UNION BANK OF INDIA vs M/S. S & S INC (BORROWER) on 16 September 2026

FINAL ORDER

This original application has been filed by the applicant bank, on L6.07.2019 through Mr. Satish Kumar Kashyap, Chief Manager and Principal Officer of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.82,93,984.96 together with cost, charges and pendentellite and future interest @13.35olo 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 partners i.e., defendant nos.2 and 3, the applicant bank sanctioned a Cash Credit Facility of Rs.45.00 Lacs, vide sanction letter dated 09.05.2011. The defendants executed all necessary loaning documents on 10.06.2011. To secure the 9..

aforesaid credit facility, the defendant nos.2 and 3 have signed and executed their personal letter of guarantee in favour of the applicant bank dated 10.06.2011. The aforesaid credit facility was further secured by the defendant no.2 by of equitable mortgage of his immovable property i.e., Entire Ground Floor portion without Rooffierrace Rights, part of Freehold Built up Property Bearing No.69/2, Block-R, area measuring 100 Sq. Yards out of Khasra No.1B, situated in the area of Village Dheerpur, Colony Known as Rishab Nagri, Model Town-III, Delhi-110009. It is submitted the applicant bank has further renewed/sanctioned and enhanced the aforesaid cash credit facility limit of Rs.gO.O0 Lacs, vide sanction letter dated 01.11.2013. The defendants executed all necessary loaning documents on 01.01.2013, 01.11.2013. It is further submitted that the applicant bank further renewed the aforesaid cash credit facility limit of Rs.80.00 Lacs and also granted and sanctioned an ad-hoc limit of Rs.20.00 Lacs totalling Rs.100 lacs, vide sanction letter dated tt.O7.20t4.The defendants executed all necessary loaning documents on LL.07.2014. The applicant bank fufther renewed the aforesaid cash credit limit of Rs.80.00 Lacs, vide sanction letter dated 31.01.2015. The defendants executed all necessary loaning documents on 03.04.2017.

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 28.02.2019. The e,\

applicant bank served notice dated a demand 02.03.2019 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, defendant nos.l & 3 failed to put appearance at all. The defendant no.2 put appearance through counsel but failed to file written s[atement. Thereafter, the defendants failed to put appearance in the matter, despite publication. Accordingly, the defendants were proceeded against expafte on 19.06.2025.

5. The applicant bank has filed documents along with OA as Annexure A-1 to Annexure A-49, 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.

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. deserves to be allowed. q>

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.1 to 3 to pay joinfly and severally to the applicant bank within 30 days from today, a sum of Rs.82,93,984.96 along with cost, expenses and interest @13.35olo 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 mortgaged propefi bearing i.e., Entire Ground Floor Poftion without Rooffl-errace Rights, part of Freehold Built up Residential property/ Flat Bearing No.6912, Block-R, area measuring 100 Sq. yards out of Khasra No.lB, situated in the area of Village Dheerpur, Colony Known as Rishab Nagri, Model Town-III, Delhi_ 110009. In case of short fall, 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.

4) The registry of this Tribunal is hereby directed to issue free copy of the order and send the same to both the parties. *ny'

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5) Parties are directed to appear before the Ld. Recovery Officer, DRT-II, Delhi on t6.lI.2OZ6. pending IAs, if any, stand disposed of. File be consigned to records. Date : 16.09.2026 gr\ i (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open couft. Date : 16.09.2026 SA (susHrl KUMAR nns+rbcr) PRESIDING OFFICER DRT-II, Delhi