Debts Recovery Tribunals and Appellate Tribunals
UNION BANK OF INDIA vs RAJNI LUTHRA AND ORS on 27 October 2026
Before SUSHIL KUMAR RASTOGI' Presiding Officer Debts RecoverY Tribunal-Il' ['elhi TA No.373 OF 20.24
uNION Siii OT INDIA VS RA,NI LUTHRA & ORS
Reserued on z L4'O9'2O26 (11'@'2026)
Pronounced on : 27'LO'2O26
Present: Mr. Sandeep Kumar' Counsel appears for aPPlicant bank'
Defendants ire exparte' since' 25'11'2019'
Union Bank of India
Vs.
1. RajniLuthra
2. Sweekar Luthra
3. Parvesh Kumar Khanna
dated 11'08-2014'
necessary lcaning
-Applicant bank
- Defendants
The defendants executed
documents on 11'08'2014'
FINAL ORDER
This crriginal application has been filed by the applicant bank, on tg'04'20t7 through Shri' Randhir Singh, Senior Matmger of the applicant bank' under Section 19 of the RDB Act, 1993 against the defendanb for recovery of a sum of Rs'29,54'075'10 together with cost, charges and pendentellite and future interest @9.30o/o p.a. from date of filing of this O'A' till the realization ir' t-ull.
2. The brief facts of the case are that at the request of defendant nos.1 & 2, the applicant bank sanctioned a Housing Loan Facility of Rs'28,50,000/- for the purchase ofhouseunderUnionHomeScheme,videsanctionletter all The defendant no.3 had executed a letter of guarantee dated 1.08.2014 irr favour of--tt'p-applicant bank as availed by c\.
TANO. 373 of2024 defendant nos.t & 2' The defendant no'1 on 2T.tl.Z[t4created an equitable mortgage in respect of his immovable propefi bearing no' D-12' Second Floor' FrontSideFlat,KhasraNo.ll,Village-Matiala,Mansa Ram Park, Uttam Nagar, New Delhi-110059 as a security in favour of the aPPlicant bank'
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It is further submitted that the defendants enjoyed and utilized the Loan facilities' but failed to maintain the to recover its dues' flnancialdisciplineandfaitedtorepaythedueamounts. 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 classifled as NPA dated 30'09'2016' The applicant bank served a demand notice dated 28'10'2016 to the defendants but failed to recover the same Thus' the present O.A'|I'A' is preferred by the applicant bank
4. On notice by this Tribunal' defendants put appearance through counsel but faited to file written statement. Thereafter, the defendants failed to put appearance in the matter, despite publication' AccordinglY, the defenda exparte on 25.11.2019' nts were Proceeded against
5. The applicant bank has fited evidence by way of afficiavitofMr.LakshyaKhatri'ChiefManagerofthe applicant bank as Annexure - 1 to Annexure - 15' which have gone unchallenged and un-rebutted' Hence' the case of the applicant stands fully established against the defendantswithrespecttononpaymentofoutstanding amount. CJ
TANO. 373 of2024
6. After Perusing the records, this Tribunal is of the Present T.A' J theviewthattheapplicantbankhasproveditscase beyond reasonable doubts' The evidence and documents flled by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the evidence and documents filed by the applicant bank based upon the written/printed documents. In the light of the above discussons' deserves to be allowed'
ORDER
1) I hereby allow this T'A' of the applicant bank and direct the defendant nos'1 to 3 to pay jointly and severally to the applicant bank within 30 days from today' a sum of Rs.29,54,075'10 along with cost' expenses and interest @9.30% from the date of filing of this O'A' which has become T.A till the date of realization'
2) In case of failure to deposit the above amount within the stipulated period' the same shalt be recovered fromthesaleofmortgagedpropertybearingno.D-12, Second Floor, Front Side Flat' Khasra No'11' Village- Matiala,MansaRamPark'UttamNagar'NewDelhi- 110059. In case of short fall' the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos't to 3'
3) Recovery Certifrcate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il' Delhi' 9"\ -
TANO.373 of2024
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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 directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on 28.L2.2026. Pending IAs, if any, stand disposed of. File be consigned to records. Date:27.L0.2026 -\\-r\ (susHrl KuMnn nyrs-rocr) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. Date:27.10.2026 \,4 (susHrl KUMAR nnSrdCU PRESIDING OFFICER DRT-II, Delhi
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