Allowed

Punjab and Sind Bank v. Smt Madhu Lata Upadhyay

DRT19 Mar 2026TA/498/2022

Case brief

AI extract

What is this about?

The Presiding Officer allowed the appellant bank A's appeal against the borrowers and guarantor. The bank proved its case of non-repayment of a housing loan facility was unchallenged. The defendants failed to appear. The court directed joint and several repayment of the arrears with interest.

What did the court decide?

Direct the defendants to pay jointly and severally Rs.19,73,912.10 along with cost and interest from the date of filing of O.A. within 30 days.

Punjab and Sind Bank versus Smt Madhu Lata Upadhyay — Banking and Recovery | DRT (2026)

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Beforc SUSHIL^{KUMARRASIOGI,Presiding Officer} Debts^{RecoverYTribunal-Il,Delhi}

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TA No.498^OF2022 PUNJAB &^{SIND BANK VS S}IT. MADHU I'''ATA} UPADHAYAY^&ORS

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Resewed on^:09.02'2O26

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Pronounced^{on : 19.03'2O26}

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Punjab &^{Sind Bank} Vs.

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-Applicant bank

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Smt.^{Madhu Lata}

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Shri. Amit^{KumarUPadhaYaY} 3. Shri.^{Raj Kumar}

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Defendants

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Present: Shri. S.K^{Khan, Counsel appears} .f91 ippfi-nt^{bank itong with Shri' Jhataklat} ilbir, Law^{officerfor the applicantt-ank'} OefenilanB^{are exparte since 19'09'2023'}

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FII{AL ORDER

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This original^{application has been filed by the} applicant^{bank, on 05.06'2018through Shri' Ashok} Kumar,^{Principalfficerof the applicantbank' under} Section^{19 of the RDB Act, 1993againstthe defendans} for recovery^{of a sum of Rs'18,73,912'10together with} cost, charges^{and pendentellite and future interest} @9.95%^{from date of filing of this O'A' titl the} realization^{in full.}

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The^{brief facts of the cirseare that at the request} of the defendant^{nos.1 & 2, the applicantbank} sanctioned^{a Housing Loan Facility of Rs'47'00'000/-'} vide sanction^{letter dated 29'11'2014 againstthe} property bearing^{No.9 MCD No' WZ-858' SecondFloor'} out of^{KhasraNo.59/19,Raj Nagar-II,Palam Colony'}

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TANO.498of2022

New Delhi-110045. The title deed of^aforesaid property is deposited by the^{owner, defendant nos'1 &} 2 with the applicant^{bankwith the intentionto create} the equitable mortgage^{against the loan facilityavailed} by the defendant^{nos.1 & 2. The defendantshave} executd all^{necessary loaning documents on} 29.tl.zoL4, 2l.tL.21l4,^{20.t2.20L4,05. 1 2. 20 14 and} 25.10.20L7. The^{defendantno.3 has stoodas} guarantor.

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It is further^{submitted that the defendants} enjoyed and^{utilizedthe Loan facilities, but failedto} maintain the^{financial discipline and failed to repay the} due amounts.^{The applicant bank requestedthe} defendants to^{regularize the loan accountby visits and} letters, but there^{was no response from the} defendants,^{hence the account was classifiedas NPA} on 30.06.2016.^{The applicant bank served a notice} datd 27.07.2016^{to the defendantsbut failed to} recover the same.^{Thus, the present O'A'|I'A' is} preferred by the applicant^{bank to recoverits dues'} Thereafter sold^{the property bearing no' 9 MCD No'} WZ-868, area^{measuring 125 Sq. Yds i'e', 109'52Sq'} mtr. out of^{KhasraNo'59/19, situatedin the revenue} estate of village^{Palam Colony, New Delhi area abadi} known as Raj^{Nagar-II,Delhi to Shri. Shyam Nandan} Gupta Sahu^{and Smt. Pooja KumariGuptafor Rs'39'00} Lakhs and the^{sale ceftificate dated 15'03'2018 was} also issued to^{the auction purchaser.}

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On notice^{by this Tribunal, defendantsfailed to} put appearance at all, despitqpublication'^Accordingly,

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E"t

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TANO.498of2022 the defendanb

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were proceeded against exparte

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on 19.09.2023.

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The applicant bank has filed documenb as paper No.1 to Paper No.66, which have gone unchallenged and un-rebutted. Hence, the case of the applicant stands fuily estabtished against the defendants with respect to nonpayment of outstanding amount.

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After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The documents filed by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the documents Rled by the applicant bank based upon the written/printed documents.

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In the light of the above discussions, the present T.A. deseryes to be ailowed.

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ORDER

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I hereby allow this T.A. of the appticant bank and direct the defendant nos. 1 to 3 to pay joinfly and severally to the applicant bank within 30 days from today, a sum of Rs.19,73,912.10 along with cost, expenses and interest @9.95olo from the date of filing of this O.A. which has become T.A till the date of realization.

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In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos. 1 to 3.

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l--'-'s.t

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TANO.498of2022 4

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Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal_Il, Delhi.

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The registry of this Tribunat is hereby directed to issue free copy of the order and send the same to both the parties.

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Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhion 19.05.2026. pending lAs, if any, stand disposed of.

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File be consigned to records.

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....----t---Se.\

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Date : 19.03.2026

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-RASTOGT) (susHrl KUMAR PRESIDING OFFICER DRT-II, Delhi

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This judgement has been signed, dated and pronounced in open court.

Date : 19.03.2026

(susHrl KUMAR RASTOGT) PRESIDING OFFICER DRT-II, Delhi

Punjab and Sind Bank v. Smt Madhu Lata Upadhyay

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Punjab and Sind Bank v. Smt Madhu Lata Upadhyay

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