BANK OF BARODA vs M/S. ARSH INFRATECH (INDIA) PVT. LTD & ORS. on 29 September 2026

FINAL ORDER

This original application has been filed by the applicant ban& on L5.07.20t9 through Sh. Surendra Prasad Singh, Chief Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of 45,87,86t/- together with cost, charges and pendentellite and future interest @12'00o/o 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 defendant no.1 through its directors'defendant nos'2 and 3, the applicant banf,.s:rgctioned a Cash Credit CT.

TANO.844of 2022 2 Facility of Rs.35,00,000/-, vide sanction letter dated 24.06.20L5. The defendant nos.2 & 3 executed all necessry loaning documents on 24'06.2015' To secure the aforesaid facility, the defendant nos'2 & 3 executed by way of hypothecation of all the borrower raw material, stock-in-process, semi-finished and finished goods and all the present and future book-debts, movable plant and machinery/vehicle/crafts, consumable stores and spares, both present and future etc. The hypothecated property was already mortgaged with the applicant bank in a separate loan which was taken by the defendants on behalf of the associate from of defendant nol' The defendant nos.2 to 5 are the directors of defendant no'1'

3. It is further submitted that the defendants enjoyed and utilized the Loan facilities, but failed to maintain the financial discipline and failed to repay the due amounts' The applicant bank requested the defendants to regularize the loan account by visits and letters, but there was no response from the defendants' Hence' the account was classified as NPA dated 28'07'2017' The applicant bank served a recall notice dated 05'04'2019 to the defendants but failed to recover the same Thus' the present O.A.ff.A. is preferred by the applicant bank to recover its dues'

4. On notice by this Tribunal, defendants failed to put appearance at all, despite publication' Accordingly' the defendants were 10.01.2025. proceeded against exparte on

5. The applicant bank has filed evidence by way of affidavit of Shri. Surendra Prasad Singh, Chief Manager F:

TANO.844of2022 3 of the applicant bank as Paper No'20A to Paper No.106, which have gone unchallenged and un-rebutted' Hence, the case of the applicant stands fully established against the defendants 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 defendants 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 tight of the above discussions, the present T'A' deserves to be allowed.

ORDER

1) I hereby allow this T'A' of the applicant bank and directthedefendantnos.lto5topayjointlyandseverally to the applicant bank within 30 days from today' a sum of Rs.45,87,861/- along with cost, expenses and interest @12.00% 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 personal movable and immovable assets of the defendant nos.1 to 5' .A\

TANO.844of2022 4

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 paties.

5) Parties are directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on 30'11'2026' Pending IAs, if any, stand disPosed of. File be consigned to records' Date : 29.09.2026 \.. 9r^ (susHrl Ruunn ni{$rocl) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in oPen coutt. Date : 29.09.2026 ,) (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi