HDFC BANK vs COUNTRY LINE LOGISTICS PVT LTD on 24 August 2026

FINAL ORDER

This original application has been filed by the applicant banlc on 23.09.2019 through Shri Shambhu Kumar Jha, Area Legal Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.13,93,56,519'33 together with cost, charges and pendentellite and future interest @18.00o/o p.a' from date of filing of this O'A' till the realization in full.

9rt

TANO. l1l5 of 2024

2. The brief facts of the case are that at the request of defendant no.1, the applicant bank sanctioned/enhanced/ renewed a fi nancial facilities i.e., (1). Working Capital Cash Credit Limit (CC) of Rs.400.00 Lacks. (2). Working Capital Demand Loan (WCDL) of Rs.400.00 Lacks. (3). Commercial Vehicle Drop Line OD (CV DOD) of Rs.200.00 Lacks. (4). Bank Guarantee (BG) of Rs.50.00 Lacks. (5). Adhoc Limit of Rs.75.00 Lacks, vide sanction letter dated 17.07.2015. The defendant nos.2 to 6, as Directors/ Authorized 6ignatory/ Guarantors of the defendant no.1 signed and executed necessary loaning documents on 17.07.2015. The said defendants through defendant nos.2 and 3 created equitable mortgage of its rights over immovable properties i.e., (a). House No.259, situated at Sector- 21A, Urban Estate, Faridabad, Haryana-121001, (b). House No. A-103, Block-A, Sector Sigma-|, Greater Noida, Uttar Pradesh-201308. (c). House No.2072-P, Sector-65, Urban Estate, Faridabad, Haryana-121004. Again, at the request of defendants, the applicant bank sanctioned/ enhanced/ restructures/ renewed the aforesaid credit facilities time to time and lastly was enhanced/ restructures/ renewed on 12.02.2019 of Rs.1347.00 Lacks. In consideration of sanction of the various facilities against mortgage of properties and hypothecation of vehicles, fixed deposits, current assets and book debts and pledge of gold. The defendant no.1 through the defendant no.2 executed all necessary loaning documents on 12.02.20L9. In order to secure the aforesaid credit facilities, the said defendants through defendant nos.2 and 3 created equitable mortgage of its rights over the immovable properties i.e., (a). House No.259, situated at Sector-21& Urban Estate, Faridabad, (^

TANO. tll5of2024

Haryana-121001. (b). House No. A-103, Block-A, Sector Sigma-|, Greater Noida, Uttar Pradesh-201308.

(c) . House No.2072-P, Sector-65, Urban Estate, Faridabad, Haryana-121004. (d). Property No'294, Sector-58, Transport Nagar, Ballabgarh, Faridabad, Haryana-121004. The defendant nos.2 to 6 stood as guarantors.

3. It is further submitted that the defendants enjoyed and utilized the Loan facilities, but failed to maintain the financial disciptine and hiled 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. The applicant bank served a recall notice dated 02.05.2019 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 seruice. Accordingly, the defendants were proceeded against exparte on tz.tl.2025.

5. The applicant bank has filed evidence by way of affidavit of Shri. Shambhu Kumar Jha, Area Legal Manager of the applicant bank as Annexure A-1 to Annexure A-73, 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 amqYnt. gI-

TANO. lll5 of 2024

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 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' deserves to be allowed.

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.1 to 6 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.13,93,56,519.33 along with cost, expenses and interest @12.75o/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 defendant nos.1 to 6.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il, Delhi' -----'l gA: )

TANO. lll5of2024

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 26.L0.2026. Pending IAs, if any, stand disposed of. File be consigned to records. g-\ " Date : 24.08.2026 (suSHIL rO-l,rnn RiAst'oct) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. !- eA Date : 24.08.2026 (SUSHIL KUMAR RASIutorT PRESIDING OFFICER DRT-II, Delhi