PUNJAB AND SIND BANK vs AMAR NATH MISHRA AND ORS on 7 August 2026

FINAL ORDER

This original application has been filed by the applicant ank on 26.06.2019 before DRT-III Delhi and then transferred o DRT-I Delhi under Section 19 of Recovery of Debts Due to ranks and Financial Institutions Act, 1993 against the efendants for recovery of Rs.19,98,488.30 (Rupees Nineteen acs Ninety Eight Thousand Four Hundred Eighty Eight and aisa Thirty only) as on 25.06.2019 along with pendentelite nd future interest @11.95% p.a from the date of filing of this pplication till the date of its realization and costs. The brief facts of the case are that on the request of the efendant no.1 & 2, the applicant bank sanctioned Housing oan facility for a sum of Rs.15,00,000/- (Rupees Fifteen lacs only) on 09.09.2013 010.50% rate of interest per annum to e repayable in 180 EMIs of Rs.16,600/- in order to purchase esidential property No.UG-02, Upper Ground Floor built over roperty No.29A, out of Khasra No.60, Village Karawal Nagar, ew Sabhapur, illaqa Shandara, Delhi. The defendant no.3 tood as guarantor for the housing loan sanctioned in favour •f defendant no.1 and 2 by the applicant bank. That in order to avail the housing loan facility, the •efendant no.1 and 2 submitted housing loan application and xecuted CIBIL Undertaking, Form No.15 (R), Form No.106, orm No.103/291/412, Form No.199, Form No.200 on 9.09.2013 towards the applicant bank. The defendant no.3 xecuted Deed of Guarantee in Form No.256 Revised as ontinuing Guarantee towards the applicant bank •uaranteeing the housing loan sanctioned in favour of efendant no.1 and 2. 5d-

4. That in order to secure the housing loan facility, defendant no.1 & 2 purchased the property No.UG-02, Upper Ground Floor built over property No.29A, Out of Khasra No.60, Village Karawal Nagar, New Sabhapur, illaqa Shandara, Delhi and created equitable mortgage by depositing original sale deed dated 09.09.2013 of property along with previous chain of previous title documents by executing Form 84A in favour of applicant bank on 19.09.2013.

5. It has been submitted by the applicant bank that after availing the housing loan facility, the defendant no.1 and 2 failed to comply with the terms and conditions of sanction and failed to deposit interest and instalments in the account in order regularize the account. The defendant executed letter of revival or 02.09.2016 and lastly deposited Rs.74,000/- on 01.12.2016 in the account but the account remained irregular and in-operative. The applicant bank classified the account as NPA on 30.09.2016 as per RBI guidelines and issued legal notice on 27.05.2019 and has approached this Tribunal for recovery of their dues.

6. Notices of this O.A. were issued to the defendants and despite proper service, the defendants have chosen to absent -rom the proceedings. As per order dated 21.01.2025, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal and even written statement, evidence and affidavit of assets have not been filed.

7. Notice under Section 13(2) of the Securitization and econstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 08.05.2017 was issued upon defendants to liquidate the outstanding but defendants made no efforts for regularisation of the account nor replied the notice.

8. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Rajpal Singh, authorized representative of the applicant bank who has proved the documents such as General Power of Attorney, Letter of Authorization, Sanction Letter, CIBIL Undertaking, Form No.15(R), Form No.106, Form No.103/291/412, Form No.199, Form No.200, Form No.256(R), Form 84A, Sale Deed dated 09.09.2013, Previous Title Chain of Documents, Revival Letter, Notice u/s 13(2), Legal Notice etc. marked as Ex.PW-1/1 to Ex.AW-1/17.

9. The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly approved.

10. The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

11. In the light of the above discussions, the Original Application deserves to be allowed.

ORDER

I, allow this OA and direct the defendants to pay to the applicant bank within a period of 30 days, jointly or severally, a sum of Rs.19,98,488.30 (Rupees Nineteen Lacs Ninety Eight _go

Thousand Four Hundred Eighty Eight and paisa Thirty only) as on 25.06.2019 together with pendentelite and future interest @11.95% per annum with monthly rests from 25.06.2019 till the date of its realization and costs; failing which the amount shall be recovered from sale of mortgaged property bearing No.UG-02, Upper Ground Floor built over property No.29A, out of Khasra No.60, Village Karawal Nagar, New Sabhapur, illaqa Shandara, Delhi. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants. , II) The recovery certificate be issued forthwith and be sent o the Recovery Officer, Debt Recovery Tribunal-I, Delhi. (III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 06.10.2026. (IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost. .5_D (GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI Dictated and pronounced in open court) Dated: 07.08.2026