Debts Recovery Tribunals and Appellate Tribunals
UNION BANK OF INDIA vs Ms Cell Guru and Ors on 30 April 2025
Before SUSHIL KUlrlAR RASTOGI, Presiding Officer Debts Recovery Tribunal-Il, Delhi TA No.717 OF 2022
UNION BANK OF INDIA VS i,T/S CELL GURU & ORS
Reserued on
: 06.O2.20.25
Pronounced on : 30.04.2025
Union Bank of India
- Applicant bank
Vs.
1. M/s Cell Guru
2. Sh. Nitin George Roy
3. Mrs. Nancy Roy
- Defendants
Present:
Mr. Vishwa Bandhu, Prory Counsel for Mr.
AK Shukla, Counsel appears for applicant bank.
Defendants are exparte since 05.07.2019.
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FINAL ORDER
This original application has been filed by the applicant bank, on 25.09.20L7 through Ms. Khinika Sardana, Manager of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.53,04,058/- in cash credit account and Rs.8,53,209.50 in Term loan as on 2L.09.2017 with future & pendentelite interest @12.20 p.a. and @11.95olo p.a. plus penal interest @ 2olo per annum with monthly rest in both the account respectively from date of filing of this O.A. till the realization in full.
2. The brief facts of the case are that the request of defendant no.1 through defendant no.2, the applicant bank sanctioned Credit :?cfryi.e., Term Loan/ C.\
TANO.7t7t2022 2 Secured Overdraft of Rs.7.5 Lakhs, vide sanction letter dated 09.02.2015. Again, at the request of defendant no.1 through defendant no.Z, the applicant bank sanctioned a Credit Facility of Rs.40 Lakhs, vide sanction letter dated L4.OZ.ZOL6 towards moftgage loan scheme in favour of the defendant no.1 as per terms and conditions mentioned in the sanction letter. The defendants executed all necessary toaning docu ments dated 09. 02. 2OtS, LZ.OZ.20 1 5, 1 3. 02. 20 1 5, L9.02.2075, 16.02.2015 and 14.08.2015. The defendant no.3 has mortgaged her flat bearing no. 118, First Floor, Category- Janta, Block-Hp, pitampura, Delhi-110034 in respect of the aforesaid loan amount.
3. It is further submitted that the defendants enjoyed and utilized the Loan facility, 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 on 30.04.2016. Therefore, the applicant bank served a legal notice dated 14.01.2016 and demand notice dated 31.05.2016 to the defendants but failed to recover the same Thus, the present O.MI-A is preferred by the applicant bank to recover its dues.
4. On notice by this Tribunal, the defendants failed to put appearance at all, despite service. Accordingly, the defendants were proceeded against exparte on s\ I l i I I
TA NO. 717/2022 3
5. The applicant bank has filed evidence by way of affidavit of Sh. Inder pal Singh, Senior Manager of the applicant bank as paper no.1 to paper no. 170 along with the OA which have gone unchallenged and un-rebutted. Hence, the case of the applicant bank stands fully established against the defendants with respect to non-payment of EMI/ 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 filed by the applicant bank based upon the written/pri nted docu ments. In the light of the above discussions, the present TA deserves to be allowed.
ORDER
1) I hereby altow this T.A. of the Appticant 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.53,04,05g/- in cash credit account and Rs.8,53,209.50 in Term loan account along with cost, expenses and interest @ l1.75o/o from the date of filing of this O.A which has become TA 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 property bearing flat no. 118, First Floof. Category- Janta, Block_Hp, Y
TA NO. 717t2022 4 Pitampura, DelhF110034. In case of short fall, the same shall be recovered from the sale of the personal movable and immovable assets of the defendant nos. 1 &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.
5) Parties are direct to appear before the Ld. Recovery Officer, DRT-II, Delhion 30.06.2025. pending IAs, if any, stand disposed of. File be consigned to records- Date: 30.04.2025 gJ (susHrL KUtiAR Ri\SrOGr) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in open court. E\ (susHrL KUMAR nnSrOCr) PRESIDING OFFICER DRT-II, Delhi Date :30.04.2025 T I -.='=-.-