CANARA BANK vs M/S JSS GRAPHICS on 3 November 2026

FINAL ORDER

2. The brief facts of the case are that at the request ofdefendant no.l through defendant no. 2, the applicant bank sanctioned a Cash Credit Facility of Rs.25,00,000/- under scheme of loans to micro and small enterprises, vide sanction letter dated 23.03.20U. fhe defendant no.2, in furtherance of the said sanction, hypothecated c^

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 31.03.2021. The applicant bank serued a recall notice dated 13.04.2021 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 expafte on 23.09.2024.

5. The applicant bank has filed evidence by way of affidavit of Ms. Sonia Jain, Manager of the applicant bank as Annexure A-1 to Annexure A-14, which have gone unchallenged and un-rebutlerl Hence, the case of the e), TANO.2023 of 2023

the stocks, and book debts amounting to Rs.45.56 Lacs and machinery "AM-Sky CTCP Machine 64 Channel HP Plotter Model T79544" amounting to Rs.40.85 Lacs as per valuation report by Mr. Kishore Lal Dated 10.03.2017. The defendants executed all necessry loaning documents on 03.03.2017, 23.03.20L7 and 27.03.2017. Again, at the request of defendants, the applicant bank renewed the aforesaid loan facility of Rs.25,00,000/-, vide sanction letter dated 27.06.2020. The defendants executed all necessary loaning documents on22.06.2020 and 27.A6.2020.

TANO.2023of2023 3 applicant stands fully established against the defendants with respect to nonpaymOnt 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 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.

ORDER

1) I hereby allow this T.A. of the applicant bank and direct the defendant nos.1 and 2 to pay jointly and severally to the applicant bank within 30 days from today, a sum of Rs.25,69,42t 09 along with cost, expenses and interest @9.25% 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 hypothecated assets, In case of short fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant nos.1 and 2.

3) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Re_cwery Tribunal-Il, Delhi. tI',

TANO. 2023 of 2023

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 04.0L.2027. Pending IAs, if any, stand disposed of. File be consigned to records. Date : 03.11.2026 pronounced in open court. ,--- I sJ,i (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi -CA'I ^l"l'9 (susHrl KUMARTASTOGT) PRESIDING OFFICER DRT-II, Delhi Date : 03.11.2026 This judgement has been signed, dated and t