UNION BANK OF INDIA vs MRS ZUBEDA BEGUM on 29 October 2026

FINAL ORDER

This original application has been filed by the applicant ban( on 18.05'2018 through Sh' Dwarika Prasad, Chief Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs'20,43,600/- together with cost, charges and pendentellite and future interest @13.50o/o from date of filing of this O.A. tillthe realization in full.

2. The brief facts of the case are that at the request of Mr. Irshad Hussain and defendant no.1, the applicant bank sanctioned a Housing Loan Facility of e0

TANO. 1242of 2022

Rs.20,00,000/- for purchase and construction of Propefi No.118, Block-B, Shalimar Garden Main, Village Pasonda, Pargana Loni, Distt, Ghaziabad, U.p_201005, measuring 233.33 sq. yds, vide sanction letter dated 25.01.2003. The defendant no.l executed all necessary loaning documents on 29.01.2003. It is submitted that Mr. Raj Singh Saini executed sale deed dated 01.02.2003 in favour of the Mr. Irshad Hussain and the same was deposited with the applicant bank. Mr. Irshad Hussain also executed memorandum of deposit of tifle deeds dated 06.02.2003. It is submitted that after receipt of one such notice the defendant no.2 informed the bank on 29.09.2015 about the death of Mr. Irshad Hussain on 08.09.2014 but failed to clear their dues.

3. It is further submitted that the defendants enjoyed and utilized the Loan facilities, but failed to maintain the financial discipline and failed to repay the due amounts. 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 classified as NPA dated 30.09.2015. The applicant bank serued a demand recall notice dated 30.10.2015 to the defendants but failed to recover the same Thus, the present O.n.ff.n. is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, defendants put appearance through counsel and filed written statement but failed to file evidence and the right to file evidence of defendants were closed vide order dated 01.05.2025.

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5. The applicant bank has filed evidence by way of affidavit of Ms. Arti Rana, Chief Manager of the appticant bank as Annexure A-1 to Annexure A17, which have gone unchallenged and un-rebutted. Hence, the case of the applicant stands fuily estabrished against the defendants with respect to nonpayment of outstanding amount.

6. After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The evidence and documents filed 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 documents. based upon the written/printed In the light of the above discussions, the present T.A. deserves to be allowed.

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.1 and 2 to pay joinUy and severally to the applicant bank within 30 days from today, a sum of Rs.20,43,600/- along with cost, expenses and interest @9.92o/o from the date of filing of this O.A. which has become T.A till the date of realization. However, the liability of LRs of deceased Mr. Irshad Hussain is limited to the extent of propefi/assets inherited by them from deceased Mr. Irshad Hussain.

2) In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of mortgaged prg,perty bearing No.llg, Block-B, Shalimar Garden Main, Vill Pasonda, Pargana TANO. 1242of2022 4 Loni, Distt, Ghaziabad, U.p- 201005, measuring 233.33 sq. yds. In case of short fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos.1 and 2.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal_Il, Delhi.

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 2g.tZ.ZO26. pending IAs, if any, stand disposed of. File be consigned to remrds. Date : 29.10.2026

Atolr.L (susHrl KUMAR nnStOCrl PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. 3+*'Se'<;4, *

Date : 29.10.2026 (SUSHIL KUMAR RASTocr) PRESIDING OFFICER DRT-II, Delhi I'o