Idbi Bank v. Sana
Case brief
What is this about?
The Tribunal allowed the bank's application for recovery of Rs. 31.95 Lakhs plus interest. The defendant failed to appear despite notice. The Tribunal directed payment within 60 days and authorized recovery from mortgaged or other assets.
What did the court decide?
Repurchase of Rs. 31,95,986.68 with interest; recovery from sale of mortgaged/other assets; prohibition on dealing with properties.
What the court decided
OA 270 of 2022
Registered on: 28.06.2022 Decided on: 27.12.2023
IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI ORIGINAL APPLICATION NO. 270 of 2022
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 Regulations Act, 1949, (10 of 1949) and having its Registered Office at IDBI Tower, IDBI Bank W.T.C. Complex, Cuffe Parade, Mumbai 400005 and amongst others at Retail Asset Centre Ambernath, Sitai Sadan, Station Road, Opp IDBI Bank Branch, Ambernath, (E), Mumbai- 421501 and at Retail Recovery Department, Mittal Court, C-Wing, 2nd Floor, Nariman Point, Mumbai- 400 021 through its Authorised Officer Shri. Sanjay Valechha.
…. APPLICANT
VERSUS
SANA NOORMOHAMD SHAIKH, An adult Indian inhabitant having address at, Flat No. 101, ‘B’ Wing, Jagganth Dham Building, Nandivali Pada, Dombivali (East), Thane 421201 and Noormohamd Shaikh, Khadi Machine Sultana Palace, Mumbra 400612
… DEFENDANT
Counsel for the Applicant : Advocate Prakash Shinde i/b MDP & Partners
Counsel for the Defendant : Ex-parte
Issues for consideration
2 issues framed by the court
Whether the defendant is liable to repay the outstanding home loan loan amount of Rs. 31,95,986.68 with interest upon default.
Whether the trial was fairly conducted ex-parte due to non-appearance of the defendant.
Parties & counsel
- applicant
IDBI Bank Limited
Coram
Dr. Rekha G. Dhakar
Case details
As recorded by the court registry
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