ANDHRA BANK vs M/S SUN AGRIFRESH INDUSTRIES PVT LTD on 4 August 2026

FINAL ORDER

This original application has been filed by the applicant bank, on 30.11.2018 through Shri. G. Ganesh, Assistant General Manager of the applicant banlg under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.22,04,43,874.t5 together with cost, charges and Ren-denSllite and future interest -Q,., TANO. lt03 of 2022

@14.10o/o p.a. 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.1 through its directors, guarantors i'e., defendant nos.2 to 8, the applicant bank sanctioned an Open Cash Credit (Renewal-cum-enhancement) of Rs.22.50 Crores for a period of one year and Bank Guarantee (fresh) of Rs.2.50 Crores for period of three years, vide sanction letter dated 30.12.2015' The defendants executed all necessary loaning documents on 01.09.2015, 30.12.2015 and 30.10.2017. Hypothecated by way of first charge in favour of the bank all the goods, stocks, raw-materials, finished and unfinished goods, all kind of movable property such as plant, machinery, fixture, fittings etc. and all other things and articles lying at their godowns and the retail outlets of the defendant no.l. The defendant nos.2 to 7 mortgaged the properties i.e., (a). Residential flat belonging to defendant nos.2 & 6, situated at Flat No.507 HIG, 5E Floor, Block No. Y1, Sector D-6, Vasant Kunj, New Delhi and bounded by East., West., North., South. (b)' Residential belonging to defendant no.4, situate at Residential Land and Building bearing Near Macdonald, New Delhi-110007 and bounded by East other propefi, West other property, North 20 FT Wide Road, South 15 FT Wide Road in favour of the applicant bank. (c). Industrial belonging to defendant no.1, situated at Industrial Land and Building at Khasra Number 1431622, Bawana Kanjhawala Road, Near Police Station & Electric Sub Stattion, Kanjhawala, Delhi-8l and bounded by East Industrial Plot No.621, West Industrial Plot No.623, North 41 FT Wide Road, I1o.630. ---L (A, South Industrial Plot

(d) . Residential flat

TANO. 1103of2022 3 belonging to defendant no.5, situated at Residential Flat No.C-601, Aruind CGHS Ltd, Plot No.9, Sector-l9B, Dwarka, New Delhi-l10075 and bounded by East., West., North., South. (e). Residential belonging to defendant no.7, situated at Residential Land and Building Bearing No.41, (admeasuring 207 Sq. mts), Block -C, Pocket-8, Sector-17, Dwarka, New Delhi-110078 and bounded by East Plot No.42, West Plot No.40, North 12 Mtrs Road, South Plot No.6 in favour of the applicant bank. (f). Residential belonging to defendant no.2, situated at Plot

Colony, Khasra No.252 Min, Village Mukarrabpur, Palheda, Pargana Daurala, Tehsil-Sardhana, District Meerut, Uttar Pradesh and bounded by East 8.23 Mtrll2 Mts wide Road, West 8.23 MIr/HNO-A60, North 16.77 Mtr/H No. A77, South 16.77 MtrlH No. A79. (G). Residential belonging to defendant no.2, situated at Plot No. A-79, Area Measuring 138.02 Sq. Mts. Uday City Colony, Khasra No.252 Min, Village Mukarrabpur,

Meerut, Uttar Pradesh and bounded by East 8.23 MtrlL2 Mts Wide Road, West 8.23 MIr/HNO-AS9, North 16.77 Mtr/H No. A78, South 16 in favour of the applicant bank.

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 visits and letters, but there was no response from the defendants. Hence, the account was classified as NPA dated 31.01.2018. The applicant bank served a demand notice dated 13.06.2018 to the defendants but failed to recover the same Thus, SA

TANO. 1103 of 2022

the present O.A.ff.A. is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, defendants put appearance through counsel but failed to file written statement and the right to file written statement of defendants was closed vide order datd 22.L2.2025.

5. The applicant bank has filed documents as Annexure - A to Annexure -F, 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 flled by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the documents filed by the applicant bank based upon the wriften/printed documents. In the light 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 direct the defendant nos.1 to 9 to pay jointly and severally to the applicant bank within 10,days from today, a sum g.)\ .)

TA NO. ll03 of 2022

of Rs.22,04,43,874.15a1on9 with cost, expenses and interest @13.50% 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 hypothecated assets and the sale of mortgaged property i.e., (a). Residential Flat bearing No.507 HIG, 5t' Floor, Block No. Y1, Sector D-6, Vasant Kunj, New Delhi (b). Residential Land and Building bearing Near Macdonald, New Delhi-l10007 and bounded by East other property, West other property, North 20 FT Wide Road, South 15 FT Wide. (c). Industrial Land and Building at Khasra Number 7431622, Bawana Kanjhawala Road, Near Police Station & Electric Sub Stattion, Kanjhawala, Delhi-8l and bounded by East Industrial Plot No.621, West Industrial Plot No.623, North 41 FT Wide Road, South Industrial Plot No.630. (d). Residential Flat bearing No.C-601, Aruind CGHS Ltd, Plot No.9, Sector-19B, Dwarka, New Delhi-110075 (e)' Residential Land and Building Bearing No'41, (admeasuring 207 Sq. mts), Block -C, Pocket-8, Sector- 17, Dwarka, New Delhi-l10078 and bounded by East Plot No.42, West Plot No.40, North 12 Mtrs Road, South Plot No.6 in favour of the applicant bank' (f). Residential Plot

Colony, Khasra No'252 Min, Village Mukarrabpur, Palheda, Pargana Daurala, Tehsil-Sardhana, District Meerut, Uttar Pradesh and bounded by East 8'23 Mtr/12 Mts wide Road, West 8.23 MIr/HNO-A60, North 16'77 Mtr/H No.A77, South L6.77 Mtr/H No' A79' (G)' Residential 'Plot No. A-79, Area Measuring 138'02 Sq' Mts. Uday City Colony, ,[hlttu No.252 Min, Village e^, TANO. 1103of2022 6 Mukarrabpur, Palheda, Pargana Daurala, Tehsil- Sardhana, District Meerut, Uttar Pradesh and bounded by East 8.23 MtrlL2 Mts Wide Road, West 8.23 Mtr/HNO- A59, North 16.77 MtrlH No. A78, South 16. In case of shoft fall, 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.

5) Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on 05.10.2026. Pending IAs, if any, stand disPosed of. File be consigned to records. ,<} (susHIL fuMnRt[ASrocD PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in oPen court. s"\. (susHrl KUMAR ilqsTOGI) PRESIDING OFFICER DRT-II, Delhi Date : 04.08.2026 Date : 04.08.2026