INDIAN BANK (ALLAHABAD BANK) vs M/S. SHIV BAKELITE MOULDERS AND OTHERS on 6 October 2026

FINAL ORDER

This original application has been filed by the applicant bank, on 04.09'2020 through Ms' Sushma Jha' Chief Manager/Authorized Officer of the applicant bank' under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of k'3L'77'224'40 together with cost, charges and pendentellite and future interest @15.00o/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 defendants, the applicant bank snctioned a Property Loan Facility of Rs'13,00,000/-, vide sanction letter darted 31.07'2009 and further Rs'42,50,000/- under C.C.H facility has also been sanctioned, vide letter dated Sh. Anil Kumar Singh, Counsel appears for applicant bank. Deiendants are expafte, since, 16'01'2025' a\

TANO.292of2024 2 24.03.20L2. And further supplemental letter of mortgagor conflrming deposit of title deeds through constructive delay has been duly signed and executed by defendant no.2, mortgagor/borrower/guarantor by depositing the title documents of the property bearing No. L-4l38, Double Storey, Lajpat Nagar, New Delhi' The defendants executed all necessary loaning documents on 31.07.2009 and 24.03.20L2. Thereafter, the abovementioned moftgage property has been taken possession of by the bank under SARFEASI Act and thereafter the above-mentioned property has been duly auctioned by the bank under SARFEASI Act'

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 31'03'2017' The applicant bank served a demand notice dated 25'09'20t7 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 16.01.2025. proceeded against exParte on The applicant bank has filed evidence by way of 5 affidavit of Ms. Sushma Jha, Chief Manager of the 9\

TANO.292of2024 3 applicant bank as Annexure A- 1 to Annexure A-10' which have gone unchallenged and un-rebuttd' 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 flled by the applicant bank not rebufted by the defendants by not placing any evidence and there is no question of disbelieving the evidence and documents filed by the applicant bank documents. based upon the written/Printed 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.lto3topayjointlyandseverally to the applicant bank within 30 days from today' a sum of Rs.3L,77,224.40 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 peridl the same shall be recovered q TANO.292of2024 4 from the sale of personal movable and immovable assets of the defendant nos'l to 3'

3) Recovery Certiflcate be issued fofthwith 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 directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on O7'L2'2026' Pending IAs, if anY, stand disPosed of' File be consigned to records'(9\ I (susHIL KUMAR RASToGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed' dated and pronounced in open court' t'I (SUSHIL KLfqAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi Date : 06.10.2026 Date : 06.10.2026