CENTRAL BANK OF INDIA vs MR. MAHAVIR SINGH on 4 August 2026

FINAL ORDER

This original application has been flled by the applicant bank, on 19.10.2019 through Mr. Amar Singh Meena, Branch Manager and Authorized Officer of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.32,00,173/- together with cost, charges and pendentellite and future interest @9.600/o p'a' 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 no.1, the appl'lgmt bank sanctioned a qi TANO.946of 2023

Housing Loan Facility of Rs.23.83 Lakhs, vide sanction lefter dated 20.04.2015. The defendant no.2 stood as guarantor. The defendants executed all necessary loaning documents on 20.04.20t5. In Consideration of guarantee the aforesaid loan facility given in the name of the defendant, the defendant no.1 created equitable mortgage of First Floor fut. Bearing No.103 without roof rights Built-upon Propefi No. K-14, Area measuring 58 Sq. yds., out of Khasra No.82123, situated at Village Palam, Colony known as Mahavir Enclave, New Delhi-l10045 along with small car parking on stilt Ground Floor as a security for repayment of loan amount.

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 31.12.2016. The applicant bank served a recall notice dated 21.05.2019 to the defendants but failed to recover the same Thus, the present O.A.ff.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 27.06.2025.

TANO. 946 of 2023

5. The applicant bank has filed evidence by way of affidavit of Mr. Sudhir Sharma, Branch Manager and Authorized Representative of the applicant bank as Annexure - 1 to Annexure -15, which have gone unchallenged and un-rebufted. 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 flled 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 and 2 to pay jointly and severally to the applicant bank within 30 days from today' a sum of Rs.32,00,1731- along with cost, expenses and interest @9.600lo 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 mortgaged property i'e', First Floor tuL g.}.,

TANO.946of2023 4 Bearing No.103 without roof rights Built-upon Property No. K-14, Area measuring 58 Sq. yds., out of Khasra No.B2/23, situated at Village Palam, Colony known as Mahavir Enclave, New Delhi-110045' 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 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) Parties are directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on 05.10.2026. Pending IAs, if any, stand disPosed of. File be consigned to records. SA Date : 04.08.2026 (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in oPen court. \ ,<^a (su sH r L ru rrnnnnsrt-rdr) PRESIDING OFFICER DRT-II, Delhi Date : 04.08.2026