Allowed

Punjab and Sind Bank v. Smt. Rinki

DRT19 Feb 2026TA/510/2022

Case brief

AI extract

What is this about?

This Debt Recovery Tribunal adjudicated an application filed by Punjab & Sind Bank for recovery of dues of Rs. 30,04,164.51 along with interest against three respondents. The Tribunal allowed the application and directed joint and several liability.

What did the court decide?

Respondents directed to pay Rs. 30,04,164.51 with interest at 11.50% p.a. within 30 days.

Punjab and Sind Bank versus Smt. Rinki — Specific Performance | DRT (2026)

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I I I i i I ! I I I I i I I I ,

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Before SUSHIL^{KUMARRASTOGI, Presiding Officer} Debts Recovery Tribunal-Il,^Delhi

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TA No.51O ol2022

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PUNJAB & SIND^{BANK VS SMT RINKI & ORS}

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Reseryed on =^21.Ot.2O26 Pronounced on : 19.O2.2O26

Punjab & Sind Bank

-^{Applicant bank}

Vs.

Smt. Rinki

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Sh. Ravinder

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Sh. Banarasi Lal

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Defendants

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Present: Shri R. Wali,^{Counsel appears for applicant} bank. Defendants are ex-parte^{since 20.08.2025.}

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FINAL ORDER

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This original application has been^{filed by the} applicant bank, on 11.08.2021^{through Shri Krishan} Murari Prasasd, Principal Officer^{of the applicantbank,} under Section 19 of the^{RDB Act, 1993 against the} defendants for recovery of a^{sum of Rs.30,04,164.51} together with cost, charges and^{pendentelliteand future} interest @ L4o/o^p.a. from date of^{filingof this O.A. till the} realization in full.

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The brief facts of the case^{are that at the request of} the defendants the applicant^{bank sanctioned,on} 24.06.20t1, a House Loan^Facility of^{Rs.15 lacs for} purchasing the property being Znd floor of^House no.L73812, Rishi Nagar, Kotla^{Mubarakpur, NewDelhi-} 110003. In order to avail the^{said loan facility the} defendants have executed and^{deliveredloaning} C}

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i I I I I t I 1 I II I i I i I

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i I I t '| I I

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TANO.5l0of2022²

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documents dated^{24.06.2011.The defendant} no.1, in order to secure the^{repaymentof the loan availed} from the applicant bank by^{defendantno.1 & 2,} deposited the original^{title deed of her immovable} property with an intention to create^mortgagein respectof^{propertybearingno.L73812,znd floor,} measuring 110 sq.^{yds., being part of Khasra no.2$2,} situated at Rishi Nagar,^{Kotla Mubarakpur, New Delhi-} 110003 in favour^of the^{applicantbank. Defendantno'3 is} guarantor for the defendant no'1^{and 2 in the event of} default in repayment of^{the loan. Defendants} acknowledged their^{liability towardsthe applicantbank} and executed^{a revivalletter dated 31.05.2014 confirming} the debit balance in^{the loan accountbeing} Rs.15,54,325/- as on^{31.05.2014 and promisedand} assured to^{regularizethat the loan account,but to no} avail.

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It is further^{submitted that the defendants enjoyed} and utilized the^{Loanfacility, but failed to maintain the} financial discipline and^{failed to repay the due amounts'} The applicant bank^{requested the defendantsto} regularize the^{loan account by visitsand letters, but there} was no response^{from the defendants, hencethe account} was classified as^{NPA on 30'06.2014.Therefore,the} applicant bank^{serued a legal demand notice dated} 12.07.20t4 to the defendants,^{demanding the amount} due as on that^{date, but failed to recover the same'} Thereafter, in^{pursuance of the provisionsof the} SARFAESI Act,^{the applicanttook the appropriate steps} by issuing^{notice of possessionU/s 13(4) on 2l'02'20L7'} Defendant no.2 filed an^{SA no.2ll20t5which was} disposed off vide order lgted^{26.02'20L5 as the} g

