UNION BANK OF INDIA vs Raj kumar Samantha on 9 October 2026

**FINAL ORDER**

This original application has been filed by the applicant bank before DRT-III, Delhi on 08.09.2015 & then transferred *Sd-*

to DRT-I, Delhi under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act 1993 against the defendants for recovery of a sum of Rs.46,24,879/- (Rupees Forty Six lacs Twenty Four thousand Eight hundred Seventy Nine only) as on 31.08.2015 along with pendentelite and future interest @16.50% per annum with monthly rest from the date of filing of this application till the date of its realization and costs.

2. The brief facts of the case are that at the request of defendant no.1 and 2 vide their loan application dtd 05.09.2009, the applicant bank sanctioned Corp Mortgage facility for a sum of Rs.24,00,000/- (Rupees Twenty Four lacs only) on 26.09.2009 @14.00% interest per annum with monthly rests against mortgage of property bearing no.WZ-256/B, First Floor, Inder Puri, New Delhi owned by defendant no.1 and personal guarantees of defendant no.2 and 3. Further on the request of defendant no.4 being proprietorship concern of defendant no.1, the applicant bank sanctioned overdraft facility of Rs.5,00,000/- (Rupees Five lacs only) on 02.02.2010 against the mortgaged property. In case of default, the defendant agreed to pay @2% penal interest over the agreed rate of interest to the applicant bank.

3. That in order to avail the credit facilities, the defendant no.1 & 2 submitted loan application dated 26.09.2009 and executed Request for Credit Facilities, Demand Promissory Note, Take Delivery Letter to D.P.Note, Guarantee Agreements and Memorandum of Deposit of Title dated on 26.09.2009. Further, defendant no.1 submitted application for OD facility dated 03.01.2010, Credit Sanction Intimation, Demand Promissory Note, Take Delivery to DP Note, Continuity Letter, Sd/-

Letter of Proprietorship, LOC for disclosure of Information, Common Deed of Hypothecation of Assets and Guarantee Agreement on 02.02.2010 in favour of the applicant bank.

4. That in order to secure the loan facility, the defendant no.1 created equitable mortgage of freehold residential property bearing No.WZ-256B, First Floor, Inder Puri, New Delhi by depositing title documents and Memorandum of Deposit of Title Deed in favour of applicant bank on 26.09.2009

5. It has been submitted by the applicant bank that after availing the credit facilities, the defendants become irregular in operating the accounts and pay the monthly interest / installments in time despite several requests. The applicant bank classified the account as NPA on 31.12.2010 as per RBI guidelines but defendants failed to clear the outstanding as well overdue amount, hence, the applicant bank has approached this Tribunal for recovery of their dues.

6. Notice under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 17.01.2011 was issued to the defendants calling upon them to pay the entire outstanding dues with the applicant bank.

7. Notice of this O.A. were issued to the defendants and despite proper service through publication in newspapers, the defendants have chosen to absent from the proceedings. As per order dated 21.03.2018, the defendant no.1 to 4 have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants.

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8. In order to prove its case, the applicant bank has filed the copies of documents such as Power of Attorney, Application for Loan, Sanction Letter, Request for Credit Facilities, Demand Promissory Notes, Take Delivery Letters to DP Note, Guarantee Agreements, Memorandum of Deposit of Title Deeds, Application for Credit Facility, Request for Overdraft facility, Credit Sanction Intimation, Continuity Letter, Letter of Proprietorship, LOC for disclosure of Information, Common Deed of Hypothecation, Acknowledgement of Debt, Bifurcation of Amount, Certificate, Statement of Account, Demand Notice marked as Page No.1 to 87.

9. The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly proved.

10. The case filed by the applicant bank gone unrebuted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

11. In the light of the above discussions and documents on record, the Original Application deserves to be allowed.

**ORDER**

I, allow this OA and direct the defendants to pay to the applicant bank within a period of 30 days, jointly or severally, a sum of Rs.46,24,879/- (Rupees Forty Six lacs Twenty Four thousand Eight hundred Seventy Nine only) as on 31.08.2015 together with pendentelite and future interest @16.50% per SD

annum with monthly rest from 01.09.2015 till the date of realization and costs failing which the aforesaid amount shall be recovered from sale of mortgaged property bearing WZ-256/B, First Floor, Inder Puri, New Delhi. In case of shortfall the same shall be recovered from the sale of movable and immovable assets of the defendants.

(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 08.12.2026.

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

**(GOVIND BALLABH SHARMA)** **PRESIDING OFFICER** **DRT-I, DELHI**

(Dictated and pronounced in open court) Dated: 09.10.2026