STATE BANK OF INDIA vs M/S ADARA on 14 October 2026

FINAL ORDER

This original application has been filed by the applicant bank, on 13.06.2019 through Mr. Ram Kumar Bansal, Chief Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.38,09,42l- together with cost, charges and pendentellite and future interest @t2.40o/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.2 sole proprietor of defendant no.1, The applicant bank sanctioned Term Loan Scheme of Rs.40,00,000/-. Again, at the request of defendants, the applicant bank sanctioned a Cash Credit Facility of Rs.10,00,0001-, vide sanction letter dated 28.02.20L7. c^

The defendants executed all necessary loaning documents on 1 1.02.201 6, 28.02.2017 and 09.03.2017. In order to secure the above said loan facilities, the defendants hypothecated the bok debts, receivables and stocks as primary security.

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 14.03.2019 and 16.04.2019. The applicant bank served a legal notice dated 10.05.2019 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 proceeded against expafte on 27.08.2025.

5. The applicant bank has filed evidence by way of affidavit of 'Mr. Harish Sablok, Chief Manager of the applicant bank as Annexure A-1 to Annexure A-19, 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. qI:

6. After perusing the records, this Tiibunal 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 wriften/printed documents. In the light of the above discussions, the present T.A. deserues to be allowed.

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.1 and 2 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.38,09,4271- along with cost, expenses and interest @12.40o/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 personal movable and immovable assets of the defendant nos.1 and 2.

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. a,

5) Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on t4.t2.2026. Pending LAs, if any, stand disposed of. File be consigned to records. -_*.o .cJ Date : 14.10.2026 (SUSHIL KUMAR nASrOGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. Date : 14.10.2026 s.l (susHrl KUMAR RASTOGT) PRESIDING OFFICER DRT-II, Delhi