Bank of India v. Sunny
Case brief
What is this about?
Debts Recovery Tribunal allowed an application by Bank of India to recover approximately ₹75 Lakhs along with interest and future interest from three borrowers who defaulted on a housing loan, enforcing the claim against mortgaged flat properties.
What did the court decide?
Respondents sanctioned to pay aggregate sum of ₹75,45,298.58 with future simple interest @ 8.70% per annum; Recovery Certificate issued; direction to Registrar to send copies.
What the court decided
ORIGINAL APPLICATION NO.464 OF 2022
DEBTS RECOVERY TRIBUNAL No.2, MUMBAI
PRESIDING OFFICER: HARISH KUMAR KAUSHIK
ORIGINAL APPLICATION NO.464 OF 2022
Date of Institution: 26.04.2019 Date of Decision: 13.04.2026
TOTAL CLAIM AMOUNT :
₹ 75,45,298.58/-
BANK OF INDIA,
a Body Corporate Constituted under the Banking Companies (Acquisition Transfer of Undertakings) Act V of 1970, having their Head Office at "Star House", C-5, "G" Block, BandraKurla Complex, Bandra (East), Mumbai-400 051, and having its one of the Branches situated at: Alankar Building, Balaram Street, Mumbai 400 007; known as "Grant Road Branch"; through their Authorized Officer/Chief Manager MR. SANJAY KUMAR … Applicant SINHA
Versus
- MR. SUNNY MUKESH SHAH,
Issues for consideration
2 issues framed by the court
Whether the applicant bank's claim for recovery of housing loan dues with interest and penal charges is admissible under Section 19(1) of the Recovery of Debts due to Banks and Financial Institutions
Whether the mortgaged properties can be secured to enforce the judgment debt.
Parties & counsel
- applicant
Bank of India
- respondent
Mr. Sunny Mukesh Shah
- respondent
Mr. Chirag Vijay Shah
- respondent
Ms. Kinjal Vijay Shah
Coram
Case details
As recorded by the court registry
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