UNION BANK OF INDIA vs ANIL KUMAR SHARMA on 9 October 2026

1. Shri Anil Kumar Sharma 83, AGCR Enclave, Delhi-110092

2. Sh.Shivpriya BP 801, Amrapali Exotica E-08, Sector-50, Noida, UP

3. Sh.Ajay Kumar A-302, Amrapali, Vaishali, Plot No.11/2 Sector-3, Vaishali, Ghaziabad, UP

4. M/s MVG Techno Consultants Pvt.Ltd. 307, 3^rd Floor, Nipun Tower Community Centre, Karkardooma, Delhi-11092

5. M/s Navodaya Properties Pvt.Ltd. 307, 3^rd Floor, Nipun Tower Community Centre, Karkardooma, Delhi-11092

Defendants

Present: Sh.Abhishek Maheshwari, proxy for Mr.Alok Kumar, Counsel for the applicant bank Date of Reserve: 16.09.2026

Date of Pronouncement: 09.10.2026

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T.A. No. 2503 of 2022**FINAL ORDER**

This original application has been filed by the applicant on 28.09.2018 before DRT-III Delhi and then transferred to DRT-I, Delhi under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.84,51,92,060.68 (Rupees Eighty Four crores Fifty One lacs Ninety Two thousand Sixty & paisa Sixty Eight only) as on 31.08.2018 together with pendentelite and future interest with monthly rest along with and penal interest @2% from the date of filing till its realization along with costs.

2. The brief facts of the case are that on the request of principal borrower being limited company has taken loan facility of Rs.43.00 crores (Rupees Forty Three crores only) on 20.01.2011 which was enhanced to Rs.73.00 crores (Rupees Seventy Three crores only) on 23.12.2015 against the personal guarantees of defendant no.1, 2 and 3 and defendant no.4 and 5 given their Corporate Guarantees vide guarantee agreement dated 02.02.2016 for above loan facility.

3. In order to avail the credit facility, the defendants executed Letters of Consent, Letters of Continuity, Affidavits on 21.02.2011, 29.12.2011, 19.08.2013 and 02.02.2016 in favour of applicant bank.

4. That in order to secure the credit facilities, the principal borrower executed Deed of Simple Mortgage on 08.05.2012 and 08.02.2016 and also executed memorandum of Title Deeds on 02.02.2016 in favour of applicant bank. The defendant no.4 executed Memorandum of Title Deeds on 18.06.2011 and defendant no.5 executed Memorandum of Title Deeds on Sd-

21.02.2011 in favour of applicant bank in respect of following properties:

- - EMG of leasehold institutional property at Plot No.37, Block C-56, Sector-62, Noida, Dist.GB Nagar, UP admeasuring 800 sq.metres owned by defendant no.5;

- - EMG of leasehold institutional property at Plot No.29, Block C-56, Sector-62, Noida, Dist. GB Nagar, UP admeasuring 800 sq.metres owned by defendant no.4;

- - Simple mortgage of all pieces & parcels of commercial office space bearing Unit No.104,105,106,107,109,110, 112,114,115 & 116. on first floor of building named Amrapali Corporate Hub, Plot No.J, Sector-2, Industrial Modern Township, Manesar, Gurgaon, Haryana owned by principal borrower;

- - Three star hotel on the land measuring 62913 sq.ft. situated at Mauza Kanhauli Bishundutt & Bela Chhapra, P.S.Bela Industrial Area, Dist. Muzaffarpur (Bihar) bearing Khata No.493,175,175 survey Plot No.65 (part), 223(part), & 224(part), Industrial Plot No.NS-03, B-1 & B-2, Thana No.411 owned by principal borrower.

5. It has been submitted by the applicant that after availing credit facilities, the principal borrower was under obligation to make timely repayment towards the loan and interest thereon within stipulated period without any delay, demur or protest. The principal borrower failed to honor their obligation despite repeated request and various reminders and neglected to make payments in time. The account of principal borrower remained irregular and classified as Sub-Standard (NPA) on 03.10.2016 by the applicant bank as per RBI guidelines.

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6. The applicant bank issued recall notice on 09.01.2017 and in the meanwhile, secured creditor approached NCLT Principal Bench against the principal borrower which was admitted vide order dated 04.10.2017 and is currently undergoing process of Corporate Insolvency Resolution. The applicant bank as secured creditor filed its Claim Form-C with Resolution Professional on 16.10.2017 for Rs.2,01,04,48,319 against the principal borrower.

7. Notices of this O.A. were issued to the defendants and despite proper service including publication in newspapers, the defendants have chosen to absent from the proceedings. As per order dated 20.09.2022, the defendant no.3 to 5 have been proceeded ex-parte. Further, vide order dated 12.08.2026, the defendant no.1 and 2 have not appeared before the Tribunal, hence all the defendants are proceeded exparte due to non-filing of written statement, evidence and affidavit of assets.

8. In order to prove its case, the applicant bank has filed its evidence by submitting copies of documents such as Copy of Power of Attorney of Authorized Signatory, Sanction Letters, Guarantee Agreements, Deed of Simple Mortgage, Supplementary Deeds of Simple Mortgage, Memorandums of Title Deeds, Letters of Consent by defendants, Letters of Continuity, Affidavits, Recall Notice, Copy of NCLT order dated 04.10.2017, Copy of Claim dated 16.10.2017, Copy of Statement of Account, Copy of Section 2A of Bankers' Books of Evidence Act and Copy of Section 65-B of Indian Evidence Act.

9. The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly proved.

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10. The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

11. In the light of the above discussions, the Original Application deserves to be allowed.

**ORDER**

I, allow this OA and direct the defendants to pay to the applicant bank within 30 days, jointly or severally, a sum of Rs. 84,51,92,060.68 (Rupees Eighty Four crores Fifty One lacs Ninety Two thousand Sixty & paisa Sixty Eight only) as on 31.08.2018 along with pendentelite and future interest @16.00% per annum from 01.09.2018 till the date of realization with costs failing which the aforesaid amount shall be recovered from the sale of mortgaged properties subject to outcome of proceedings before the Hon'ble NCLT and Hon'ble Supreme Court against the principal borrower as properties are under the control of Resolution Professional viz:

- - Leasehold institutional property Plot No.37, Block C-56, Sector-62, Noida, Dist.GB Nagar, UP admeasuring 800 sq.metres owned by defendant no.5;

- - Leasehold institutional property Plot No.29, Block C-56, Sector-62, Noida, Dist. GB Nagar, UP admeasuring 800 sq.metres owned by defendant no.4;

- - All pieces & parcels of commercial office space bearing Unit No.104,105,106,107,109,110, 112,114,115 & 116. on first floor of building named Amrapali Corporate Hub, Plot No.J, Sector-2, Industrial Modern Township, Manesar, Gurgaon, Haryana owned by principal borrower; *Sd -*

- - Three star hotel on land measuring 62913 sq.ft. situated at Mauza Kanhauli Bishundutt & Bela Chhapra, P.S.Bela Industrial Area, Dist. Muzaffarpur (Bihar) bearing Khata No.493,175,175 survey Plot No.65 (part), 223(part), & 224(part), Industrial Plot No.NS-03, B-1 & B-2, Thana No.411 owned by principal borrower.

In case of shortfall, the amount shall be recovered from sale of movable and immovable properties of the defendants.

(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 08.12.2026.

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

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**(GOVIND BALLABH SHARMA)** **PRESIDING OFFICER** **DRT-I, DELHI**

(Dictated and pronounced in open court) Dated: 09.10.2026