Allowed

Idbi Bank v. Hina Sanjay Gohil

DRT28 Feb 2024OA/300/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an original application filed by IDBI Bank Limited for recovery of a housing loan facility against two respondents. The court held the liability joint and several and directed immediate payment with interest, along with provisions for asset recovery.

What did the court decide?

Direct payment of Rs. 31,84,167.66 plus interest at 11.15% p.a.; non-attachment of assets; issuance of Recovery Certificate.

Idbi Bank versus Hina Sanjay Gohil — Contract and Commercial Disputes | DRT (2024)

¶1

O. A. No. 300 of 2022

¶2

Registered on : 07.07.2022 Decided on : 28.02.2024

¶3

IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI ORIGINAL APPLICATION NO. 300 of 2022

¶4

IDBI Bank Limited , (which has taken over IDBI Home Finance Ltd- IHFL) a body corporate established under the Industrial Development Bank of India Act, 1964 having its Registered Office at Chaturvedi Mansion, 2^nd Floor, 26/4 Old Palasiam, Agra – Mumbai Road, Indore – 452 001 amongst its other branches (erstwhile branches of IHFL) a Branch Office at Sapna Building, Ground Floor, Plot No. 850, S. K. Bole Road, Agar Bazar, Dadar (West) Mumbai – 400 028 and Retail Collection & Recovery Department, Mittal Court, 2^nd Floor, “C” wing, Nariman Point Mumbai – 400 021 through Asst. Manager Sandeep T.

¶5

VERSUS

¶6

...APPLICANT

¶7

1. MRS. HINA SANJAY GOHIL, A-301 Nilkanth Near Garden View, Off Mira Bhayander Road, Mira Road (E), Thane 401 107.

¶8

2. MR. SANJAY RAMNIKALAL GOHIL, - 301 Nilkanth Near Garden View, Off Mira Bhayander Road, Mira Road (E), Thane 401 107.

¶9

...DEFENDANTS

¶10

_____________________________________________ Counsel for the Applicant : Advocate Akansha H. i/b Adv. Rathina Marvaraman. Counsel for the Defendant : Already Ex-Parte

¶11

¶12

O. A. No. 300 of 2022

¶13

J U D G M E N T

¶14

The present OA has been filed by the Applicant for recovery of a sum of Rs. 31,84,167.66 (Rupees Thirty One Lakhs Eighty Four Thousand One Hundred Sixty Seven and Paise Sixty Six only) in respect of Housing Loan Facility sanctioned to the Defendants as per particular claim along with further interest at the rate of 11.15% p.a. from the date of filing of this application till the date of realization.

¶15

Facts as succinctly set out in the OA are that Defendant No.1 approached the Applicant Bank for sanctioning the Home Loan facility. The Applicant Bank sanctioned the said facility vide sanction letter dt.24.01.2007 for an amount of Rs.7,20,000/- with the terms and conditions contained therein.

¶16

It is stated that the Defendants have availed housing loan to purchase the Immovable property being the prime security for the loan sanctioned, and more particularly described in Annexure “A” in favour of the Applicant in which the Defendants have executed the Power of Attorney authorizing the Applicant Bank with depositing the Title deeds of the said property which is mentioned in Annexure “A” with the Bank.

¶17

In order to secure the aforesaid said Home Loan facility the Defendants the following document in favour of the Applicant Bank to secure the facility sanctioned to the Defendants.

¶18

a. Loan Application dt.14.11.2006.

¶19

b. Loan Agreement dt.27.07.2007.

¶20

c. Irrevocable Power of Attorney dt.27.01.2007.

¶21

¶22

O. A. No. 300 of 2022

¶23

d. Demand Promissory Notice dt.27.01.2007 along letter of continuing security to then DPN dt.27.01.2007.

¶24

e. Article Reference for loan.

¶25

However, after availing the said Home Loan Facility, the Defendants failed to adhere to the terms and conditions of the Sanction of aforesaid Credit Facility and neglected to make the payment to the Applicant bank. Therefore, the account was declared as NPA and further the Applicant issued the Legal Notice dt.24.08.2019 called upon the Defendant to make the payment of the outstanding dues but the Defendants failed to pay the dues. Hence, the present OA has been filed.

¶26

Notices were issued to the Defendants. Despite service, none appeared for the Defendants nor filed the WS thus, they were proceeded ex-parte on 19.01.2024.

¶27

The Applicant Bank has produced all the Original Loan documents and other relevant documents along with their Claim Affidavit filed on 22.09.2023 through the Asst. General Manager Pamreichon Shimrah.

¶28

I have heard the Ld. Counsel for the Applicant Bank and perused the record.

¶29

The witness of the Applicant Bank has fully corroborated the averments made in the OA, even otherwise the whole case of the Applicant Bank is based on documents and the witness has duly proved all these documents as against the Defendants. In my view there is no question of disbelieving the evidence led by the

¶30

¶31

O. A. No. 300 of 2022

¶32

Applicant Bank and the Applicant Bank has proved its case beyond reasonable doubt. The liability of Defendant No.1 & 2are joint and several.

¶33

In the light of above discussions, the Original Application deserves to be allowed against the Defendant No. 1 & 2 are jointly and severally.

¶34

O R D E R

¶35

(i) I allow the present OA and direct the Defendant No. 1 & 2 to pay to the Applicant Bank, jointly and severally, within a period of 60 days, a sum of Rs. 31,84,167.66 (Rupees Thirty One Lakhs Eighty Four Thousand One Hundred Sixty Seven and Paise Sixty Six only) along with further interest at the rate of 11.15% p.a. from the date of filing of the present OA till its realization.

¶36

(ii) Failing which the aforesaid amount shall be recovered from the sale of mortgage property and other personal moveable and immoveable assets of the Defendants.

¶37

(iii) Defendants is hereby directed not to deal with his properties till further direction of Ld. Recovery Officer.

¶38

(iv) Defendants shall also pay the cost and expenses of the OA.

¶39

(v) Recovery Certificate be issued forthwith and be sent to the Recovery Officer of this Tribunal.

¶40

Copy of this order be sent to the parties as per rules.

¶41

¶42

O. A. No. 300 of 2022

¶43

File be consigned to record.

¶44

Place: Mumbai. Date : 28.02.2024

¶45

(Dr. Rekha G. Dhakar) Presiding Officer, DRT-1, Mumbai

¶46

Idbi Bank v. Hina Sanjay Gohil

Case brief

What is this about?

What did the court decide?

Idbi Bank v. Hina Sanjay Gohil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Idbi Bank versus Minal

Uco Bank versus Suhail

Uco Bank versus Amyn

Niteen Parulekar Architects Private Limited versus State Bank of India

Salil Shashikant Telang and Anr. versus State Bank of India

Idbi Bank versus Raja Arvind Nair