Allowed

Punjab National Bank v. Anup

DRT27 Jan 2026OA/335/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of dues against defaulting borrowers and guarantors. The court directed payment of principal, interest, and penal charges, failing which recovery shall be made from the sale of mortgaged properties.

What did the court decide?

Direct defendants to pay Rs. 30,83,925/- plus interest; issue recovery certificate for recovery from mortgaged flat and sale of properties.

Punjab National Bank versus Anup — Execution and Attachment | DRT (2026)

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O.A. No.335 of 2023

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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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O.A. No. 335 of 2023

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Punjab National Bank Circle Sastra Centre, East Delhi Pocket E, Mayur Vihar Phase II, Delhi-110091

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Applicant

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Versus

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Sh.Anup Mittal s/o Rajinder Kumar Mittal R/o 2/31, Block 2, Roop Nagar Delhi-110007

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Also at:

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1516/3687, Block B, Floor 10th Unit No.1006, Vihaan Heights Vrindavan Yojana, Raebareilly Road, Lucknow

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Deepali Gupta w/o Anil Mittal R/o 2/31, Block 2, Roop Nagar Delhi-110007

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Vihaan Heights Project of Vivek Infratech P.Ltd. Vrindavan Yojana, Raebareilly Road, 5, Saran Chambers-1, Park Road Hazratganj, Lucknow-226001

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Defendants

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Present: Shri G.P.S.Verma, Counsel for the applicant bank

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Date of Reserve: 09.01.2026

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Date of Pronouncement: 27.01.2026

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FINAL ORDER

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This original application has been filed by the applicant bank on 10.09.2020 through Shri Surendra Singh, authorized representative of the applicant bank under Section 19 of

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O.A. No.335 of 2023

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Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.30,83,925/- (Rupees Thirty Lacs Eighty Three Thousand Nine Hundred Twenty Five only) as on 28.02.2023 along with pendentelite and future interest @7.55% per annum with monthly rest plus ©2% penal interest from 01.03.2023 till the date of realization and costs.

¶22

The brief facts of the case are that at the request of defendant no.1, the applicant bank sanctioned Housing Loan of Rs.40.00 lacs (Rupees Forty Lacs Only) on 31.03.2016 to be repayable in 240 monthly installments of Rs.37,640/@7.55% interest per annum in order to purchase of construction linked residential Flat no.1516/3687, Block-B, Floor No.10, Unit No.1006, Vihaan Heights, Vrindavan Yojana, Raebareilly Road, Lucknow admsg 139.35 sq.metre being developed by defendant no.3, project of M/s Vivek Infratech Pvt.Ltd. on the basis of allotment letter dated 24.11.2015. The defendant no.2 stood as guarantor for the housing loan availed by defendant no.1.

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That in order to avail the housing loan facility, the defendant no.1 submitted housing loan application and executed Sanction Letter, Power of Attorney, Agreement for Housing Loan, Disbursal request and defendant no.2 executed Agreement of Guarantee on 31.03.2016. The defendants executed Tripartite Agreement dated 31.03.2016 with the applicant bank.

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In order to secure the housing loan facility, the defendants agreed to create equitable mortgage of Flat No. no.1516/3687, Block-B, Floor No.10, Unit No.1006, Vihaan Heights, Vrindavan Yojana, Raebareilly Road, Lucknow.

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O.A. No.335 of 2023

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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 despite default notice dated 12.04.2021 and 13.05.2021 to deposit overdue amount but they did not regularize the account nor repaid interest/installment to the applicant bank. Ultimately, the applicant bank declared the account as NPA on 02.10.2021 as per RBI guidelines and issued recall notice dated 12.08.2022 to the defendants but no response, hence the applicant bank has approached this Tribunal for recovery of their dues.

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Notices under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 was issued on 13.06.2021 and 19.08.2022 to the defendants by the applicant bank to liquidate the dues but defendants neglected.

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Then defendant no.1 acknowledged the liability towards applicant bank by executing Balance and Security Confirmation Letter dated 22.09.2021.

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Notices of this O.A. were issued to the defendants and despite of proper service the defendants have chosen to absent from the proceedings. As per order dated 27.09.2024, the defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets has been filed by the defendants.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Sh.Surendra Singh, authorized representative of the applicant bank who has proved the documents such as Power of Attorney Ex.AW-1/1, Loan Application with IDs Ex.AW-1/2(Colly), Builder-Buyer

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O.A. No.335 of 2023

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Agreement Ex.AW-1/3, Sanction Letter Ex.AW-1/4, Tripartite Agreement Ex.AW-1/5, Power of Attorney Ex.AW-1/6, Agreement for Housing Loan Ex.AW-1/7, Agreement of Guarantee Ex.AW-1/8, Payment Schedule Ex.AW-1/9(Colly), Receipts Ex.AW-1/10(Colly), Reminder/Notice/Email Ex.AW1/11(Colly), Notice u/s 13(2) Ex.AW-1/12(Colly), Acknowledgement of Liability Ex.AW-1/13, Statement, of Account Ex.AW-1/14, Certificate u/s 65B of Indian Evidence Act Ex.AW-1/15 and Certificate under Section 2A of Bankers' Books of Evidence Act Ex.AW-1/16.

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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 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 within a period of 30 days, jointly or severally, a sum of Rs.30,83,925/- (Rupees Thirty Lacs Eighty Three Thousand Nine Hundred Twenty Five only) as on 28.02.2023 along with pendentelite and future interest @7.55% per annum from 01.03.2023 till the date of realization, failing which the

co(

O.A. No.335 of 2023

aforesaid amount shall be recovered from the sale of mortgaged Flat No. no.1516/3687, Block-B, Floor No.10, Unit No.1006, Vihaan Heights, Vrindavan Yojana, Raebareilly Road, Lucknow. In case of shortfall, the same shall be recovered from the sale of moveable and immovable property 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 01.04.2026.

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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: 27.01.2026

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Punjab National Bank v. Anup

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Anup

Case brief

What is this about?

What did the court decide?

What the court decided

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