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TANO.5t0of2022³

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defendants showed their^{willingnessand undertook to} not only regularize their^{loan accountbut also pay regular} installments. Subsequently,^{the defendantonceagain} filed an MA in disposed of^{SA no.2tl20L5which was also} disposed vide order dated^{09'04.2015.However,the} defendants have^{failed to regularize the loan accountand} pay installments in terms the order of^{disposalof the} application. On 26.06.2015,^{the defendants executed a} Tamsuk deed whereby the^{defendants not only} acknowledged their debt on^{12.06.2015but also} undertook to^pay equated^{monthlyinstallments of} Rs.18,54U- w.e.f. July 2015.^{Subsequently, the loan} account of the defendants^{was temporarily regularize on} the payment of the overdue amount,^{however, despite} the undertaking^{given by the defendants, the defendants} failed to maintain regularity^{in the account and gain} defaulted in the terms of^{repayment. Consequently, the} account was again classified^{as NPA on 29.01.2016.} Applicant bank issued a^{notice for possessionon} 21.02.2017. Thereafter, defendant^{no'1 & 2 again} executed a revival letter^{dated21.02.20L7confirming the} debit balanceⁱⁿ their^{loan accountto be Rs'17,14,969.50} as on 20.02.2017. However,^{despite confirmation and} acknowledgement of debit^{balance in the loan account,} the defendants^yet again^{failed to maintainthe account} and the irregularity^{continued. Thus, the present O.A.is} preferred by the applicant bank to^{recover its dues.}

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On notice by this^{Tribunal, defendant no.l & 2} appeared through^{counsel and thereafter failed to put} appearance in the^{matter. The defendant no.3 failed to} put appearance at all despite^{publication and accordingly} sa

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TANO. 510^{of 2022}

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were^{proceeded against exParte on}

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defendants

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20.08.2025.

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The applicant^{bankfiled its evidenceby way of the} affidavit of Shri^{Krishan Murari Prasad,Senior Manager of} the applicant^{bank as paper no.1to paper no' 50.}

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The documentary^{evidencefiled by the applicantbank} has^gone unchallenged^{and un-rebutted.Hence, the case} of the applicant^{bank standsfully establishedagainst the} defendants with^{respect to non payment of EMV} outstanding amount.

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After^perusing the^{records,this Tribunal is of the} view that the applicant^{bank has provedits case beyond} reasonable doubts.^{The documentsand evidencefiled by} the applicant bank not^{rebuttedby the defendants by not} placing any evidence and there is no^questionof disbelieving the evidence^{filed by the applicantbank} based upon the written/printed^documents.

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In the light of the above^{discussions,the presentT.A.} deserves to be allowed^{against the defendant no.1 to 3'}

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ORDER

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I hereby allow this^{O.A. of the ApplicantBank and} direct the defendant^{nos. 1 to 3 to pay jointly and} severally to the applicant^{bank within 30 days from today,} a sum of Rs.30,04,164.51^{along with cost,expensesand} interest @ 11.50o/o from^{the date of filing of this O.A.} which has become T.A. till^{the date of realization.}

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TANO.510of2022⁵

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In case of^{failure to deposit the aboveamount} within the stipulated^{period, the same shall be recovered} from the sale of the^{mortgaged propertybearing} no.173812,2nd floor,^{measuring 110 sq. yds., being part} of Khasra no.282,^{situated at Rishi Nagar, Kotla} Mubarakpur,^{New Delhi-l10003.In case of shoft fall, the} same shall be^{recoveredfrom the sale of personal} movable and^{immovableassetsof the defendantno' 1 to} 3.

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Recovery Certificate^{be issued forthwith and be} sent to Recovery Officer,^{DebtsRecoveryTribunal-Il,} Delhi.

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The registry of^{this Tribunalis herebydirected to} issue free copy of the^{order and send the same to both} the^parties.

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Parties are^{directed to appearbefore the Ld'} Recovery Officer, DRT-II,^{Delhi on 2L.04.2026'Pending} IAs, if any, stand^{disPosed of.}

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File be consigned^{to records.}

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Date : 19.02.2026

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S"\ (susHIL KU-MARMSToGI) PRESIDING OFFICER DRT-II, DCIhi

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This^{judgementhas been signed,datedand} pronounced in oPen couft.

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1 gA Date : 19.02.2026 (SUSHIL KUr'4(n RASTOCT) PRESIDING OFFICER DRT-II, Delhi

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Punjab and Sind Bank v. Smt. Rinki

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Punjab and Sind Bank v. Smt. Rinki

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