UNION BANK OF INDIA (ERSTWHILE ANDHRA BANK) vs SH. SHIV NATH GUPTA on 18 August 2026

FINAL ORDER

This original application has been filed by the applicant bank, on 24J42018 through Mr' Y'B Naidu' Chief Manager of the appticant bank' under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.26,62,298.83 together with cost, charges and pendentellite and future interest @15'75olo p'a' from date of filing of this O.A. till the realization in full'

2. The brief facts of the case are that the defendant no.1 was enjoying Open Cash Credit Limit (OCC) for Rs.97.00 Lakhs. Again, at the request of defendant no'1' the applicant bank sanctioned Open Cash Credit- Enhancement from SOD Rs'97'00 Lakhs to Rs'125'00 Mr. Umesh Prasad, Proxy Counsel for Mr' NP Gaur, Counsel appears for applicant b-all: Juf"nOintt are expalte, since, 08'09'2025' S).

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Lakhs as OCC to meet Working Capital requirement for trading in Dairy Product, vide sanction letter dated 23.12.2016. The defendant nos.1 and 2 being the proprietor and co-obligant signed/executed all necessry loaning documents on 31.12.2016.

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 classifled as NPA dated 30'06'2017' The applicant bank served a demand notice dated 0l'07 '2077 to the defendants but failed to recover the same Thus' the present O.A.|[.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 exparte on 08.09.2025.

5. The applicant bank has filed documents along with O.A as Paper No.l to Paper No'118, 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' <.\

TA NO. 1779 of 2022

6. After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The documents filed 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 written/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.26,62,298.83 along with cost, expenses and interest @13.75olo 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. ;-.'.,

TANO. 1779 of 2022

5) Parties are directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on 19.10.2026' Pending IAs, if any, stand disposed of. File be consigned to records. ( ) Date : 18.08.2026 (SUSHIL KUMAR neStOCl) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in oPen coutt. Date : 18.08.2026 'e^ (susHrl KUMAR hAStOCt) PRESIDING OFFICER DRT-II, Delhi \