Allowed

State Bank of India v. Praveen

DRT19 Nov 2025TA/24/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an Original Application filed by State Bank of India against borrowers for recovery of housing loan dues. The bank proved its case through documents while respondents were absent; the court directed joint and several payment with interest.

What did the court decide?

Direct order to defendants to pay Rs. 32,11,953/- plus interest within 30 days jointly and severally, recoverable from mortgaged property.

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

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T.A. No.24 of 2024

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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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T.A. No. 24 of 2024

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State Bank of India

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RACPC, Karkardooma Agarwal Fun City Mall First floor, CBD Shandara Delhi-110032 Applicant

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Versus

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Sh. Praveen s/o Ravi Room no.10, Doctor's Hostel Safdarjung Hospital, New Delhi-110023

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Also at:

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Sh. Praveen s/o Ravi Consultation Room no.2

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Sports Injury Centre, Safdarjung Hospital New Delhi-110023

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Also at:

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Sh. Praveen s/o Ravi E-278, Kalyan Nagar Perambalur

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Tamil Nadu-611212

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M/s Royal Global Earthcon Pvt. Ltd. Sector-107, Bhiwadi Rajasthan-301707

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Also at:

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M/s Royal Global Earthcon Pvt. Ltd. D-211, Vasant Plaza Complex Near Subway, Munirka New Delhi-110067 Defendants

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Present: Mr. Pradeep Dhaka, Counsel for the applicant bank

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Date of Reserve: 31.10.2025

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Date of Pronouncement: 19.11.2025

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T.A. No.24 of 2024

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FINAL ORDER

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This original application has been filed by the applicant bank on 25.08.2021 through Shri Bishan Pal, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.32,11,953/- (Rupees Thirty Two Lacs Eleven Thousand Nine Hundred Fifty Three only) as on 19.07.2021 along with pendentelite and future interest ©7.10 % per annum with monthly rests pus 2% penal interest from the 19.07.2021 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, the applicant bank sanctioned Home loan for Rs.30,00,000/- and an additional loan of Rs.80,428/- for SBI Life Insurance Premium on 31.08.2019 ©8.40% interest per annum with monthly rests, which was to be repayable in Equated Monthly Installment of Rs.23,129/- each, for purchase of under construction Flat bearing No.908, 8th floor, Royal Leaf, Sector-107, Bhiwadi Rajasthan to be constructed by defendant no.2.

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That in order to avail the housing loan facility, the defendant no.1 submitted Loan Application and executed Loan Arrangement Letter, Loan Agreement, Agreement to Mortgage, Permission to Mortgage by defendant no.2, Request Letter and Agreement for Additional loan in favour of applicant bank on 31.08.2019. The defendants executed Tripartite Agreement dated 31.08.2019 with the applicant bank.

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T.A. No.24 of 2024

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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 Flat no.908, 8th floor, Royal Leaf, Sector-107, Bhiwadi Rajasthan with the applicant bank on 31.08.2019 as per permission to mortgage and NOC issued by defendant no.2.

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As per Tripartite Agreement dated 31.08.2019 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 defendants failed to maintain financial discipline as per sanction terms 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 31.03.2021 and issued legal notice dated 19.07.2021 to the defendants to clear the dues but defendants 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 03.04.2024, 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 Bishan Pal, authorized

T.A. No.24 of 2024

representative of the applicant bank who has proved the documents such as Gazette Notification, Loan Application, Arrangement Letter, Agreement for Home Loan, Request Letter, Agreement for Additional Loan, Agreement to Mortgage, Permission to Mortgage, Allotment Letter, Flat Buyer Agreement, Tripartite Agreement, Demand Notice and Postal Receipts, Statement of Accounts marked as Ex.PW-1/1/ to Ex.PW-1/15.

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The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the 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.32,11,953/- (Rupees Thirty Two Lacs Eleven Thousand Nine Hundred Fifty Three only) along with pendentelite and future interest @9.10% per annum with monthly rests from the date of filing of this application till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of mortgaged property being Flat no.908, 8th Floor, Royal Leaf, Sector-107, Bhiwadi, Rajasthan.

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Sd -

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T.A. No.24 of 2024

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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 16.01.2026.

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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: 19.11.2025

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State Bank of India v. Praveen

Case brief

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State Bank of India v. Praveen

Case brief

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