PUNJAB NATIONAL BANK (ORIENTAL BANK OF COMMERCE) vs M/S. ANSH PRE-FAB PVT. LTD. on 14 July 2026

FINAL ORDER

This originat application has been filed by the applicant ban( on L}.OZ.ZOZO through Shri. Edmund Pradeep Aind, Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.68,44,571.50 together with cost charges and pendentellite and future interest @13.50o/o from date of filing of this O.A. tiil the realization in full.

2. The brief facts of the case are that at the request of defendants, the applicant bank sanctioned a Cash Credit (Hypothecation)Facility of Rs.40.00 Lakhs and Punjab Nation Bank Vs. -Applicant bank

1. M/s Ansh pre-Fab A/t Ltd

2. Sh. Gyan Chand Gupta

3. Sh. Dharmendra Kumar Mishra

4. Smt. Nisha Gupta _ Defendants Present EP

TANO. 1016of2023 z Term Loan Facility of Rs.15,00,000/_, vide sanction letter dated 05.0g.2012. The defendants executed all necessary loaning documents on 02.08.2012,06.0g.2019. It is submitted that the said credit facility was primarily secured by hypothecation of stock and boo(debts, stock of cement concrete/ rcc benches tree guards etc. raw material, stock_in_ process, finished goods, stoc( spares and receivables. As specifically mentioned in the loan as well as security documents. In order to further secure the aforesaid facilities, the defendant nos.2 & 4 created equitable mortgage of the immovable property by depositing the title deeds of the property equitable mortgage property bearing no.1076, Luxman Vihar, Tehsil & Distt. Gurgaon, measuring 59.5 Sq. yds in the name of defendant no.4 with the applicant bank. The defendant no.2 also confirmed the creation of equitable moftgage in favour of applicant bank by way of letter of confirmation dated 07.08.2012. To further secure the aforesaid facilities, the defendant no.2 creates equitable mortgage of the immovable property by depositing the registered sale deed of the propefi bearing no.7077, Luxman Vihar, Tehsil & Distt. Gurgaon, measuring 59.5 Sq. yds in the name of defendant no.2.

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 aceount was classified as NpA 10'

on 31.03.2015. The applicant bank seryed a demand notice dated 07.O4.zOtSto 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 seryice. Accordingly, the defendants were 12.05.2023. proceeded against expate on

5. The applicant bank has filed evidence by way of affidavit of Mr, Edmund pradeep Aind, Manager of the applicant bank as Annexure- p- 1 to Annexure. p-20, 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 applhant 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 light of the above discussions, the present T.A. deserues to be allowed.

ORDER

S,P

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.l to 4 to pay joinUy and severally to the applicant bank within 30 days from today, a sum of k.6g,44,57L50 along with cost, expenses and interest @13.50o/o from the date of filing of this O.A. which has become T.A till the date of realization.

2) In case of faiture to deposit the above amount within the stipulated period, the same shall be recovered from the sale of hypothecated assets and the sale of mortgaged propefties bearing no.1076, Luxman Vihar, Tehsil & Distt. Gurgaon, measuring 59.5 Sq. yds and Bearing Committed No.L077, Luxman Vihar, Tehsil & Distt. Gurgaon, measuring 59.5 Sq. yds. In case of shoft fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos.l to 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 parties. -'-s0

5) Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on l4.Og.Z}26.pending lAs, if any, stand disposed of. File be consigned to records. e9 ,,trada Date | 74.07.2026 (SUSHIL KUMAR RASTOGI PRESIDING OFFICER DRT-II, Delhi This judgement has been pronounced in open court. signed, dated and 90 tL Date: 74.07.2026 ttr (SUSHIL KUMAR RASTOGT) PRESIDING OFEICER DRT-II, Delhi ) l)