Allowed

Uco Bank v. Ms. Sapna Dhingra and Another

DRT24 Mar 2026OA/57/2026

Case brief

AI extract

What is this about?

UDRT allowed bank's OA for recovery of home loan. Defendants failed to repay NPA classified account. Tribunal ordered recovery of principal, costs, and fixed uniform simple interest at 8% p.a. permitted enforcement via mortgage sale.

What did the court decide?

Recovery of Rs. 29,18,184.56 with costs and future simple interest @8% p.a.; issuance of Recovery Certificate; liberty to enforce via sale of mortgaged or personal assets.

Uco Bank versus Ms. Sapna Dhingra and Another — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.57/2026

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 08.01.2026

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DATE OF DECISION: 24.03.2026

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UCO Bank, a Body Corporate, constituted under the Banking Companies Acquisition and Transfer of Undertakings Act, 1970, having its Head Office at 10, Brabourn Road, Kolkata and its branches throughout India and amongst other branches having branch office situated at Malhar Road branch, Ludhiana, through its constituted attorney Sh. Pankaj Sharma, Branch Manager, who is also the principal officer of the applicant.

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……..Applicant

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Versus

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Ms. Sapna Dhingra D/o Sh. Ajay Dhingra, R/o Street no. 3, Housing Colony, Daba Road, Shimlapuri, Ludhiana – 141003.

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Smt. Saroj Dhingra W/o Sh. Ajay Dhingra, R/o Street no. 3, Housing Colony, Daba Road, Shimlapuri, Ludhiana – 141003.

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……….Defendants

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Advocates:

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Argued by Sh. Ashok Kumar Verma, advocate for applicant

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Defendants already ex-parte vide order dated 17.03.2026

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against the defendants for recovery of Rs.29,18,184.56 (Rupees Twenty Nine Lacs Eighteen Thousand One Hundred Eighty Four and paisa Fifty Six Only). The Original Application has been filed through

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Sh. Pankaj Sharma, Branch Manager, of the applicant, who is competent to institute the Original Application vide circular of bank dated 20.07.2012, which is Annexure A1 to this OA.

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OA NO. 57/2026 UCO BANK VS MS SAPNA DHINGRA AND ANOTHER

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The brief facts of the OA are that the Defendants approached the applicant for grant of Home Loan for purchase of ready built house of Rs 30.00 Lacs vide Application form which is Annexure A2 to this OA.

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The applicant sanctioned credit facility i.e. Home Loan Rs.30.00 Lacs vide Sanction Letter dated 26.10.2023, which is Annexure A3 to this OA and terms and conditions duly accepted by the defendants.

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Defendant no.1 mortgaged her immovable property i.e. residential property measuring 120 sq. yards situated at Village Daba, Abadi Daba Colony, Hadbast No. 262, Shimlapuri, Ludhiana, Punjab through equitable mortgage of sale deed bearing no. 202324/103/1/9391 dated 03.11.2023 along with translation, which is Annexures A8 to this OA; Letter dated 03.11.2023 from mortgagor regarding deposit of title deeds, which is Annexure A9 to this OA. Documents executed : Loan Agreement, AHL 7, Revival letter, Demand Promissory Note, all dated 26.10.2023 which are Annexures A4 to A7 to this OA and Statement of Account along with certificate, which are Annexure A10 to this OA.

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The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.29,18,184.56, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

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The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 17.03.2026. 7. In support of the OA, affidavit of Sh. Pankaj Sharma, Branch Manager, UCO Bank, has been filed. 8. Heard ex-parte arguments and perused record.

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OA NO. 57/2026 UCO BANK VS MS SAPNA DHINGRA AND ANOTHER

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It was argued by learned counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A10 to this OA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs. Rs.29,18,184.56 (Rupees Twenty Nine Lacs Eighteen Thousand One Hundred Eighty Four and paisa Fifty Six Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the account.

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In so far as pendent lite and future rate of interest is concerned, the applicant in relief clause has claimed fixed interest @8.05% p.a. plus penal interest @2% p.a. with monthly rests from 30.08.2025 till the realization.

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The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @08.00%p.a. in the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of

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OA NO. 57/2026 UCO BANK VS MS SAPNA DHINGRA AND ANOTHER

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Rs.29,18,184.56 (Rupees Twenty Nine Lacs Eighteen Thousand One Hundred Eighty Four and paisa Fifty Six Only) jointly and severally, with costs, current and future simple interest @08.00%p.a. in the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of mortgaged property of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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12. Any other application pending stands disposed of.

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 16.04.2026

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned.

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Pronounced by me in the open Tribunal . Dated: 24.03.2026

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(MRIDULESH KUMAR SINGH)

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Presiding Officer, DRT-III, Chandigarh

Uco Bank v. Ms. Sapna Dhingra and Another

Case brief

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Uco Bank v. Ms. Sapna Dhingra and Another

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