PUNJAB NATIONAL BANK vs SMT. SHALU on 10 June 2025

FINAL ORDER

This original application has been filed by the applicant bank, on t7.Ol'20L4 through Shri C'P' Garg' Chief Manager, duly constituted attorney of the applicant bank, under Section 19 ofthe RDB Act' 1993 against the defendants for recovery of a sum of Rs.28,16,31U- together with cost' charges and pendentellite and future interest @t2'25o/o from date of filing of this O'A. till the realization in full'

2. The brief facts of the case are that the request of defendant nos'1 and 2, the applicant bank sanctioned a Housing Loan Facility of Rs'24,00,000/-'vide sanction letter dated 19.09.2011 which were duly accepted by the defendant nos.1 and 2 and equitable mortgage was created by the defendant nos'1 and 2 of propefi bearing House No'51 (GF and FF) Pocket-6' Sector- 21' \,/ l l i I I I I i ! i I I I I I T I I I

TA NO. 170812022

Rohini, New Delhi-110085, which was purchased by the defendant nos.1 and 2' This equitable moftgage was created by the defendant nos'l and 2 in favour of the applicant bank by depositing the Original Title Deeds including sale deed of the mortgaged property' The defendants executed documents on 21'09.2011 necessary loaning 21.10.2011. The all and defendant nos.3 and 4 stood guarantors and also signed as guarantors to secure the loan of the applicant bank.

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 on 22.t0.20t2' Therefore, the applicant bank served a notice dated z3'l}.z}tlto the defendants but failed to recover the same Thus, the present O'AffA is preferred by the applicant bank to recover its dues'

4. On notice by this Tribunal, the defendant no'1 to 3 failed to put appearance at all, despite publication' Accordingly, defendant nos'l to 3 were proceeded against exparte dated 06'03'2024'The defendant no'4 put appearance through counsel and filed written statement but failed to file evidence' Thereafter' the defendant no.4 failed to put appearance' Accordingly' the defendant no.4 was proceeded against exparte dated 06.03'2024. -c>

TA NO. t70812022

5. The applicant bank has filed evidence by way of affidavit of Sh. Mahender Singh Yadav' Manager of the applicant bank as Paper No-1 to Paper no'-73 along with the OA which have gone unchallenged and un-rebutted. Hence, the case of the applicant bank stands fully established against the defendants with respect to non-payment of EMI/ 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 lead by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the evidence lead by the applicant bank based documents. upon the written/Printed In the light of the above discussions, the present TA deserves to be allowed'

ORDER

1) I hereby allow this T.A' of the Applicant Bank and direct the defendant nos. 1 to 4 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.28,16,311/- along with cost' expenses and interest @ 12.00o/o from the date of filing of this O.A which has become TA 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 propefi bearing House No.51 (GF and FF) Pocket-6, Sector- 21, Rohini' New Delhi-l10085. In case of short fall, the same shall be q,\

TA NO. t70812022

recovered from the sale of the personal movable and immovable assets of the defendant nos' 1 to 4'

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

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, Delhion 12'08'2025' Pending IAs, if anY, stand disPosed of' File be consigned to records' Delhi. Date:10.06'2025 n (SUSHIL KUMAR PRESIDING O DRT-II, Del nasfbcrl FFICER hi g.\ Date: 10.06.2025 This judgement has been pronounced in oPen court' signed, dated and 9} '( (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi T