INDIAN BANK vs AVINASH SINGH DIXIT on 17 July 2026

FINAL ORDER

This original application has been filed by the applicarlt bank, on 15.06.2018 through Smt. Anshu Singh, Chief Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.25,78,879.64 together with cost, charges and pendentellite and future interest @ 9.600/o p.a. from date of filing of this T'A. till the realization in full.

2. The brief facts of the case are that at the request of the defendant nos.1 & 2, the applicant bank sanctioned a Housing Loan Facility of Rs.28,00,000/-, vide sanction letter dated 28.L1.2014 for purchase of property bearing Falt No.C-802, 8h Floor, Tower C, in group housing project known as Red Apple Residency, Khasra No.998, Nr. KDP 9!19!11'lational Highway -58, s"I

- Defendants

TANO.23612024 2 Raj Nagar Extn., Ghaziabad, area measuring 875 Sq. ft, to be developed and constructed by defendant no.3' The above said housing loan facility was sanctioned to defendant nos.1 &2 against the security to be created as equitable moltgage of the aforesaid property. The applicant bank has disbursed the amount of Rs.23,77,7241- out of sanctioned of Rs.28,00,000/-. A Tripartite Agreement dated

05. L2.2074 executed between defendant no'1 and defendant no.3 with the applicant bank. The defendants executed all necessary loaning documents on 08. 12.201 4, 06.L2.2014 and 05' 12'2014.

3. It is further submitted that the defendants enjoyed and utilized the Loan facility, but failed to maintain the financial discipline and failed to repay the due amounts. The applicant bank requested the defendants to regularize the loan account by visits and letters, but there was no response from the defendants. Hence, the account was classified as NPA dated 27.10.2017. The applicant bank served a legal notice dated Oz.Lt.2Ol7 to the defendants, demanding the amount due as on that date, but failed to recover the same. Thus, the present T.A' is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, defendants failed to put appearance at all, despite publication. Accordingly, the defendants were proceeded against expatre on L0.06.2024.

5. The applicant bank has flled documents along with the O.A. as Annelqre A to Annexure A-14, which s-[-,.

TANO.23612024 3 have gone unchallenged and un-rebutted' Hence, the case of the applicant stands fully established against the defendants with respect to nonpayment of outstanding amount.

6. After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The documents filed by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the documents filed by the applicant bank based upon the wriften/printed documents' In the light of the above discussions, the present T'A' deserves to be allowed.

ORDER

1) I hereby allow this T.A' of the applicant bank and direct the defendant nos. 1 to 3 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.25,78,879.64 along with cost' expenses and interest @9.600/o from the date of flling of this O.A. which has become T'A' till the date of realization.

2) In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of the mortgaged property bearing Falt No.C-802, 8h Floor, Tower C, Khasra No.998, Nr. KDP Circle, National Highway -58, Raj Nagar Extn., Ghaziabad,-area,measuring 875 Sq' ft' In <)''

TANO.23612024 4 case of short fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos.1 to 3.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il, Delhi.

4) The registry of this Tribunal is hereby directed to issue free copy of the order and send the same to both the parties.

5) Pafties are direct to appear before the Ld' Recovery Officer, DRT-II, Delhi on 17.09.2026' Pending IAs, if any, stand disPosed of. File be consigned to records' ( Sc\ l. Date: L7.07.2026 This judgement has been signed, dated and pronounced in open couft. (susHIL KUURR nnstOGI) PRESIDING OFFICER DRT-II, Delhi L PRESIDING OFFICER DRT-II, Delhi /\!d\ (susHIL (UUnn RASTOGI) Date I L7.07.2026