Debts Recovery Tribunals and Appellate Tribunals

BANK OF INDIA vs NEERAJ on 29 October 2026

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Date of filing : 06.10.2021

Decided on :29.10.2026

**IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI

TRANSFER ORIGINAL APPLICATION NO. 386 OF 2023**

BANK OF INDIA, a Bank, a body Corporate Constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970, having their Head Office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra (East), Mumbai-400 051 and one of its Branch office Amongst Other known as Nerul (Goa) Branch situated at Laxmi Residency, Tinto, Nerul, Bardez, Nerul (Goa), Goa - 403 114 through its Constituted Attorney, Mr. Sangram Singh, Chief Manager of the Applicant.

...Applicant

**VERSUS**

MR. NEERAJ KUMAR Adult, Indian Inhabitant, having address at House No. 186, G 1, Fatta Waddo, Nerul, North Goa, 403 114.

And also at House No. E - 10 A, East of

Kailash, Phase - I Near Kailash Colony

Metro Station, Pillar No. 76, Kalkaji,

South Delhi, Delhi, 110 065.

...Defendant

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Counsel for the Applicant : Advocate Prashant Shinde i/b Adv. Anant Shinde.

Counsel for the Defendant : NIL- Defendant 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.36,85,256.58 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 Defendant was granted a Star Home Loan facility of Rs.33.60 Lakhs vide the sanction letter dated 06.02.2020 as specified in para no.5(B) of the Transfer Original Application and on them executing loan and security documents.

3. 3. Defendant mortgaged the property viz., Flat No. BF-2 bearing House No. 242/3 on the First Floor, admeasuring 76.44 sq. mtrs. built up area in the building B, in the residential project known as Akar Heights, Survey No. 242 / 3 of Village

Sancoale, Mormugao, Vasco Da Gama, District of North Goa, Goa - 403 710, in favour of the applicant to secure the loan.

1. 4. Despite the undertaking effected by Defendant he 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 01.05.2021.

2. 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 Defendant to pay up the dues with interest.

3. 6. Since the defendant failed to make the repayment, the applicant was left with no other alternative other than to file the Original Application which was presented on 06.10.2021. Defendant was duly served with the summons for appearance through paper publication on 15.07.2024 despite receipt of summons, the defendant did not appear. He had remained absent without any representation for him and so, he was set at exparte.

4. 7. The applicant filed an affidavit (exhibit-14) in lieu of examination in chief through Mr. Rajan Kumar Mishra, Manager of the bank, had produced documents, which are admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-17.

1. 8. Accordingly, the Transfer Original Application was filed for the recovery of Rs.36,85,256.58/- with further interest @ 6.95% p.a. along with @ 2% penal interest and other expenses for the period from the date of filing of this O.A. till payment/realization.

2. 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 unrebuted, shows that there is no reason to reject the claim made by the applicant bank.

3. 10. In view of the observations made hereinabove, Transfer Original Application filed by the applicant deserves to be allowed.

4. 11. Hence, the following order is passed:

ORDER

1. a. T.O.A. stands allowed with cost and the Defendant is held liable to pay to the Applicant Bank within two months a sum of Rs.36,85,256.58/- with further interest @ 6.95% p.a. along with @ 2% penal interest 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. BF-2 bearing House No. 242/3 on the First Floor, admeasuring 76.44 sq. mtrs. built up area in the building B, in the residential project known as Akar Heights, Survey No. 242 / 3 of Village Sancoale, Mormugao, Vasco Da Gama, District of North Goa, Goa - 403 710 and in case of shortfall, the same shall be recovered from the sale of the movable and immovable properties of the Defendant.

- b. Defendant is 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 Defendant is 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 :29.10.2026.

(Dictated to my Stenographer, transcribed by him corrected and signed by me and pronounced in open forum on 29.10.2026)

Place:- Mumbai Date:- 29.10.2026

Presiding Officer, DRT-1, Mumbai (Sreekala Suresh)

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