Debts Recovery Tribunals and Appellate Tribunals
ALLAHABAD BANK vs Smt.MUKESH on 7 September 2026
Before SUSHIL KUMAR RASTOGI, Presiding Officer Debts RecoverY Tribunal-Il, Delhi TA No.327 OF 2024
INDIAN BANK (FORMERLY KNOWN AS ALLAHABAD
BANIi) vs sMT. MUKESH & oRs
Reserued on
13O.07.2026
Pronounced on : 07.09.2O26
Indian Bank
(Allahabad Bank)
Vs.
1. Smt. Mukesh
2. Shri. Devendra Singh
3. Shri. Satish
4. Shri. BhoPalSharma
-Applicant bank
- Defendants
Present: Ms. Archana Kasana, Counsel appears for aPPlicant bank.
Deiendants are exparte, since' 29'04'2015'
FINALORDER
This original application has been filed by the applicant bank, on 22.05.2007 through Shri' N'S' Nimwal'
Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.10,78,899/- together with cost' charges and pendentellite and future interest @10'75olo 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 nos.1 and 2, the applicant bank sanctioned a Loan Facility of Rs.15,00,000/-, vide sanction letter dated24.05'2003forfurnishing/repairs/improvement/
e\
TANO. 327 of2024
renovation of the property being Propefi bearing No.35, measuring 300 Sq' Yards, out of Khasra No'665'
situated within the Old Lal Dora (1908-09) of Village Nawada, Delhi. The defendants executed all necessary loaning documents on 24'05'2003 and 09'07'2003' To securetheabove-mentionedhousingloan,thedefendant nos.3and4alsoexecutedtheirpersonalguarantees'in favour of the applicant bank on 24'05'2003' To fufther secure the above loan sanctioned to the defendant nos'1
& 2 mortgage with respect of the property was created by the defendant nos'1 & 2 vide a deed of moftgage dated 09.06'2003 i'€', Property bearing No'35'
measuring 300 Sq. Yards, out of Khasra No'665' situated within the Old Lal Dora (1908-09) of Village Nawada'
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' The applicant bank served a legal notice dated 15'05'2007 to the defendants but failedtorecoverthesameThus,thepresentO'A'rI'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 seruice' Accordingly' the Delhi.
defendants were
29.04.20Ls.
proceeded against exPafte on
s^
TANO.327 of2024
5. The applicant bank has filed evidence by way of affidavit of Shri. l.S. Kohli, Chief Manager of the applicant bank as Annexure -1 to Annexure -19, 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 applicant bank documents.
based upon the written/Printed
In the light of the above discussions, the present T'A'
deserues to be allowed.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
1) I hereby allow this T'A' of the applicant bank and directthedefendantnos'lto4topayjointlyandseverally to the applicant bank within 30 days from today' a sum of Rs.10,78,899/- along with cost, expenses and interest @9.75olo 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 No'35' measuring 300 Sq' Yards, out of Khasra No'665' situated within the Old Lal Dora (1908-09) of Village Nawada' Delhi. In case of short falf the same shall be recovered 5,\
TANO.327 of2024
from the sale of personal movable and immovable assets of the defendant nos'1 to 4'
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.
5) Parties are directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on 09'11'2026' Pending IAs, if anY, stand disPosed of. File be consigned to records. Date : 07.09.2026 c) (susHIL KUMATI RAsroct) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in oPen court. Date : 07.09.2026 'S) (susHIL KUMAR .RASTOGI) PRESIDING OFFICER DRT-II, Delhi