INDIAN BANK (ALLAHABAD BANK) vs M/S R AND D CLOTHING INC on 8 September 2026

FINAL ORDER

This original application has been filed by the applicant bank, on t6.L2.2019 through Smt. Akansha Roy, Senior Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.27,L7,0871- along with interest @BR+2.15olo per annum with monthly rests 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 defendant nos.2 & 3, the applicant bank sanctioned a Cash Credit Limit Facility of Rs.24.75 Lakhs for working capital requirement under the Allahabad MSME (micro-enterprises- manufacturing) 9/\,

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Scheme, vide sanction letter dated L3.t0.20t7. The above said credit facility is secured by way of primary security of hypothecation of stocks and book debts, hypothecation of movable and immovable assets created under the general letter of hypothecation and also hypothecation of all other current assets of the firm both present and future. The defendant nos.2 & 3 stood as guarantor. The defendants executed all necessary loaning documents on 13.10.2017 and t6.t0.20t7.

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 classified as NPA dated 29.07.2019. The applicant bank served a demand notice dated 31.07.2019 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 publication. Accordingly, the defendants were proceeded against exparte on 07.04.2025.

5. The applicant bank has filed evidence by way of affidavit of Ms. Akansha Roy, Senior Manager of the applicant bank as Paper No.3 to Paper No.105, which have gone unchallenged and un-rebutted. Hence, the case of the applicant sta[dslully established against the trX

TA NO. 529 of 2023 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 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 flled 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 3 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.27,77,0871- along with cost, expenses and interest @8.45olo 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 3.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-Il, Delhi. J e\'i

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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) Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on 09.11.2026. Pending IAs, if any, stand disposed of. File be consigned to records. Date : 08.09.2026 (e (susHrl [uvnn'ilA$ocr) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced'in open court. Date : 08.09.2026 c) (susHrl rCwnn mY#rl PRESIDING OFFICER DRT-II, Delhi