Allowed

Punjab National Bank v. Ms. Ruchi Dawar

DRT21 May 2025TA/2954/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an ex-parte Original Application filed by a bank for recovery of housing loan dues of Rs.63 lakhs plus interest. The court directed payment within 30 days and issuance of a recovery certificate for sale of mortgaged property if unpaid.

What did the court decide?

Defendants directed to pay Rs.63,51,336.70 with interest within 30 days; recovery certificate to be issued for sale of mortgaged property.

Punjab National Bank versus Ms. Ruchi Dawar — Contract and Commercial Disputes | DRT (2025)

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T.A. No.2954 of 2022

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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. 2954 of 2022

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Punjab National Bank Circle Sastra Centre

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East Delhi, CSC, Pocket-E

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Mayur Vihar Phase-II, Delhi-110091

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Applicant

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Versus

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1.^{Ms. Ruchi Dawar d/o Sh.Suneel Dawar}

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A-13/34, DLF Phase-1 Gurugram-122002, Haryana

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Also at:

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C-788, New Friends Colony New Delhi-110065

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Also at:

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Viva 'D' Mohit International

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W-7/2, DLF Phase III Gurugrm-122010, Haryana

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Also at:

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E-228, Sushant Lok Phase-I, Gurugram-122001, Haryana

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Sh. Mohit Kumar Arora s/o Sh.Mukesh Kumar Arora A-13/34, DLF Phase-1 Gurugram-122002, Haryana

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Also at:

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S-6/18, DLF Phase-III Gurugram-122001, Haryana

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Also at:

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Viva 'D' Mohit International W-7/2, DLF Phase III Gurugrm-122010, Haryana

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Also at:

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228,^{Sushant Lok Phase-I,} Guru gram-122001, Haryana

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T.A. No.2954 of 2022

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Smt. Amita Arora d/o Sh. Kailash Mayor A-13/34, DLF Phase-1 Gurugram-122002, Haryana

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Also at: S-6/18, DLF Phase-III Gurugram-122001, Haryana

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Also at:

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Viva 'D' Mohit International W-7/2, DLF Phase III Gurugrm-122010, Haryana

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Also at:

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E-228, Sushant Lok Phase-I Gurugram-122001, Haryana

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Defendants

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Present: Shri S.S.Lingwal, Counsel for the applicant bank

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Date of Institution: 10.11.2021 Date of Pronouncement: 21.05.2025

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FINAL ORDER

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This original application has been filed by the applicant bank on 10.11.2021 before DRT-III, Delhi and then transferred to DRT-I Delhi through Shri Akhouri Binay, 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.63,51,336.70/- (Rupees Sixty Three Lacs Fifty One Thousand Three Hundred Thirty Six and Paisa Seventy only) as on 05.09.2021 along with pendentelite and future interest ©7.05% per annum with monthly rests plus @2% penal interest from 06.09.2021 till the date of its realization and costs.

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T.A. No.2954 of 2022

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The brief facts of the case are that on the request of the defendant no.1 as applicant and defendant no.2 and 3 being co-applicants, the applicant bank sanctioned Housing Loan of Rs.56,80,000/- (Rupees Fifty Six Lacs Eighty Thousand only) @8.20% interest per annum with monthly rests to be repayable in 360 Equated Monthly Installments of Rs.42,472/- each in order to purchase two Flats No.001 & 101, Plot No. F-506, Pocket-F, Type-G, Shouryapuram, Shahpur Bhameta, NH-24, Ghaziabad-201001. The defendants also agreed to paiy @2% penal interest in case of default in repayment in repayment.

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That in order to avail the said housing loan facility, the defendants submitted Housing Loan Application and executed Agreement for Housing Loan, Master Agreement dated 06.11.2019 in favour of the applicant bank.

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That in order to secure the loan facility, the defendant no.1 & 2 purchased the property and created equitable mortgage of property being Flats No.001 & 101, out of Plot No. F-506, Pocket-F, Type-G, Shouryapuram, Shahpur Bhameta, NH-24, Ghaziabad-201001, Uttar Pradesh by depositing original Sale Deed being Document no.8812 on 25.11.2019 and confirmed vide Letter of Intent / Deposit on 16.12.20=9 with the applicant bank.

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It has been submitted by the applicant bank that after availing the aforesaid loan facility, the defendants 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. The Defendant no.2 issued cheque no.00420 dated 11.02.2021 towards repayment of instalment but

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T.A. No.2954 of 2022

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dishonored. Ultimately, the applicant bank classified the account as NPA on 31.03.2021 and issued recall notice dated 03.04.2021 to clew the dues but defendants failed to regularize the account, hence the applicant bank has approached this Tribunal for recovery of their dues.

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Notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 dated 09.04.2021 was issued by the applicant bank to the defendants but they failed to clear the dues.

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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 14.17.2022, 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 Akhouri Binay, authorized representative of the applicant bank who has pro - fed the documents General Power of Attorney Ex.AW-1/1, Housing Loan Application Ex.AW-1/2, Sanction Letter Ex.AW-1/3, Agreement for Housing Loan Ex.AW-1/5, Master Agreement Ex.AW-1/6 (Colly), Acknowledgement Ex.AW-1/7 (Colly), Letters Ex.AW-1/8 (Colly), Notice Ex.AW-1/9, Recall Notice Ex.AW-1/10 & Ex.AW-1/11, Notice u/s 13(2) Ex.AW-1/12, Statement of Account Ex.AW-1/13 (Colly), Certified Statement under Bankers Books Evidence Act Ex.AW-1/14.

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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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T.A. No.2954 of 2022

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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.63,51,336.70/- (Rupees Sixty Three Lacs Fifty One Thousand Three Hundred Thirty Six and Paisa Seventy only) along with pendentelite and future interest @9.05% per annum with monthly rests from 06.09.2021 till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of mortgaged property being Flats No.001 & 101, out of Plot No. F-506, Pocket-F, Type-G, Shouryapuram, Shahpur Bhameta, NH-24, Ghaziabad-201001, Uttar Pradesh. 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 21.07.2025.

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T.A. No.2954 of 2022

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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: 21.05.2025

Punjab National Bank v. Ms. Ruchi Dawar

Case brief

What is this about?

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Punjab National Bank v. Ms. Ruchi Dawar

Case brief

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What did the court decide?

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