Allowed

State Bank of India v. Mr. Praveen

DRT25 Nov 2025TA/1059/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an original application by State Bank of India for recovery of a housing loan amount of Rs.31,59,544/- along with interest and costs from the defaulting borrowers and the developer, directing issuance of a recovery certificate and sale of the mortgaged flat if necessary.

What did the court decide?

Order allowed OA directing respondents to pay Rs.31,59,544/- with interest within 30 days; recovery certificate issued for sale of mortgaged flat.

State Bank of India versus Mr. Praveen — Contract and Commercial Disputes | DRT (2025)

¶1

T.A. No. 1059 OF 2023

¶2

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

¶3

Presiding Officer: Shri Govind Ballabh Sharma

¶4

T.A. No. 1059 of 2023

¶5

tate Bank of India tressed Asset Recovery Branch, 3, Najafgarh Road ew Delhi-110015 Applicant ersus

¶6

Mr. Praveen s/o Ravi oom no.10, Doctor's Hostel afdarjung Hospital, New Delhi-110023
Iso at: r. Praveen s/o Ravi onsultation Room No.2 ports Injury Centre, Safdajung Hospital ew Delhi-110023
Iso at:
r. Praveen s/o Ravi -278, Kalyan Nagar erambalur, Tamil Nadu-611212
M/s Royal Global Earthcon Pvt. Ltd. ector-107, Bhiwadi, ajasthan-301707
Iso at: -211, Vasant Plaza Complex ear Subway Munirka ew Delhi-110067 Defendants
resent: Shri Pradeep Dhaka, Counsel for the applicant bank
Date of Reserve: 04.11.2025
Date of Pronouncement: 25.11.2025

¶7

c°(--

¶8

T.A. No. 1059 OF 2023

¶9

FINAL ORDER

¶10

This original application has been filed by the applicant ank before DRT-II, Delhi on 27.08.2021 and then transferred DRT-I Delhi through Shri Bishan Pal, authorized epresentative of the applicant bank under Section 19 of ecovery of Debts and Bankruptcy Act, 1993 against the efendants for recovery of a sum of Rs.31,59,544/- (Rupees hirty One Lacs Fifty Nine Thousand Five Hundred Forty Four only) which is inclusive of Rs.31,11,369/- in the home loan .ccount and Rs.48,175/- in the SBI Life Insurance Premium • an account alongwith pendentelite and future interest (J 7.10% per annum with monthly rests and @2% penal i terest from the date of filing of this application till realization ith costs. Further, the name of Mr. Krishna Lal Khatri has been substituted as new authorized representative in place of h.Bishan Pal, erstwhile authorized representative of the applicant bank.

¶11

The brief facts of the case are that on the request of the d fendant no.1, the applicant bank sanctioned Housing Loan • Rs.30,00,000/- (Rupees Thirty Lacs only) @8.40% interest I - r annum with monthly rests, which was repayable in Equated onthly Installment of Rs.26,669/- and additional loan of 's.46,410/- for SBI Life Insurance Premium loan on 31.08.2019 in order to purchase under construction Flat o.1010, 9th floor, Royal Leaf, Sector-107, Bhiwadi, Rajasthan b ing constructed / developed by defendant no.2.

¶12

3 That in order to avail the housing loan facility, the d fendant no.1 submitted Loan Application and executed Loan A rangement letter, Loan Agreement, Agreement to Mortgage, P rmission to Mortgage, Tripartite Agreement, Request Letter

¶13

T.A. No. 1059 OF 2023

¶14

nd Agreement for Additional Loan with the applicant bank on 1.08.2019.

¶15

That in order to secure the loan facilities, the defendant 0.1 created equitable mortgage of the property bearing 0.1010, 9th floor, Royal Leaf, Sector-107, Bhiwadi, Rajasthan n the basis of Permission to Mortgage issued by defendant 0.2 in favour of the applicant bank.

