UNION BANK OF INDIA vs SMT. USHA SHARMA on 3 August 2026

FINAL ORDER

This original application has been filed by the applicant bank, on 05.01.2018 through Mr. Pyare Lal, Assistance General Manager and Principal Officer of the applicant bank, under Section 19 of the RDB Act, 1993 against the sole defendant for recovery of a sum of Rs.93,61,754.07 together with cost, charges and pendentellite and future interest @11.45olo p.a. from date of flling of this O.A. till the realization in full.

2. The brief facts of the case are that at the request of sole defendant the applicant bank sanctioned a Cash s.\:

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Credit Facility of Rs.80.00 Lakhs, vide sanction letter dated 29.07.2011. The sole defendant executed all necessary loaning documents on 01.08.2011 and 30.07.2011. In order to secure the amount due from defendant in abovesaid cash credit account, the sole defendant hypothecated stocks, book debts and entire current assets of the said proprietorship firm in favour of the applicant bank. It is submitted that the abovesaid cash credit account was reviewed vide credit sanction intimation dated 04.03.2013.

3. It is further submitted that the sole defendant 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 sole defendant to regularize the loan account by visits and letters, but there was no response from the sole defendant. Hence, the account was classified as NPA dated 30.06.2017. The applicant bank serued a legal notice dated L6.10.20L7 to the sole defendant but failed to recover the same Thus, the present O.A.fl-.A. is preferred by the applicant bank to recover its dues.

4. On notice by this Tribunal, sole defendant failed to put appearance at all, despite publication. Accordingly, the sole defendant was proceeded against exparte on 05.03.2019.

5. The applicant bank has filed evidence by way of affidavit of Mr. Rakesh Kumar, Chief Manager of the applicant bank as Annexure - A to Annexure -P, which have gone unchallenged andr.rn-rebutted. Hence, the e.\, TANO. ll53 of 2023

case of the applicant stands fully established against the sole defendant 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 applicant bank not rebutted by the sole defendant 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. deserves to be allowed.

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the sole defendant to pay to the applicant bank within 30 days from today, a sum of Rs.93,61,754.07 along with cost, expenses and interest @10.50o/o from the date of filing of this O.A. which has become T.A till the date of realization.

2) In case of 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 sole defendant.

3) Recovery Certificate be issued fofthwith and be sent to Recovery Officer, Debts Recwery Tribunal-Il, Delhi. .. e"\'

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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) Pafties 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. Date : 03.08.2026 ' <r\ ,L (s u s H I L-KU M AR-RASTOGI ) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. Date : 03.08.2026 (' s)' (susHrl KUMAR ne$rOCI) PRESIDING OFRCER DRT-II, Delhi