The Debt Recovery Tribunal allowed the original application filed by State Bank of India, directing respondents to pay the outstanding loan amount with interest and costs, alternatively recoverable through sale of mortgaged properties.
Recovery certificate issued directing payment of Rs. 34,15,588 with interest; recovery via sale of mortgaged property if default.
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.
T.A. No.2724 of 2022
Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharna
T.A. No. 2724 of 2022
State Bank of India
Stressed Asset Recovery Branch-I First Floor, 23, Najafgarh Road New Delhi-110015
Applicant
Versus
1.Mr. Daljit Singh s/o Mr. Balbir Singh B-128. Azad Nagar, Srihind Road Patiala, Punjab-147001
Also at:
Reliance SMSL Ltd. SCO-123. 1st Floor, URBD Estate Phase-2, Near Gopal Sweets Patiala, Punjab-147002
Also at:
D-21, First Floor, RDC Raj Nagar, Ghaziabad, U.P
Also at:
Raj Nagar Extension (6 lane) Near G.D. Goenka School NH-58, Ghaziabad, Uttar Pradesh
3.M/s R.K.S. Buildcon India Pvt.Ltd. 220, Gram Burari, Defendants Delhi-110084
Present: Shri Pradeep Dhaka, Counsel for the applicant bank
T.A. No.2724 of 2022
Date of Institution: 12.01.2022
Date of Pronouncement: 19.04.2025
FINAL ORDER
This original application has been filed by the applicant bank before DRT-II, Delhi on 12.01.2022 and then transferred to DRT-I Delhi through Shri Sharat Jain, 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.34,15,588/- (Rupees Thirty Four Lacs Fifteen Thousand Five Hundred Eighty Eight only) as on 08.12.2021 along with pendentelite and future interest @7.40% per annum with monthly rests plus @2% penal interest from the date of filing this application till the date of its realization and costs. Further, the name of Sh.Vinay Kumar was substituted as authorized representative in place of Sh.Sharat Jain, erstwhile AR for the applicant bank.
T.A. No.2724 of 2022
Agreement, Agreement to Mortgage, No Objection to Mortgage, Affidavit all dated 02.08.2019 in favour of applicant bank. In addition, the defendant no.2 and 3 executed Tripartite Agreement dated 02.08.2019 with the applicant bank.
T.A. No.2724 of 2022
agreement but defendants neglected, hence the applicant bank has approached this Tribunal for recovery of their dues.
Notices of this O.A. were issued to the defendants and 7. despite proper service the defendants have chosen to absent from the proceedings. As per order dated 08.10.2024, defendant no.1 proceeded ex-parte and vide order dated 01.04.2025, defendant no.2 and 3 have been proceeded exparte as they have not appeared before the Tribunal nor written statement, evidence and affidavit of assets have been filed.
10.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. - .>of
4
T.A. No.2724 of 2022
ORDER
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.34,15,588/- (Rupees Thirty Four Lacs Fifteen Thousand Five Hundred Eighty Eight only) along with pendentelite and future interest @9.40% per annum with monthly rests from the date of filing this application till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of mortgaged property bearing No.R-1006, 10th Floor, Tower-R, Nitya Homes, Officer City, Raj Nagar Extension, NH-58, Ghaziabad, Uttar Pradesh. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.
The recovery certificate be issued forthwith and be sent (II) to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.
(III)Parties are directed to appear before Recovery Officer, DRT I, Delhi on 18.06.2025.
(IV)Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.
(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI
(Dictated and pronounced in open court) Dated: 19.04.2025
1 issue framed by the court
Whether the applicant bank is entitled to recover the dues from the defendants including interest and costs?
1 provisions across 1 enactments
State Bank of India
Mr. Daljit Singh s/o Mr. Balbir Singh
M/s Nitya Realtech Pvt. Ltd.
M/s R.K.S. Buildcon India Pvt.Ltd.
Govind Ballabh Sharna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
