YES BANK vs M/S ORION AUTOMOBILES PVT LTD on 19 October 2026

FINAL ORDER

This original application has been filed by the applicant bank, on t6.03.202L through Ashish Ranjan, Authorised Representative of the applicant bank, under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.63,454,478.985 together with cost, charges and pendentellite and future interest @10.15olo 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, the applicant bank sanctioned an Inventory Funding Facility of Rs.50,00,000/- and Cash Credit Facility of Rs.5,00,00,000/-, vide sanction letter dated 02.05.2018, as revised subsequently on c).

24.05.20L8. The defendants executed all necessary loaning documents on 24.05.2018. The defendant nos.2 and 3 also furnished unconditional and irrevocable continuing guarantee dated 04.05.2018 in favour of the applicant bank. It is submitted that the inventory funding account got closed and defendant no.1 utilized the cash credit facility account number bearing 010584600001044. To secure the repayment of the amounts under the aforesaid facilities, mortgage of property Entire Basement Floor, Ground Floor, and First Floor, without Roof Rightsflerrace Rights Build up on Propefi situated at G-364, Block No. G, Preet Nagar Coop. House Building Society Ltd, Preet Vihar, Delhi- 110092.

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 31.05.2019. The applicant bank served a demand notice dated 11.06.2019 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 pra*dq against exparte on 18.0s.2025. S"\ i

5. The applicant bank has filed evidence by way of affidavit of Shri. Ashish Ranjan, Authorised Representative of the applicant bank as Annexure A1 to Annexure A6, 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 evidence and documents flled 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 wriften/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.63,454,478.985 along with cost, expenses and interest @9.75% 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 mortqged property i'€., Entire q-

Basement Floor, Ground Floor, and First Floor, without Roof Rightsflerrace Rights Build up on Property situated at G-364, Block No. G, Preet Nagar Coop. House Building Society Ltd, Preet Vihar, Delhi-l10092. 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.

5) Pafties are directed to appear before the Ld' Recovery Officer, DRT-II, Delhi on 21.12.2026. Pending IAs, if any, stand disposed of. File be consigned to records. __:-_-=-a ' C..lt ! : Date : 19.10.2026 (SUSHIL KUMARRASTOGI) PRESIDING OFFICER DRT-II, Delhi This judgement has been signed, dated and pronounced in oPen coutt. / =-.--^ \sl . . T,-' (susHrl KUMAR nASTOGI) PRESIDING OFFICER DRT-II, Delhi Date : 19.10.2026