Debts Recovery Tribunals and Appellate Tribunals
IDBI BANK vs YOGESH GHATKAR on 28 September 2026
Date of filing : 06.01.2020
Decided on : 28.09.2026
**IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI
TRANSFER ORIGINAL APPLICATION NO. 381 of 2023**
IDBI BANK Limited A Company incorporated and registered under the Companies Act, 1956 (1 of 1956) and a Banking Company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and having its registered office and Branch Office at Retail Recovery Branch, 2nd Floor, C Wing, Mittal Court, Nariman Point, Mumbai Through its Authorised Officer Amin Rajpurkar.
...Applicant
VERSUS
1) YOGESH GHATKAR Flat No. 406, 4th Floor, Wing B, Type A, Swapna Nagri A, A Wing B Wing Co-operative Hsg. Soc. Ltd., S. No. 06, H. No. 6, Barave Road, Kalyan West.
2) MAYUR GHATKAR Flat No. 406, 4th Floor, Wing B, Type A, Swapna Nagri A, A Wing B Wing Co-operative Hsg. Soc. Ltd.,
S. No. 06, H. No. 6, Barave Road, Kalyan West.
...Defendants.
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Counsel for the Applicant : Advocate M. R. Patel.
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.25,82,269/- with future interest thereon from the date of presentation of the Transfer Original Application till payment/realization.
2. 2. The Defendants were granted a Home Loan Facility for a sum of Rs.13 Lakhs vide sanction letter dt.14.03.2011 as specified in para no.5.4 of the Transfer Original Application and on them executing loan and security documents.
3. 3. Defendants created the mortgage property viz., Flat No. 406, 4th Floor, Wing B, Type A, Swapna Nagri A, A Wing B Wing Co-operative Hsg. Soc. Ltd., S. No. 06, H. No. 6, Barave Road, Kalyan West in favour of the applicant to secure the loan.
4. 4. Despite the undertaking effected, Defendants had failed to regularise the account and service interest in the account. So the account remained out of order since long time resulting it to be declared as NPA.
1. 5. Despite issuance of letters, personal visits, telephonic conversation and reminders the Defendant has failed to regularise the account. So the Applicant had caused the issuance of lawyer notice to Defendants to pay up the dues with interest.
2. 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 06.01.2020. Defendants were duly served with the summons through paper publication for appearance on 26.05.2022 and transfer notice on 22.07.2024. Despite receipt of summons and transfer notice, the defendants did not appear. They had remained absent without any representation for them and so, they were set at exparte.
3. 7. The applicant filed an affidavit (exhibit-15) in lieu of examination in chief through Mr. Rishraj Singh Aneja, Asst. General Manager of the bank, had produced documents, which are admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-13.
4. 8. Accordingly, the Transfer Original Application was filed for the recovery of Rs.25,82,269/- with further interest @10.50% p.a with monthly rests 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 no.1 & 2 are held liable jointly and severally to pay to the Applicant Bank within two months a sum of Rs.25,82,269/- with further interest @10.50% 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., Flat No. 406, 4th Floor, Wing B, Type A, Swapna Nagri A, A Wing B Wing Co-operative Hsg. Soc. Ltd., S. No. 06, H. No. 6, Barave Road, Kalyan West 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 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 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 :28.09.2026.
(Dictated to my Stenographer, transcribed by him, corrected and signed by me and pronounced in open forum on 28.09.2026).
Place:- Mumbai Date:- 28.09.2026
Presiding Officer, DRT-1, Mumbai (Sreekala Suresh)