STATE BANK OF INDIA vs M/S DIGITAL INTEGRATED TECHNOLOGIES PVT. LTD. on 5 October 2026

FINAL ORDER

This original application has been filed by the applicant bank, on 31.12.202L through Mr. Sudhir Kumar Sinha, Chief Manager of the applicant ban( under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.7,68,68,691.28 together with pendentellite and future interest CC: @8.50o/o and TL & FITL: @7.50o/o p.d. with monthly rests besides @5.25olo p.a. towards penal interest frcm date of filing of this O.A. tillthe realization in full.

2. The brief facts of the case are that at the request of defendant no.l, the applicant bank sanctioned a credit facilities i.e., Fund Based- Cash Credit Facility of Rs.10.00 Crore, Non-Fund Based- Bank Guarantee FaciliiY of

-Applicant bank

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TANO.88 of2023

Rs.1.00 Crore, vide snction letter dated 21.02.2017. In consideration to the aforesaid facilities, the defendant no.1 along with defendant no.2, one Ms. Priya Sharmaand defendant no.5 as guarantors/mortgagors etc, singed and executed all necessary loaning documents on 2t.02.20L7 and 27.02.2017. Again, at the request of defendant no.1, the applicant bank renewed a credit facilities i.e., Cash Credit Facility of Rs.6.00 Crore., vide sanction letter dated 04.05.2018. Again, at the request of defendant no.1, the applicant bank renewed/enhanced an aforesaid facility i.e., (A). Fund Based Limits- FITL Facility of Rs.0.20 Crores, WCTL Facility of Rs.3.00 Crores, Cash Credit Facility of Rs.3.25 Crores and (B). Non-Fund Based Limits- Bank Guarantee Facility of Rs.0.55 Crores- Total Limit (A+B) of Rs.7.00 Crores, vide arrangement letter dated 27.03.2020. The defendants executed all necessary loaning documents on 27.03.2020. In Consideration of the grant of the aforesaid credit facilities to the defendant no.1 by the applicant bank, the defendant no.5 with an intention to create an equitable mortgage, deposited with the applicant bank on 27.02.2017 titled Pocket F, Kaushambhi, Ghaziabad, Uttar Pradesh-2O1010 measuring 1021.81 sq mtrs. The defendant no.5 confirmed the deposit of title deeds and extension of mortgage vide his subsequent letter dated 27.03.2020. The defendant no.2 with an intention to create an equitable mortgage, deposited with the applicant bank on 04.01.2018 titled Flat 92 C,znd Floor, LIG, Udyog Vihar, Block, D-4, Sector 82, Noida, 201301. The defendant nos.2 and 4 with an intention to create an equitable mortgage, deposited with the applicant bank on 04.01.2018 titled Flat No. 141 C-II Floor, MIG, Express View Apartments, Sector 93, Noida, Uttar Pradesh. In consideration of the ^qgttd the afore said :gl loan facilities to defendant no.1 by the applicant bank, defendant no.1 hypothecated in favour of the applicant bank i.e., (i). All current assets including stocks, stocks in trade, receivables, consumable stores and spares and entire current assets and hypothecated plant and machinery etc of the defendant no.l. (ii). All Current assets both present and future including finished goods, semi-finished goods, raw material and stores lying in conduct of thE same and failed to maintain the financial discipline and regularity in repayment.

3. It is fufther 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 visib and letters,'but there was no response from the defendants. Hene, the account was classified as NPA datd 22.07.2021. The applicant bank served a demand notice dated 06.08.2021 to the defendants but failed to recover the same Thus, the present O.A.ff.A. is preferred by the applicant bank to recover ib dues.

4. On notice by this Tribunal, defendants put appearance through counsel but failed to file written statement on time and the right to file written statement of defendants was closed vide order dated 12.01.2023. Thereafter, the defendants failed to put appearance in the matter. Accordingly, the defendants were proceeded against e,Yparte on L7.09.2026.

5. The applicant bank has filed evidence by way of affidavit of Mr. Krishna Kumar Gautam, Chief Manager as Annexure A-1 to Anno\tf-e_3-58, 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.

5. IA no. 277012026 has been filed on behalf of applicant bank under Section 19 (13A), (25) and 22 ofthe RDB Act, 1993 seeking attachment of various properties owned by the defendant nos. 2, 4 and 5 and other directions.

7. The l-d. Counsel of applicant bank has submitted that three mortgaged propefties, as pleaded in the Original Application, have already been auctioned by the applicant bank, under the provisions of the SARFAESI Act, 2002 vide Sale Certificates issued under Rule 9(6) of the SARFAESI Rules, 2002 to the respective auction purchasers. It is further submitted that subsequent to the auction of the mortgage properties and appropriation/ adjustment of the proceeds from the sale of the moltgage properties, the outstanding dues to the tune of Ps.!,52,40,724.60 as on 15.09.2025, are still recoverable. Thereafter, the applicant bank has further traced out four

(4) other properties ofthe defendant no. 3, the guarantor i.e., (1). Flat No.303, admeasuring super area 62'83 sq. mtrs., situated on Third Floor, (without roof rights) Residential Bui lding "Su nrise Apartmenf', Khata Khataun i No. 41 (L423-t428 Fasli) forming part of Khasra No. 597 and 595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon, District Dehradun, Uttarakhand - 248013. (2). Flat No.203, admeasuring super area 62.83 sq. mtrs., situated on Second Floor, (without roof rights) Residential Building "sunrise Apaffienf', Khata Khatauni No. 41 (1423- 1428 Fasli) form.qg-pgg 1lf Khasra No. 597 and 9?

