Debts Recovery Tribunals and Appellate Tribunals

CENTRAL BANK OF INDIA vs MS. SAMIKSHA KAPOOR on 21 September 2026

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Before SUSHIL KUMAR RASTOGI, Presiding Officer Debts Recovery Tribunal-Il, Delhi TA No.1041OF 2023

CENTRAL BANK OF INDIA VS SAMIKSHA KAPOOR

Reserved on

: 11.08.2026

Pronounced on : 21.09.2O26

Central Bank of India

Vs.

Samiksha Kapoor

-Applicant bank

- Sole defendant

Present: Mr. Rajesh Sharma, Counsel for applicant bank.

Sole defendant is exparte, since, 0L.02.2024.

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FINAL ORDER

This original application has been filed by the applicant bank, on 22.t2.2020 through Sh. Dinesh Chand Joshi, Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the sole defendant for recovery of a sum of Rs.20,95,99U- with pendente-lite and future interest at the rate of 14.5 per annum with monthly rest in respect of cash credit facility of Rs.13,30,620/- and at the rate of 12.05 in respect of Term Loan facility of Rs.76,53,370/- from date of filing of this O.A. till the realization in full.

2. The brief facts of the case are that at the request of sole defendant, the applicant bank sanctioned a Cash Credit Facility of Rs.10,92,500/- and Term Loan Facility of Rs.12,35,000/- under PMEGP Scheme, vide sanction letter date 06.03.20t7. The sole defendant executed all necessary loaning documents on 06.03.2017.

3. It is further submitted that the sole defendant enjoyed and utilized tlp Loan facilities, but failed to Cr: -dr

TANO. l04l of 2023

maintain the financial discipline and failed to repay the due amounts. The applicant bank requested the sole defendant to regularize the loan account by visits and letters, but there was no response from the sole defendant. Hence, the account was classified as NPA dated 30.09.2019. The applicant bank served a legal notice dated 30.11.2019 to the sole defendant but failed to recover the same Thus, the present O.A'fl-.A. is preferred by the applicant bank to recover its dues'

4. On notice by this Tribunal, sole defendant failed to put appearance at all, despite service. Accordingly, the sole defendant was proceeded against exparte dated 0r.02.2024.

5. The applicant bank has filed evidence by way of affidavit of Sh. Dinesh Chand Joshi, Manager of the applicant bank as Annexure A-1 to Annexure A-15, which have gone unchallenged and un-rebutted' Hence, the case of the applicant stands fully established against the sole defendant with respect to nonpayment of outstanding amount.

6. After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The evidence and documents filed by the applicant bank not rebutted by the sole defendant by not placing any evidence and there is no question of disbelieving the evidence and documents filed by the applicant bank based upon the written/printed documents. In the light of the above discussions, the present T.A' deserves to be allowed.

ORDER

c\

TA NO. l04l of 2023

1) I hereby allow this T.A. of the applicant bank and direct the sole defendant to pay to the applicant bank within 30 days from today, a sum of Rs.20,95,991/- along with cost, expenses and interest @10.50o/o from the date of filing of this O.A. which has become T.A till the date of realization.

2) In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of hypothecated assets. In case of shott fall, the same shall be recovered from the sale of personal movable and immovable assets of the sole defendant.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il, Delhi.

4) The registry of this Tribunal is hereby directed to issue free copy of the order and send the same to both the pafties.

5) Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on 23.1L.2026. Pending IAs, if any, stand disposed of. File be consigned to records. .- Date : 21.09.2026 5C\ (susHrl KUMAR neSrOCt) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. r\ EA (susHrl KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi Date : 21.09.2026 ..=.*.

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