STATE BANK OF INDIA vs GAURAV KUMAR AND ORS on 15 September 2026

**FINAL ORDER**

This original application has been filed by the applicant bank on 11.11.2021 before DRT-II Delhi and then transferred SD

to DRT-I Delhi under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.33,34,608/- (Rupees Thirty Three lacs Thirty Four thousand Six hundred Eight only) as on 12.10.2021 along with pendentelite and future interest @7.40% per annum and @2% penal interest with monthly rest from 18.10.2021 till its realization in full and costs.

2. The brief facts of the case are that at the request of defendant no.1 vide its loan application, the applicant bank sanctioned housing loan of a sum of Rs.35,26,000/- (Rupees Thirty Five lacs Twenty Six thousand Only) @8.85% interest per annum subject to change from time to time as per bank's guidelines and disbursed an amount of Rs.32,72,238/- as requested by defendant no.1, which was to be repaid in EMI of Rs.30,101/- under SBI Home Loan scheme on 13.09.2018 in order to purchase under construction Flat No.C4/1203, 12^th Floor, Tower C4, "Shree Vardhman Gardenia", Sector-10, Sonipat, Haryana on the basis of allotment letter dated 22.08.2018 issued by defendant no.2.

3. That in order to avail the housing loan facility, the defendant no.1 submitted housing loan application and executed Loan Arrangement Letter, Loan Agreement, Agreement to Mortgage, No Objection to Mortgage, Affidavit and Tripartite Agreement on 13.09.2018 in favour of applicant bank.

4. That in order to secure the housing loan facility, defendant no.1 executed Agreement to Mortgage of the Flat No.C4/1203, 12^th Floor, Tower C4, "Shree Vardhman Gardenia", Sector-10, Sonipat, Haryana by way of deposit of title documents with applicant bank and also deposited title documents with applicant bank on the basis of No Objection to Mortgage qua the flat and defendant no.2 marked lien on the said flat.

5. As per tripartite agreement executed by defendants with applicant dated 13.09.2018, the applicant bank shall have first lien over the residential flat being financed, and in the event of default in repayment of instalments / interest, defendant no.2 under obligation shall cancel the booking and not transfer the flat to any other person without prior consent of applicant bank and pay all the amount received on behalf of defendant no.1 to the applicant bank.

6. It has been submitted by the applicant bank that after availing the housing loan facility, the defendant no.1 failed to comply with the terms and conditions despite several requests and failed to deposit interest and monthly instalments regularly in time to the applicant bank. The applicant bank classified the account as NPA on 10.08.2021 as per RBI guidelines and issued legal notice on 18.10.2021 calling upon the defendants to pay the entire outstanding dues to the applicant bank and defendant no.2 to cancel the booking and return the amount but the defendants did not clear the dues of the applicant bank, hence the applicant bank has approached this Tribunal for recovery of their dues.

7. Notices of this O.A. were issued to the defendants and despite of proper service, the defendants have chosen to absent from the proceedings. As per order dated 19.05.2025, the defendant no.1 has been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants. Further, the defendant no.2 has not filed its written statement, therefore, written statement filed by defendant no.2

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could not be taken on record and accordingly right to file written statement on behalf of defendant no.2 stand closed vide order dated 08.09.2025, and proceeded ex-parte.

8. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Sharat Jain, authorized representative of the applicant bank who has exhibited the documents such as Gazette Notifications Ex.AW-1/1(Colly), Original Loan Application Ex.AW-1/2, Arrangement Letter Ex.AW-1/3, Agreement for Home Loan Ex.AW-1/4, Agreement to Mortgage Ex.AW-1/5, No Objection to Mortgage Ex.AW-1/6, Affidavit Ex.AW-1/7, Call Notice/Intimation Letter Ex.AW-1/8, Allotment Letter Ex.AW-1/9, Flat Buyer Agreement Ex.AW-1/10, Tripartite Agreement Ex.AW-1/11, Demand Notice Ex.AW-1/12, Postal Receipts Ex.AW-1/13, Demand Notice Ex.AW-1/14, Postal Receipts Ex.AW-1/15, Statement of Account Ex.AW-1/16(Colly).

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 proved.

10. The case filed by the applicant bank gone unrebuted 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.

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**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.33,34,608/- (Rupees Thirty Three lacs Thirty Four thousand Six hundred Eight only) as on 12.10.2021 together with pendentelite and future interest @9.40% per annum from 18.10.2021 till the date of realization with costs failing which the aforesaid amount shall be recovered from the sale of mortgaged Flat No.C4/1203, 12^th Floor, Tower C4, "Shree Vardhman Gardenia", Sector-10, Sonipat, Haryana. In case of default, the same shall be recovered from the sale of moveable and immovable property of the defendants.

(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 13.11.2026.

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

(Dictated and pronounced in open court) Dated: 15.09.2026