This order allows a debt recovery application filed by State Bank of India against two defendants for recovery of a housing loan and top-up loan along with interest. The Tribunal found the evidence led by the bank conclusive and directed realization of the dues.
方向和允许申请人收回 3,49,66,397.64 卢比，包括利息和罚息，并可从被告资产中扣回。向回收官发出收回证书。
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
OA 425 of 2022
Registered on :25.08.2022
Decided on :10.08.2023
THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI ORIGINAL APPLICATION NO. 425 of 2022
)
STATE BANK OF INDIA
Having its Coroprorate Centre and Central ) Office at State Bank Bhavan, Madame Cama ) Road, Nariman Point, Mumbai 400 021, and ) Having one of its branch known as Stressed ) Assets Recovery Branch, The International, 6th ) Floor, 16, Maharshi Karve Road, Churchgate, ) Mumbai 400 020. )
) ) ) ) ) … APPLICANT
VERSUS
1. MR. RUSHABH AMEET SHAH ) Having addresses at ) i. Flat No. 1201, 12th Floor, Orchid ) Residences, Plot No. B- 51, Link ) Road, Andheri (W), Mumbai 400 051) ii. Flat No. 502, Shraddhasuman, N. ) S. Road, Road No. 6, Plot No. 37, ) JVPD Scheme, Vile Parle (W), ) Mumbai- 400 056 ) iii. Office Address: Larsen & Toubro Infotech Ltd., ) L & T Technology Centre, Gate ) No. 5, Saki Vihar Road, Powai ) Mumbai- 400 072. ) 2. MR. AMEET BABUBHAI SHAH ) Having address at: i. Flat No. 1201, 12th Floor, Orchid ) Residences, Plot No. B- 51, Link ) Road, Andheri (W), Mumbai 400 051) ii. Flat No. 502, Shraddhasuman, N. ) S. Road, Road No. 6, Plot No. 37, )
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OA 425 of 2022
Counsel for the Applicant: Adv. Raju Uttam a/w Tamil
Shinde Laxman
Counsel for the Defendant: Ex -parte
J U D G M E N T
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OA 425 of 2022
request of Defendant nos. 1 & 2 and has sanctioned Home Loan for a sum of Rs.2,55,00,000/- (Rupees Two Crore Fifty Five Lakhs only) vide sanction Arrangement Letter dated 30.04.2018 on the terms and conditions which were duly agreed and accepted by Defendants. The housing loan was repayable in 360 EMI’s, each of Rs. 1,95,171/(Rupees One Lakh Ninety Five Thousand One Hundred and Seventy One Only).
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OA 425 of 2022
at Land CTS no. 666, Village Oshiwara Andheri (west), Mumbai - 400053, admeasuring 651.22 Sq. ft with the Applicant. The Defendant No. 1 & 2 have executed the Confirmation Letter (EM of Borrowers Property) dated 30.04.2018. The Defendant No.1 & 2 also executed undertaking dated 30.04.2018.
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OA 425 of 2022
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OA 425 of 2022
the Defendants to pay the outstanding dues but they failed to pay the dues. Further, the Applicant issued Legal Notice dated 20.11.2021 and called upon the Defendants to pay the dues of the bank but the Defendants failed to make the payment of the outstanding dues. Hence, the present OA has been filed.
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OA 425 of 2022
O R D E R
File be consigned to record.
Sd/-
Place: Mumbai (Dr. Rekha G. Dhakar) Date :10.08.2023 Presiding Officer, DRT-1, Mumbai.
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2 issues framed by the court
Whether the applicant bank is entitled to recover the outstanding dues along with interest and penal interest.
Whether the impugned disposal of the title deeds and sale of the mortgaged property under SARFAESI Act validates the claim.
State Bank of India
Mr. Rushabh Ameet Shah
Mr. Amheet Babubhai Shah
Dr. Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
