Allowed

Punjab National Bank v. Ram Avtar Pal and Ors.

DRT13 Oct 2025TA/3178/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the applicant bank's original application for recovery of dues arising from a defaulted housing loan. The defendants were absent, and the Tribunal proved the bank's documentary evidence unrebutted, directing payment with interest and recovery from mortgaged property.

What did the court decide?

Directed defendants to pay Rs.53,07,229/- with future interest and costs; directed recovery from sale of mortgaged Flat; directed issuance of recovery certificate.

Punjab National Bank versus Ram Avtar Pal and Ors. — Contract and Commercial Disputes | DRT (2025)

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T.A. No. 3178 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.3178 of 2022

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Punjab National Bank Circle Sastra Centre East Delhi, 1st floor, Commercial Shopping Complex Pocket-E, Mayur Vihar Phase II Delhi-110091 Applicant Versus 1. Sh.Ram Avtar Pal s/o Sh.Rambir Singh R/o R-12/56, Raj Nagar District Ghaziabad, UP-201002 Also at: Sh.Ram Avtar Pal s/o Sh.Rambir Singh R/o Flat No.D-471, Second Floor Govindpuram, Ghaziabad, UP-201013 2. Sh.Vijayant Jain s/o Vijay Kumar Jain (Guarantor) R/o C-10, Ramprastha, Ghaziabad Uttar Pradesh-201001 Defendants Present: Sh.Aditya Kumar Jha, Counsel for the applicant bank Date of Reserve: 26.09.2025 Date of Pronouncement: 13.10.2025 FINAL ORDER

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This original application has been filed by the applicant bank before DRT-II, Delhi on 23.11.2021 and then transferred to DRT-I Delhi through Sh.Surendra Singh, authorized

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T.A. No. 3178 of 2022

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representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of Rs.53,07,229/- (Rupees Fifty Three Lacs Seven Thousand Two Hundred Twenty Nine only) as on 20.10.2021 alongwith pendentelite and future interest @8.50% per annum compounded with monthly rests from 21.10.2021 till the date of final realization with 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 Housing Loan facility for Rs.45,00,000/- (Rupees Forty Five Lacs only) on 25.03.2013 @10.25% interest per annum, repayable in 180 Equated Monthly Installments of Rs.49,048/- in order to purchase of Flat no. D-471, 2nd Floor, admeasuring 2400 sq.ft., Govindpuram, Ghaziabad, Uttar Pradesh as per Agreement to Sell dated 08.03.2013. The defendant no.2 stood as guarantor for the housing loan facility sanctioned by the applicant bank in favour of defendant no.1. The defendants also agreed to pay penal interest @2% per annum in case of default or delay in payment.

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In order to avail the housing loan facility, the defendants submitted loan application and executed Agreement of Housing Loan, Power of Attorney, Declaration, Letter of option of Floating/Fixed rate of Interest, Agreement of Guarantee all dated 25.03.2013 in favour of the applicant bank.

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That in order to secure the housing loan facility, the defendants created equitable mortgage of Flat No.D-471, Second Floor, having super area measuring 2400 sq. ft. situated at Govindpuram, Ghaziabad, Uttar Pradesh with the applicant bank on 17.06.2013 by depositing Sale Deed No.5338

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T.A. No. 3178 of 2022

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dated 11.04.2013 registered with S.R.II, Ghaziabad, UP which was duly acknowledged by applicant bank vide letter dated 19.06.2013.

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The defendant no.1 acknowledged the debt and executed Balance and Security Confirmation Letters dated 08.10.2015 for Rs.43,43,458/-, 14.08.2018 for Rs.39,90,573/and again on 04.01.2020 for Rs.45,17,284/- towards the applicant bank.

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It has been submitted by the applicant bank that after availing the loan facility, the defendants failed to comply with the terms and conditions of sanction and failed to deposit regular EMIs in the account and failed to regularize the account with the applicant bank despite various reminders/letters issued and personal visits of officials between 02.12.2014 and 16.04.2021. Ultimately, the applicant bank classified the account as NPA on 30.11.2020 as per RBI guidelines and issued a loan recall notice dated 16.04.2021 but the defendants neglected the same and hence the applicant bank has approached this Tribunal for recovery of their 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 19.05.2025, the defendants have been proceeded ex-parte as they have not appeared before the Tribunal and even written statement, evidence and affidavit of assets have not been filed by the defendant.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Surendra Singh, authorized

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T.A. No. 3178 of 2022

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representative of the applicant bank who has proved the documents as General Power of Attorney, Loan Application, Sanction Letter, Agreement for Housing Loan, Power of Attorney, Declaration, Letter of Option of Rate of Interest, Agreement of Guarantee, Copy of Title Deed, Agreement to Sell, Original Valuation Report, Balance and Security Confirmation Letters, Letters/Reminders, Recall Notice, Statement of Account duly Certified under Banker's Book Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/20.

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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 approved.

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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.53,07,229/- (Rupees Fifty Three Lacs Seven Thousand Two hundred Twenty Nine only) as on 20.10.2021 together with pendentelite and future interest @8.25% per annum with monthly rests from 21.10.2021 till the date of realization and costs; failing which the amount shall be 5d

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T.A. No. 3178 of 2022

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recovered from sale of mortgaged Flat No.D-471, Second Floor, having super area measuring 2400 sq. ft. situated at Govindpuram, Ghaziabad, Uttar Pradesh.

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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 the Recovery Officer, DRT I, Delhi on 11.12.2025.

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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: 13.10.2025

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Punjab National Bank v. Ram Avtar Pal and Ors.

Case brief

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Punjab National Bank v. Ram Avtar Pal and Ors.

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