Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs ZESHAN on 30 June 2026
Date of filing : 17.03.2022
Decided on : 30.06.2026
**IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI
TRANSFER ORIGINAL APPLICATION NO. 178 of 2023**
BANK OF INDIA, a Bank, a body Corporate Constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, having their Head Office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai 400 051 and one of its Branch office Amongst Other known as Campal Panaji Branch situated at Dempo House, 291, Campal, Panaji, Tiswadi, Ilhas, North Goa - 403 001, through its Constituted Attorney, Mr. Subhash Chodankar, Chief Manager of the Applicant.
...Applicant
VERSUS
MR. ZESHAN HAMZA KOYA Adult, Indian Inhabitant, having address at Flat No.303, Block - D, 2nd Floor, Landscape Cabo, Odel, Donapaula, Tiswadi, North Goa - 403 002
...Defendant
---
Counsel for the Applicant : Advocate Prashant Shinde i/b Anant Shinde and Co.
Counsel for the Defendant : NIL- Defendant Ex -parte
---
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.
J U D G M E N T
1. 1. This is an application under Section 19(1) of Recovery of the Debt and Bankruptcy Act, 1993 (for short, 'the 1993 Act') to recover Rs.66,60,826.12/- with future interest thereon from the date of presentation of the Transfer Original Application till payment/realisation.
2. 2. The Defendant was granted a Star Home Loan facility for a sum of Rs.57,00,000/- vide sanction letter dt.16.01.2019 as specified in para no.5 (B) of the Transfer Original Application and on them executing loan and security documents.
3. 3. Defendant had mortgaged the property viz.,Flat No. AT-3, admeasuring 135 sq. mtrs. super built up area on the 3rd floor in the residential project known as Platinum Residency - I along with proportionate undivided share in Plot No. A, Matriz No. 12, Survey No.271 / 6 of Village in Carambolim, Taluka - Tiswadi, Registration Sub District of Ilhas, District of North Goa, Goa-403 110 in favour of the applicant to secure the loan.
1. 4. Despite the undertaking effected by Defendant he had failed to regularise the account and service interest in the account. So the account remained out of order since long time resulting in it to be declared as NPA on 31.03.2021.
2. 5. Despite issuance of letters, personal visits, telephonic conversation and reminders the Defendants had failed to regularise the account. So the Applicant had caused the issuance of lawyer notice to Defendant to pay up the dues with interest.
3. 6. Since the defendant failed to make the repayment, the applicant was left with no other alternative other than to file the Transfer Original Application which was presented on 17.03.2022. Defendant was duly served with the summons through paper publication for appearance on 04.04.2025. Despite receipt of summons, the defendant did not appear. He had remained absent without any representation for him and so, he was set at exparte.
4. 7. The applicant filed an affidavit (exhibit-17) in lieu of examination in chief through Mr. Nikhil Kulkarni, Chief Manager of the bank, who had produced documents, which are admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-16.
5. 8. Accordingly, the Transfer Original Application was filed for the recovery of Rs.66,60,826.12/- with further interest @ 7.70% p.a. along with penal interest @ 2% p.a. and other expenses for the period from the date of filing of this T.O.A. till payment/realization.
9. A scrutiny of the averments in the Transfer Original Application and an analysis of the evidence adduced by the applicant, which has gone unchallenged, uncontroverted and unrebutted, shows that there is no reason to reject the claim made by the applicant bank.
10. In view of the observations made hereinabove, Transfer Original Application filed by the applicant deserves to be allowed.
11. Hence, the following order is passed:
ORDER
a. T.O.A. stands allowed with cost and the Defendant is held liable to pay to the Applicant Bank within two months a sum of Rs.66,60,826.12/- with further interest @ 7.70% p.a. along with penal interest @ 2% p.a. and other expenses for the period from the date of filing of this O.A. till the date of realization; failing which the aforesaid amount shall be recovered from the sale of mortgage property viz., Flat No. AT-3, admeasuring 135 sq. mtrs. super built up area on the 3rd floor in the residential project known as Platinum Residency - I along with proportionate undivided share in Plot No. A, Matriz No. 12, Survey No.271 / 6 of Village in Carambolim, Taluka - Tiswadi, Registration Sub District of
Ilhas, District of North Goa, Goa-403 110 and in case of shortfall, the same shall be recovered from the sale of the movable and immovable properties of the Defendants.
- b. Defendant is directed to declare, on oath, to the Recovery Officer, Debts Recovery Tribunal – I, Mumbai, both their moveable and immoveable assets for the purpose of attachment and sale for realizing the shortfall, if any.
- c. Let a Recovery Certificate be issued with a memo of cost immediately u/s 19(22) of The Recovery of Debts and Bankruptcy Act, 1993 together with the details of the properties, if any.
- d. The Defendant is restrained from depleting, transferring, encumbering, alienating or in any way dealing with their properties/assets without first paying the claim of the Applicant Bank.
- e. Copies of this judgment be sent to the parties free of cost and file be consigned to the record room.
- f. Give under my hand and the seal of this Tribunal on this date : 30.06.2026.
(Dictated to my Stenographer, transcribed by her corrected and signed by me and pronounced in open forum on 30.06.2026)
Place:- Mumbai Date:- 30.06.2026
Presiding Officer, DRT-1, Mumbai (Sreekala Suresh)