BANK OF BARODA vs MS SONALI ENTERPRISES AND ORS on 29 September 2026

FINAL ORDER

This original application has been fited by the applicant bank, on 01'01'2018 through Sh' Vipin Kumar' GeneralPowerofAttorneyoftheapplicantbank'under SectionlgoftheRDBAct,lgg3againstthedefendant nos.lto3forrecoveryofasumofRs'2'31'35'366/- together with cost, charges and pendentellite and future interest @11.70olo from date of filing of this O'A' till the reatization in full.

2. The brief facB of the case are that at the request of defendant nos.l to 3, the applicant bank sanctioned a V/Vyapar Cash Credit facifiY;f Rs'2'00'00'000/-' vide 9). \

TANO.2100of2023 sanction letter ) dated 28.11.2016 against Primary security of hypothecation of stocks (raw material' WIP finish goods) and collateral in the fdrm of equitable moftgage of EMTD of free hold Residentiat First Floor' 1* Floorm without Roof rights out of property bearing no.123, Narang Colony, Janakpuri' New Delhi measuring 2142qfeet (Super buitt) in the name of defendant no'2' The defendants executed all necessary loaning documents on 30'11'2016' The defendant no'3 stood as guarantor. It is submitted that the defendant nos'1 to 3 had also taken loan in the name of Firm under the name and s$le CEE JAYZ Enterprises which is a sister concerned of the defendants from the state bank of India against the mortgage of the same property which has been mortgaged with the applicant bank against the TermLoan/CashCrediW-Vyapar(oD).TheStateBank of India has flled an O'A which was allowed and the R'C was issued in favour of the State Bank of India' The matter is pending before the Recovery Officer' where in the applicant bank has filed an objection which is still pending.

3. It is further submitted that the defendants enjoyed andutilizedtheLoanfacilities,butfailedtomaintainthe financialdisciplineandfailedtorepaythedueamounts. 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 29'06'2017' The applicant bank served a demand notice dated ot'07 '20t7 to the defendants but failed to recover the same Thus' thepresento.A.rr'A.ispreferredbytheapplicantbank to recover its dues' -' tI

4. On notice by this Tribunal' defendants failed to put appearance at all, despite publication' Accordingly' the defendantswereproceededagainstexparteon

12. t2.2025.

5. The applicant bank has flled documents as Annexure A-1 to Annexure A-12' 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 documents frted by the applicant bank not rebutted by the dbfendants by not placing any evidence and there is no question of disbelieving the documents fited by the applicant bank based upon the written/Printed documents' TANO. 2100 of 2023

In the tight of the above discussions' deserues to be allowed'

ORDER

the Present T.A.

1) I hereby allow this T'A' of the appticant bank 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.2,31,35,3661'along with cost' expenses and interest @11.70olo from the date of flting of this O'A' which has become T'A till the date of realization' 4>.

TANO. 2100 of 2023

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 short fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos'1 to

3.

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 30'11'2026' Pending IAs, if anY, stand disPosed of' File be consigned to records' 4). / , t't (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed' dated and pronounced in oPen court' ().. (SUSHIL KUTVIAR RASTOGI) PRESIDING OFRCER DRT-II, Delhi Date : 29.09'2026 Date : 29.09.2026