TANO.88 of 2023

595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon, District Dehradun, Uttarakhand - 248013. (3). Flat No.202, admeasuring super area 62.83 sq. mtrs., situated on Second Floor (without roof rights), Residential Bullding "Sunrise Apartment", Khata Khatauni No. 41 (L423-t428 Fasli) forming part of Khasra No. 597 and 595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon, District Dehradun, Uttarakhand - 2490t3. (4). Flat No.103, admeasuring super area 62.83 sq. mtrs., situated on First Floor, (without roof rights) Residential Building "sunrise Apartment", Khata Khatauni No.41 (1423-L428 Fasli) forming part of Khasra No. 597 and 595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon, District Dehradun, Uttarakhand - 248013. It is submitted that as on 16.09.2026, the outstanding amount is Ps.L,52,40,724.60 and the same is effectively unsecured after the sale of all the mortgage properties. Therefore, expedient and in the interest of justice that properties as described above of the present application, be attached fofthwith and appropriate directions be issued. It is submitted that the position of law as stipulated in Section 19 (13-A) of the RDB Act, 1993, clearly specifies that if at any stage of proceedings it appears that the defendant is causing or likely to cause any hindrance or delay in the recovery of the dues of the applicant, then the applicant may approach this Hon'ble Tribunal seeking attachment of properties owned by the defendants other than the properties morQaged with the applicant. Further, the value of securities mortgaged with the applicant bank having already been realized with still a huge debt to be recovered in the present Transfer application, there exists just and expedient grounds for attachment of aforementioned properties. It is prayed that this Hontle Tribunal may allow the plggt apglication and pass an s0

ad-inter(m order in favour of the applicant bank and against the defendant no. 3, thereby attaching the property described as "Flat No. 303, admeasuring super area 52.83 sq. mtrs., situated on Third Floor, (without roof rights) Residential Building "sunrise Apartmenti Khata Khatauni No. 41 (L423-1428 Fasli) forming part of Khasra No. 597 and 595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon, District Dehradun, Uttarakhand - 2480t3" owned by M/s. J.S' Enterprises through its Proprietor Shri Jaivir Singh Baliyan (defendant no.3) and pass an ad-interim order in favour of the applicant bank and against the defendant no' 3, thereby attaching the propefi described as "Flat No' 203, admeasuring super area 62.83 sq' mtrs', situated on Second Floor, (without roof rights) Residential Building "sunrise Apaftmenf', Khata Khatauni No' 41 (1423'L428 Fasli) forming part of Khasra No. 597 and 595 Kha' situated at Mauza Tarla Nagal, Pargana Parwadoon' District Dehradun, Uttarakhand - 248013owped by M/s' J.S. Enterprises through its Proprietor Shri Jaivir Singh Baliyan (defendant no.3) and pass an ad-interim order in favour of the applicant bank and against the defendant no. 3, thereby attaching the propefi described as Flat No. 202, admeasuring super ar@ 52'83 sq' mtrs'' situated on Second Floor (without roof rights), Residential Building "sunrise Apartment", Khata Khatauni No' 41 (t423-L428Fasli) forming part of Khasra No' 597 and 595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon' District Dehradun, Uttarakhand - 2480L3, owned by M/s' J.S. Enterprises through its Proprietor Shri Jaivir Singh Baliyan (defendant no.3 and pass an ad-interim order in favour of the Applicant Bank and against the defendant no. 3, thereby attaching the property described as "Flat super area 62.83 sq. mtrs',

No. 103, admeasuring 9?

TANO.88 of2023

situated on First Floor, (without roof rights) Residentia I Bui lding "Su nrise Apartmenf', Khata Khatauni No. 41 (t423-I428 Fasli) forming part of Khasra No. 597 and 595 Kha, situated at Mauza Tarla Nagal, Pargana Parwadoon, District Dehradun, Uttarakhand - 2480t3, owned by Mls. J.S. Enterprises through its Proprietor Shri Jaivir Singh Baliyan defendant no.3.

8. Heard the Ld' Counsel for applicant bank and perused the record.

9. 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 widence and there is no question of disbelieving the evidence and documents filed by the applicant bank based upon the written/printed documents.

10. In the light of the above discussions, the present T.A. deserves to be allowed.

11. IA no. 277012026 has been filed on behalf of applicant bank under Section 19 (13A), (25) and 22 ofthe RDB Act, 1993 seeking attachment of various properties owned by the defendant nos. 2, 4 and 5'

12. Also perused the IA filed by the applicant bank' By the impugned IA the applicant has made a prayer to attach the properties of the defendants pending disposal of the OAIIA. As the TA is being decided finally and the recovery certificate is goirg!%{_issued, the proper s0

TANO.88of2023 8 course will be to move an application before the Ld. Recovery Officer for attachment of the properties of the defendants. When the OA is finally decided, there is no requirement of interim attachment of ttre properties of the defendants.

13. In the light of above, the IA no.277012026 is liable to be dismissed.

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.l to 5 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.!,52,40,724.50 along with cost, expenses and interest @12.50% from the date of filing of this O.A. which has bemme 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 short hll, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos'1 to

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 parties.

5) Parties are diregted to appear before the Ld' Recovery Officer, DRT-II, Delhi on 07'L2'2026' Pending IAs, if any, stand disPosed of.

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TA NO. 88 of 2023 I

6) IA no. 277012026 is dismissed' File be consigned to reords. Date : 05.10.2026 iso ' --- n/b (susHrL KUMAR cefrOCt) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. Date : 05.10.2026 SP (susHrL rurq.-af;flsn PRESIDING OFFICER DRT-II, Delhi