STATE BANK OF INDIA vs MR MITUN GARG on 24 July 2026

FINAL ORDER

This original application has been flled by the applicant bank, on 20'02'2018 through Mr' Prem Kumar' Chief Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.24,56,620/- together with cost' charges and pendentellite and future interest @16'750lo from date of filing of this O.A. till the realization in full'

2. The brief facts of the case are that at the request of defendant nos'1 and 2, the applicant bank sanctioned Housing Loan Facility under SBI Housing Loan Scheme of Rs.25,39,000 l- on 15'04'2014 for purchasing of Flat No'- 1-l20l,OXYHomez,NewDilshadExtension'Bhopura' Tila More, Ghaziabad, U'P-110092' The defendants executed all necessary loaning documents' Ms. Smita Srivastava, Counsel appears for applicant bank. oEi"nOuntt are exparte, since, 20'04'2023' e^

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3. It is further submitted that the defendants enjoyed and utilized the Loan facilities, 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 25.09.2017' The applicant bank served a demand notice dated 07 'Ll'20t7 and legal notice dated 19.01.2018 to the defendants but failed to recover the same Thus, the present O'A'II-'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 exparte on 20.04.2023.

5. The applicant bank has flled evidence by way of affidavit of Shri. Sharvan Kumar Jha, Chief Manager of the applicant bank as Annexure-A to Annexure- L, which 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 evidence and documents filed by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the evidence and documents filed by the t\

TA NO. 2002 of 2023 J applicant bank based upon the written/Printed documents. In the tight of the above discussions, the present T'A' deserues to be allowed.

ORDER

1) I hereby allow this T.A' of the applicant bank and direct the defendant nos.1 and 2 to pay jointly and severally to the applicant bank within 30 days from today' a sum of Rs.24,56,6201' along with cost' expenses and interest @L4.75o/o from the date of filing 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 mortgaged property bearing Flat No'-1- 1201, OXY Homez, New Dilshad Extension' Bhopura' Tila More, Ghaziabad, U.P-110092' In case of short fall' the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos'1 and 2.

3) Recovery Certiflcate 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.

4) l

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5) Parties are directed to appear before Recovery Officer, DRT-II, Delhi on 24'09'2026' Pending IAs, if anY, stand disPosed of' File be consigned to records' SA ( susHrl ru-tqnn nnirbcl) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed' dated and pronounced in oPen coutt' --..-\ C"\ ( susHl L rrrqnn irAsroct) PRESIDING OFFICER DRT-II, Delhi Date :24.07.2026 the Ld Date:24.07.2026