Allowed

State Bank of India v. Sh.Yatender Singh

DRT2 Jul 2025OA/220/2023

Case brief

AI extract

What is this about?

Debt Recovery Tribunal allowed the original application filed by State Bank of India for recovery of Rs.83.09 lakhs plus interest and costs against two joint and several liable defendants who defaulted on a housing loan, disallowing no contest to the plaintiff's forged case.

What did the court decide?

Directing respondents to pay Rs.83,09,995/- with interest and costs within 30 days, subject to recovery from sale of mortgaged and other properties if not paid.

State Bank of India versus Sh.Yatender Singh — Contract and Commercial Disputes | DRT (2025)

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O.A. No.220 of 2023

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Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

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Presiding Officer: Shri Govind Ballabh Sharma

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O.A. No. 220 of 2023

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State Bank of India SARB-II Branch SBI House, Fourth floor, 18/4, Arya Samaj Road, Karol Bagh New Delhi-110005 Applicant

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Versus

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Sh. Yatender Singh s/o Virendra Singh F-1505, Skytech Mat Rott

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Sector-76, Noida Dist. Gautam Buddha Nagar, UP-201301

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Also at: House no.11/21, Pocket-12 Sector-82, P.S. Phase II, Noida Dist. Gautam Buddha Nagar, UP-201301

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Also at: C/o ORG Central Hospital & Research Centre Ltd. 69, Sector 20-A, Near Neelam Chowk Ajronda Chowk, Faridabad, Haryana-121001

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M/s DSS Buildtech Pvt. Limited Through its Chairman/Directors/Authorized Signatory 506, 5th Floor, Time Square Building B-Block, Sushant Lok Phase-I, Gurgaon, Haryana-122009 Defendants

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Present: Sh.S.K.Tyagi, Counsel for the applicant bank Date of Institution: 04.01.2023 Date of Pronouncement: 02.07.2025

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O.A. No.220 of 2023

FINAL ORDER

This original application has been filed by the applicant bank on 04.01.2023 through Shri Harish Kumar Sablok, authorized representative of the applicant bank under Section 19 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 against the defendants for recovery of a sum of Rs.83,09,995/- (Rupees Eighty Three Lacs Nine Thousand Nine Hundred Ninety Five only) as on 13.12.2022 along with pendentelite and future interest @9.40% per annum with monthly rests from the date of filing this application till the date of its realization and costs.

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The brief facts of the case are that on the request of the defendant no.1 vide loan application dated 05.12.2019, the applicant bank sanctioned Housing Loan of Rs.80,00,000/(Rupees Eighty Lacs only) on 15.01.2020 under Bank's housing loan scheme to be repaid in 300 Equated Monthly Installments of Rs.63,344/- for purchase of under construction Flat No.406, 4th floor, Tower E, The Melia, Carpet area 1181 sq. ft., Sector35, Sohna Road, Gurgaon, Haryana @8.30% interest per annum with monthly rests on the basis of allotment letter dated 03.12.2019 and Agreement for Sale dated 10.12.2019. The defendant no.1 also agreed to pay penal interest @2% in case of default or delay.

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That in order to avail the housing loan facility, the defendant no.1 submitted Loan Application along with payment receipts dated 02.12.2019 for Rs.4.00 lacs, 08.01.2020 for Rs.6.00 lacs, Rs.5.00 lacs, Rs.8.50 lacs and Rs.5.50 lacs and executed Memorandum of Loan Agreement, Agreement to Mortgage, Affidavit, Operations Letter, Deed of Undertaking,

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O.A. No.220 of 2023

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Consent for disclosure of information on 15.01.2020. In addition, the defendant no.1 and 2 executed Tripartite Agreement dated 09.01.2020 with the applicant bank. The defendant no.2 issued NOC for mortgage dated 09.01.2020 in favour of defendant no.1.

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That in order to secure the loan facilities, the defendant no.1 created equitable mortgage of the under construction property being Freehold Flat no.406, 4th floor, Tower E, The Melia, Carpet Area 1181 sq. ft., Sector-35, Sohna Road, Gurgaon, Haryana (subject property) with the applicant bank duly registered with CERSAI on 28.04.2020.

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As per Tripartite Agreement dated 09.01.2020 executed by defendants with applicant bank, it was agreed that in the event of cancellation of the allotment by defendant no.2, it shall refund to the applicant bank forthwith the entire amount received on behalf of defendant no.1 to the applicant bank. It was agreed that non-completion of project shall not affect the liability of defendant no.1 towards the applicant bank.

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It has been submitted by the applicant bank that after availing the aforesaid loan facilities, the defendant no.1 failed to maintain financial discipline and comply with the terms and conditions of loan despite several requests and reminders and defaulted in payment of monthly installments in time to the applicant bank. Ultimately, the applicant bank classified the account as NPA on 01.06.2022 and issued various letters and reminders between 21.03.2020 to 07.07.2022 to clear the dues but defendants neglected to return the amounts as per agreements, hence the applicant bank has approached this Tribunal for recovery of their dues. The applicant bank issued

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O.A. No.220 of 2023

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legal notice dated 09.06.2022 to the defendants to clear the dues but both failed to do so.

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Notices of this O.A. were issued to the defendants and despite proper service the defendants have chosen to absent from the proceedings. As per order dated 12.03.2025, defendants have been proceeded ex-parte as they have not appeared before the Tribunal nor written statement, evidence and affidavit of assets have been filed.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Harish Kumar Sablok, authorized representative of the applicant bank who has proved the documents as Gazette Notification Ex.AW-1/1, Loan application dated 05.12.2019 alongwith copies of PAN and Aadhar Card Ex.AW-1/2(Colly), Sanction Letter Ex.AW-1/3, Letter of Acknowledgement Ex.AW-1/4, Memorandum of Loan Agreement for Home Loan Ex.AW-1/5, Agreement to mortgage Ex.AW-1/6, Affidavit Ex.AW-1/7(Colly), Operations letter Ex.AW-1/8, Deed of Undertaking Ex.AW-1/9, Undertaking Ex.AW-1/10, Consent for disclosure of information Ex.AW1/11, Allotment letter along with Covering Letter Ex.AW1/12(Colly), Agreement for Sale Ex.AW-1/13, Payment Request Letter with payment receipts Ex.AW-1/14(Colly), Permission for Mortgage Ex.AW-1/15, Tripartite Agreement Ex.AW-1/16, Security Interest Acknowledgement Report Ex.AW-1/17, Reminders and Letters Ex.AW-1/18(Colly), Visiting documents Ex.AW-1/19, Statement of Account Ex.AW-1/20, Legal notice along with postal receipts Ex.AW-1/21(Colly), Letter dated 02.12.2022 Ex.AW-1/22.

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The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the

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O.A. No.220 of 2023

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applicant bank is based on the documents and the same have been duly proved.

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The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

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In the light of the above discussions, the Original Application deserves to be allowed.

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ORDER

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I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within a period of 30 days, a sum of Rs.83,09,995/- (Rupees Eighty Three Lacs Nine Thousand Nine Hundred Ninety Five only) along with pendentelite and future interest @9.40% per annum with monthly rests from 13.12.2022 till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of mortgaged property being Freehold Flat no.406, 4th floor, Tower E, The Melia, Carpet Area 1181 sq. ft., Sector-35, Sohna Road, Gurgaon, Haryana. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

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(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

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(III) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 01.09.2025.

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O.A. No.220 of 2023

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(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 02.07.2025

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State Bank of India v. Sh.Yatender Singh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sh.Yatender Singh

Case brief

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