BANK OF BARODA vs M/S EASY RESEARCH AND BREEDING FARM on 27 August 2026

FINAL ORDER

This original application has been filed by the applicant bank, on tz.Ll.z1zlthrough SunilVerma' Chief Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.91,71,155.96 together with cost''charges and pendentellite and future interest @10'10o/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 proprietor defendant no'2' the applicant bank sanctioned a Term Loan Facility of Rs.90,00,000 | -, videsanction letter dated 06'02' 20 19' To secure the aforesaid facility, tlTe defendants created hypothecation of the stock,tebtors, plant & machinery c).\ Shri Chanchal Aggarwal, Counsel appears for applicant bank. obienOants are exparte, since, 05'09'2023'

TANO.983of2022 2 and hypothecation of birds, feeds, machinery. debtors etc. The defendans executed all necessary loaning documents on 06.02.2019.

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 31'03.2021. The applicant bank served a recall notice dated 06.09.2021 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 service. Accordingly, the defendants were proceeded against expafte on 05.09.2023.

5. The applicant bank has filed evidence by way of affidavit of Shri. Sunil Verma, Chief Manager of the applicant bank as Annexure A-1 to Annexure A-13, 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. ;i:,

TANO.983 of2022

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 defendans 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 tight 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 and 2 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.91,71,155.96 along with cost, expenses and interest @10.10o/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 hypothecated assets' In case of shott 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' t-'.. 4r'..

TANO. 983 of 2022

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 27.t0.2026. Pending IAs, if any, stand disPosed of. File be consigned to records. Date : 27.08.2026 s^ (susH rL Ku MA(f{A'S[OGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open coutt. Date : 27.08.2026 --- _---,,\-'\ g-\ '\ (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi