Allowed

State Bank of India v. Nirupma Trehan Pati and Anr.

DRT1 Oct 2025TA/3285/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's original application for recovery of dues. Following an ex-parte proceeding due to respondent absence, it directed respondents to pay the outstanding loan amount, future interest, and costs within 30 days, with a recovery certificate issued for enforcement against their properties.

What did the court decide?

Directed defendants to pay Rs.32,45,766 plus interest @9.70% p.a. and costs within 30 days; recovery certificate issued to Recovery Officer.

State Bank of India versus Nirupma Trehan Pati and Anr. — Banking and Recovery | DRT (2025)

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T.A. No.3285 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. 3285 of 2022

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State Bank of India Stressed Assets Recovery Cell RACPC, Karkardooma, Agarwal Fun City Mall First floor, CBD, Shandara, Delhi-110032 Applicant

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Versus

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1. Mrs. Nirupma Trehan Pati w/o Sh. Prop. Uttam Pati R/o 113, Uttarakhand JNU„ New Delhi-110067

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Also at: Mrs. Nirupma Trehan Pati Employee no.0047 Department of Research Institute of Liver & Biliary Sciences DI, Vasant Kunj, New Delhi

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2. M/s Kaveri Sehkari Awas Samiti Ltd. Through its President 303, 3rd floor, Devika Tower Post Chander Nagar Distt. Ghaziabad, Uttar Pradesh

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Also at: Registered Office at: 25D, Dhawalgiri Apartment Main road, Salarpur Near Salarpur Police Chowki Phase II, Noida, UP Defendants

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Present: Sh. J.P. Gupta, Counsel for the applicant bank Date of Institution: 12.11.2020 Date of Pronouncement: 01.10.2025

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.5d

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T.A. No.3285 of 2022

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FINAL ORDER

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This original application has been filed by the applicant bank on 12.11.2020 before DRT II, Delhi and then transferred to DRT-I Delhi 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.32,45,766/- (Rupees Thirty Two Lacs Forty Five Thousand Seven Hundred Sixty Six only) as on 10.11.2020 along with pendentelite and future interest @7.70% per annum plus 2% penal interest from 11.11.2020 till the date of its realization and costs.

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2. The brief facts of the case are that on the request of the defendant no.1 vide loan application dated 15.09.2013, the applicant bank sanctioned Housing loan for Rs.30,00,000/(Rupees Thirty Lacs only) on 30.11.2013 @7.70% interest to be repayable in Equated Monthly Installments of Rs.29,902/for purchase of under construction Flat no.201, Type-3B, Tower Green, IRIDIA Village Illahbas, Sector-86, Noida, Uttar Pradesh. The defendant no.1 agreed to pay penal interest @2% penal interest in case of default or delay.

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3. That in order to avail the housing loan facility, the defendant no.1 submitted Loan Application along with original certificate of membership, Receipts, No Objection Letter, Allotment Letter dated 01.10.2013 and executed Memorandum of Term Loan Agreement, Agreement to Mortgage, Deed of Undertaking, Affidavit of Declaration and Indemnity, Consent Clause Letter, Standing Instructions and Operations letter — all dated 30.11.2013 with the applicant bank.

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T.A. No.3285 of 2022

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4. That in order to secure the loan facilities, the defendant no.2 marked created lien on the flat being constructed and undertaking to create equitable mortgage of the Flat in future with the applicant bank.

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5. As per Tripartite Agreement dated 30.11.2013 executed by defendants with applicant bank, it was agreed that in the event of failure on the part of defendant no.1, defendant no.2 shall pay the entire money so received by it to the applicant bank. The defendant no.2/builder had undertaken that on receipt of entire consideration amount, they shall execute proper sale deed/lease deed in name of the defendant no.1 and shall deliver the sale deed/lease deed directly to the applicant bank. As per agreement, the applicant bank shall have first lien over the flat being constructed and issued no objection for creating equitable mortgage.

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6. It has been submitted that after availing the aforesaid loan facility, the defendant no.1 failed to maintain financial discipline and comply with the terms and conditions of loan despite several requests and defaulted in payment of monthly installments in time to the applicant bank. Ultimately, the applicant bank classified the account as NPA on 31.05.2020 and issued legal notice dated 28.08.2020 to clear the dues but defendants neglected, hence, the applicant bank has approached this Tribunal for recovery of their dues.

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7. 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 20.11.2024, 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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Scif—

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T.A. No.3285 of 2022

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8. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Bishan Pal, authorized representative of the applicant bank who has proved the documents Gazette notification, Application Form, Certificate of Membership, Receipts, Acknowledgement Receipt, Letter of Allotment, No Objection Letter, Sanction Letter, Original Memorandum of Term Loan Agreement, Agreement to Mortgage, Deed of Undertaking, Affidavit of Declaration, Consent Clause letter, Standing Instruction, Operations letter, Confirmation Letter, Tripartite Agreement, Legal Notice^dated 28.08.2020, Postal Receipts, 3 Unserved Envelopes, Statement of Account and Calculation Sheet marked as Ex.AW-1/1 to Ex.AW-1/34.

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9. 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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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.

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11. 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.32,45,766/- (Rupees Thirty Two Lacs Forty Five

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T.A. No.3285 of 2022

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Thousand Seven Hundred Sixty Six only) along with pendentelite and future interest @9.70% per annum from the date of filing this application till its realization with costs, failing which the aforesaid amount shall be recovered from the sale of property being Flat no.201, Type-3B, Tower Green, IRIDIA Village Illahbas, Sector-86, Noida, 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 28.11.2025.

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(IV) Copies of final order as well as Recovery Certificate be

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sent to all concerned free of cost.

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sd-

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 01.10.2025

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State Bank of India v. Nirupma Trehan Pati and Anr.

Case brief

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State Bank of India v. Nirupma Trehan Pati and Anr.

Case brief

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