Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs M/S KHUSHBOO GOLD AND DIAMONDS on 27 August 2026
Date of filing : 26.02.2010
Decided on : 27.08.2026
**IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI
TRANSFER ORIGINAL APPLICATION NO. 636 of 2023**
Bank of India a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act 1970 having its Head Office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051 and one of its branches known as Turner Road Branch having address at 21/22 Cassias, Turner Road, Bandra (W) Mumbai 400050 through authorized officer Mr. D.M.Kamble Senior Manager.
...Applicant
**VERSUS**
1. M/s.Khushboo Gold & Diamonds having its address at Flat No. 16 Anu, S.V.Road; Santacruz (W), Mumbai 40005-through its Sole Proprietor Mr. Yogesh R Soni.
2. Mr. Yogesh R. Soni, Indian inhabitant residing at Flat No. 16 Anu, S.V.Road, Santacruz (W), Mumbai 400054.
3. Mr. Mangesh S. Ahire, Indian Inhabitant having his address at 1101-A, Royal Court, Near Excel Industries, S.V. Road, Jogeshwari (W) Mumbai 400102.
...Defendants
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Counsel for the Applicant : Advocate Prashant Shinde i/b Anant Shinde & Co.
Counsel for the Defendants : NIL- Defendants Ex -parte.
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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.31,32,843/- with future interest thereon from the date of presentation of the Transfer Original Application till payment/realization and to enforce the mortgaged securities.
2. 2. The Defendants were granted a Star Mortgage Loan for a sum of Rs.25,57,000/- vide sanction letter dt.31.08.2007 as specified in para no.5.2 of the Transfer Original Application and on them executing loan and security documents.
3. Defendants mortgaged the property viz., Shop Nos. 17, 18 and 19, admeasuring 870 sq. ft. carpet area and 1176 sq. ft. built up on the First Floor, Level II in the building known as Deewan Centre, Shopping Mall, S. V. Road, Bandivale, Near Jogeshwari Station, Jogeshwari (W), Mumbai 400 102 in favour of the applicant, to secure the loan.
4. Despite the undertaking effected by Defendants they 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 31.07.2008.
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 Defendants to pay up the dues with interest.
6. Since the defendants 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 26.02.2010. Defendants were duly served with the summons through paper publication for appearance on 13.08.2010 and also served with the transfer notice through paper publication on 22.02.2018 and 06.12.2024. Despite receipt of summons through paper publication and transfer notice through paper publication, the defendants did not appear. They had remained absent without any representation for them and so, they were set at exparte.
1. 7. The applicant filed an affidavit (exhibit-22) in lieu of examination in chief through Mr. Chandra Pal, Chief Manager of the bank, had produced documents, which are admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-10.
2. 8. Accordingly, the Transfer Original Application was filed for the recovery of Rs.31,32,843/- with further interest @12% p.a. Compounded monthly and other expenses for the period from the date of filing of this T.O.A. till payment/realization.
3. 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.
4. 10. In view of the observations made hereinabove, Transfer Original Application filed by the applicant deserves to be allowed.
5. 11. Hence, the following order is passed:
A handwritten signature or mark, possibly a stylized 'V' or a signature, located at the end of paragraph 11.
ORDER
a. T.O.A. stands allowed with cost and the Defendant No. 1 to 3 are held liable jointly and severally to pay to the Applicant Bank within two months a sum of Rs.31,32,843/- with further interest @12% p.a. and other expenses from the date of filing of this T.O.A. till the date of realization; failing which the aforesaid amount shall be recovered from the sale of mortgage property viz., Shop Nos. 17, 18 and 19, admeasuring 870 sq. ft. carpet area and 1176 sq. ft. built up on the First Floor, Level II in the building known as Deewan Centre, Shopping Mall, S. V. Road, Bandivale, Near Jogeshwari Station, Jogeshwari (W), Mumbai 400 102 and in case of shortfall, the same shall be recovered from the sale of the movable and immovable properties of the Defendants.
b. Defendants are directed to declare, on oath, to the Recovery Officer, Debts Recovery Tribunal - I, Mumbai, both their moveable and immovable 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 Defendants are 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 :27.08.2026.
(Dictated to my Stenographer, transcribed by him corrected and signed by me and pronounced in open forum on 27.08.2026)
Place:- Mumbai Date:- 27.08.2026
Presiding Officer, DRT-1, Mumbai (Sreekala Suresh)