¶16

As per Tripartite Agreement dated 31.08.2019 executed

¶17

y defendants with applicant bank, it was agreed that in the vent of failure on the part of defendant no.1, defendant no.2 hall pay the entire money so received by it to the applicant ank. The defendant no.2 had undertaken that on receipt of ntire consideration amount, they shall execute proper sale eed / lease deed in name of the defendant no.1 and shall

¶18

•eliver the sale deed/lease deed directly to the applicant bank. s per agreement, the applicant bank shall have first lien over

¶19

t e flat being constructed and issued no objection for creating quitable mortgage.

¶20

It has been submitted by the applicant bank that after a ailing the aforesaid loan facility, the defendant no.1 failed to aintain financial discipline and comply with the terms and c•nditions of loan despite several requests and reminders and efaulted in payment of monthly installments in time to the applicant bank. Ultimately, the applicant bank classified the a count as NPA on 31.03.2021 as per RBI guidelines and issued I gal notice on 19.07.2021 to clear the dues or cancel the b•oking of flat and refund the amount by defendants no.2 as p r agreement but defendants neglected, hence the applicant b nk has approached this Tribunal for recovery of their dues.

¶21

54-

¶22

T.A. No. 1059 OF 2023

¶23

Notices of this O.A. were issued to the defendants and U espite proper service the defendants have chosen to absent rom the proceedings. As per order dated 28.04.2025, the 0 efendants have been proceeded ex-parte as they have not ppeared before the Tribunal nor written statement, evidence nd affidavit of assets have been filed.

¶24

^� In order to prove its case, the applicant bank has filed its vidence by way of affidavit of Shri Bishan Pal, authorized

¶25

epresentative of the applicant bank who has proved the ocuments as Gazette Notification, Loan Application, rrangement Letter, Agreement for Home Loan, Request

¶26

etter, Agreement for Additional Loan, Agreement to Mortgage, ermission to Mortgage, Allotment Letter, Flat Buyer greement, Demand Notice, Original Postal Receipts, tatement of Account marked as Ex.PW-1/1 to Ex.PW-1/15.

¶27

The applicant bank has fully corroborated the averments

¶28

ade in the O.A. Even otherwise the whole case of the

¶29

pplicant bank is based on the documents and the same have een duly proved.

¶30

The case filed by the applicant bank gone unrebutted and

¶31

t ere is no question of disbelieving the case of the applicant •ank and the applicant bank has proved its case beyond r asonable doubts.

¶32

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

¶33

ORDER

¶34

I, allow this OA and direct the defendants to pay to the

¶35

applicant bank, jointly or severally, within a period of 30 days,

¶36

set

¶37

T.A. No. 1059 OF 2023

¶38

sum of Rs.31,59,544/- (Rupees Thirty One Lacs Fifty Nine housand Five Hundred Forty Four only) along with endentelite and future interest @9.10% per annum with onthly rests from the date of filing this application till its ealization with costs, failing which the aforesaid amount shall •e recovered from the sale of mortgaged Flat bearing No.1010, to floor, Royal Leaf, Sector-107, Bhiwadi, Rajasthan. In case f shortfall, the same shall be recovered from the sale of ovable and immovable properties of the defendants.

¶39

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

¶40

II) Parties are directed to appear before Recovery Officer, RT I, Delhi on 27.01.2026.

¶41

V) Copies of final order as well as Recovery Certificate be

¶42

s nt to all concerned free of cost.

¶43

5d _ (GOVIND BALLABH ShARMA) PRESIDING OFFICER DRT-I, DELHI ictated and pronounced in open court) ated: 25.11.2025

State Bank of India v. Mr. Praveen

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mr. Praveen

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

Basil Co. versus Kerala Gramin Bank

Uco Bank versus Sh. Bachchan Kumar Singh

Kotak Mahindra Bank Limited versus Bhagwant Singh

Indu Kumari Pandey versus Union Bank of India

Bank of Baroda versus M/S K. K. Enterprises

Central Bank of India versus M/S Modern Canvas India