The DRT allowed the bank's original application for recovery of housing loan dues. The court noted the defendants were absent and proceeded ex-parte, finding the bank's case well-proven. Orders for payment and sale of mortgaged property were issued.
Direct recovery of Rs.32,38,175/- with interest; order for sale of mortgaged flat.
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T.A. No.3247 OF 2022
Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma
T.A. No. 3247 of 2022
Union Bank of India (e-Corporation Bank) Deep Memorial Public School Block-A, Ramprastha, Applicant Ghaziabad, UP-201011 Versus 1.Mr. Ashutosh Garg s/o Sh. Vinod Kumar Garg 2. Mrs. Tanuja Garg w/o Mr. Ashutosh Garg Both at: 7/531, Second Floor Church Road, Jwala Nagar Shandara, Delhi-110032 Also at: House no.487, Top Floor Bhola Nath Nagar Shandara, Delhi-110032 3.M/s Elegant Infracon Pvt. Ltd. Through its Director/ Authorized signatory Off: 177, First Floor, Hargovind Enclave Delhi-110092 Also at: Plot No.GH-06B, Techzone-IV Greater Noida West Defendants G.B. Nagar, Uttar Pradesh Present: Shri Navin K Thakur, Counsel for the applicant bank Date of Institution: 13.09.2019 Date of Pronouncement: 19.04.2025
T.A. No.3247 OF 2022
FINAL ORDER
This original application has been filed by the applicant bank on before DRT-II, Delhi on 13.09.2019 and then transferred to DRT-I Delhi through Shri Sujit S Tariwal, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 Read with Rule 8 of the Debt Recovery Tribunal (Procedure) Rules 1993 against the defendants for recovery of Rs.32,38,175/- (Rupees Thirty Two Lacs Thirty Eight Thousand one Hundred Seventy Five only) as on 31.08.2019 along with pendentelite and future interest @12.25% per annum with monthly rests from 01.09.2019 till the date of its realization and costs. Further, the name of Sh.Arun Kumar Pandey was substituted as authorized representative in place of Shri Sujit S Tariwal, erstwhile AR for the applicant bank.
T.A. No.3247 OF 2022
Disbursal of Loan Amount and ,Tripartite Agreement dated 06.03.2014 on 27.03.2014 with the applicant bank.
T.A. No.3247 OF 2022
defendants neglected to return the amounts as per agreements, hence the applicant bank has approached this Tribunal for recovery of their dues.
Notices of this O.A. were issued to the defenda.nts and 7. despite proper service the defendants have chosen to absent from the proceedings. As per order dated 24.11.2023, 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.
T.A. No.3247 OF 2022
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.
11.In the light of the above discussions, the Original Application deserves to be allowed.
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.32,38,175/- (Rupees Thirty Two Lacs Thirty Eight Thousand One Hundred Seventy Five only) along with pendentelite and future interest @12.25% per annin 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 flat bearing Number C-905, 9th Floor, Tower/Block-C, Type-II, admeasuring 1025 sq.ft, Elegant Ville, Plot No.GH-06B, Sector-Techzone-IV, Greater Noida, District Gautam Budh Nagar, 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.
T.A. No.3247 OF 2022
(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
(Dictated and pronounced in open court) Dated: 19.04.2025
2 issues framed by the court
Whether the debtor failed to comply with the terms of the housing loan agreement?
Whether the applicant bank is entitled to recovery of dues and interest?
2 provisions across 2 enactments
Union Bank of India
Mr. Ashutosh Garg
Mrs. Tanuja Garg
M/s Elegant Infracon Pvt. Ltd.
Shri Govind Ballabh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
