Allowed

Union Bank of India v. Ms Jeevandeep Associate

DRT22 Jul 2025OA/1202/2022

Case brief

AI extract

What is this about?

Union Bank of India approached DRT for recovery of outstanding loan dues from borrowers and Guarantors after the account turned NPA. The Tribunal dismissed the defense in default, held the borrowers jointly and severally liable, and issued a recovery certificate attaching multiple assets.

What did the court decide?

Defendants held jointly and severally liable to pay Rs. 2,28,04,384.87 plus interest. Recovery Certificate issued against assets including plants, machinery, and immovable properties. Costs awarded.

Union Bank of India versus Ms Jeevandeep Associate — Company and Corporate | DRT (2025)

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“ORIGINALAPPLICATION” No. 1202 OF 2022

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1202 OF 2022

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DATE OF DELIVERY OF ORDER 22.07.2025

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Union Bank of India, a body corporate constituted under Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 and having its Head Office at Union Bank Building, 239 Vidhan Bhawan Marg, Nariman Point, Mumbai- 400021 & one of its Branch at Jaipur Main Branch, K-13, Brij Anukampa Building, Ashok Marg, C-Scheme, Jaipur (Rajasthan) through its Branch Manager Mr. Ashok Singh Manohar.

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…..Applicant Bank…..

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VERSUS

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1. M/s Jeewandeep Associate , Second Floor, S-5, Plot No. 3, Jagdamba Tower, Amrapali Circle, Vaishali Nagar, Jaipur (Rajasthan), through its Proprietor Mr. Narendra Singh Nirwan.

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2. Mr. Narendra Singh Nirwan S/o Mr. Ganpat Singh, R/o 26, Govind Nagar Extension, Gokulpura Road, Near Sharad Marriage Garden, Jhotwara, Jaipur-302012 (Rajasthan)

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3. Mr. Keshar Singh S/o Mr. Bhagirath Singh, R/o SD-226, Shanti Nagar, Hasanapura, Lal Kothi, Gandhi Nagar, Jaipur-302015 (Rajasthan)

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4. Mrs. Nisha Kanwar W/o Mr. Narendra Singh Nirwan, R/o 26, Govind Nagar Extension, Gokulpura Road, Near Sharad Marriage Garden, Johotwara, Jaipur-302012 (Rajasthan)

OA No. 1202 of 2022

5. Mrs. Saroj Kanwar W/o Mr. Keshar Singh, R/o C-20, Karni Uma Vihar, Gokulpura, Kalwar Road, Jaipur-302012 (Rajasthan).

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……Defendants…..

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Counsel for the Applicant Bank Sh. Kriti Kapoor Defendants None

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JUDGMENT

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This Original Application was filed by the applicant bank on 06.10.2022 for recovery of outstanding amount of Rs. 2,28,04,384.87 from the Defendants.

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As per the pleadings, Defendant No. 1 is a proprietorship firm, Defendant no. 2 is Proprietor, and Defendant no. 3 & 4 in the capacity of guarantor. The defendant no. 1 through its proprietor Defendant no. 2 had approached the applicant bank for availing Cash Credit facility. After due consideration, cash credit facility was sanctioned by the Applicant Bank in favour of Defendants vide sanction letter dated 07.07.2018 and as per the sanction, Overdraft Facility of Rs. 1,80,00,000/- was sanctioned to Defendant no.1. The defendant no. 1 through its proprietor defendant no. 2 had further approached the applicant bank for renewal of credit facilities and the bank had renewed the credit facility vide sanction letter dated 22.04.2020. The Defendants had approached the applicant Bank and requested for UGECL (Union Guaranteed Emergency Credit Line) Facility. After considering the request of

OA No. 1202 of 2022

defendant no. 1 the applicant bank had sanctioned the Working Capital Term Loan (WCTL) under UGECL of Rs. 15,00,000/- to defendant no. 1 vide sanction letter dated 09.06.2025. The defendants had approached the applicant bank for renewal of credit facilities. And after considering the request, the applicant bank had sanctioned the renewed Working Capital Term Loan Facility of Rs. 1,80,00,000/- and FITL facility of Rs. 37,59,000/-, total credit facilities of Rs. 2,17,59,000/was sanctioned to the defendant no. 1 vide sanction letter dated 28.06.2021. Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 06.06.2022. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 19.01.2023. Despite service none appeared on behalf of the defendants.

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4. Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/55 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

OA No. 1202 of 2022

In the result, this O.A. No. 1202 OF 2022 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 2,28,04,384.87 (Rupees Two Crore Twenty Eight Lac Four Thousand Three Hundred Eighty Four and Paisa Eighty Seven only) with future interest @ 10.00% p.a. (simple) from 06.10.2022 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated and created charge over the entire current assets, material, raw material, finished goods, semifinished goods and book-debts and receivable in favour of the applicant bank along with hypothecation of entire plant & machinery and equitable mortgaged properties i.e. Plot no. 19, Maa Vaishno Nagar, Second, Gokulpura, Kalwar Road, Jaipur (Rajasthan), admeasuring 127.77 Sq. Yds, Plot no. 15, Govind Nagar Extension, Gokulpura, Kalwar Road, Jaipur (Rajasthan) admeasuring 341.61 Sq. Yds., Office No. S-5, Second Floor in Jagdamba Tower, Plot No. E-3, Amrapali Circle, Amarapali Marg, Vaishali Nagar, Jaipur (Rajasthan), Built-up Area 210 Sq. Fts. and Plot No.20, Sheri Karni Uma Vihar, C-Block, Kalwar Road, Gokulpura, Jaipur (Rajasthan), admeasuring 110.74 Sq. Yds. as well as from the personal movable and immovable

OA No. 1202 of 2022

properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 06.10.2025.

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Prepare Recovery Certificate accordingly.

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A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 22.07.2025 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1202 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 1202 OF 2022

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DATE OF DELIVERY OF ORDER 22.07.2025

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

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…..Applicant Bank…..

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VERSUS

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1. M/s Jeewandeep Associate , Second Floor, S-5, Plot No. 3, Jagdamba Tower, Amrapali Circle, Vaishali Nagar, Jaipur (Rajasthan), through its Proprietor Mr. Narendra Singh Nirwan.

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2. Mr. Narendra Singh Nirwan S/o Mr. Ganpat Singh, R/o 26, Govind Nagar Extension, Gokulpura Road, Near Sharad Marriage Garden, Jhotwara, Jaipur-302012 (Rajasthan)

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3. Mr. Keshar Singh S/o Mr. Bhagirath Singh, R/o SD-226, Shanti Nagar, Hasanapura, Lal Kothi, Gandhi Nagar, Jaipur-302015 (Rajasthan)

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4. Mrs. Nisha Kanwar W/o Mr. Narendra Singh Nirwan, R/o 26, Govind Nagar Extension, Gokulpura Road, Near Sharad Marriage Garden, Johotwara, Jaipur-302012 (Rajasthan)

OA No. 1202 of 2022

5. Mrs. Saroj Kanwar W/o Mr. Keshar Singh, R/o C-20, Karni Uma Vihar, Gokulpura, Kalwar Road, Jaipur-302012 (Rajasthan).

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……Defendants…..

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Recovery Certificate for Rs.2,28,04,384.87

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In terms of final order dated 22.07.2025 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 2,28,04,384.87 (Rupees Two Crore Twenty Eight Lac Four Thousand Three Hundred Eighty Four and Paisa Eighty Seven only) with future interest @ 10.00% p.a. (simple) from 06.10.2022 till the date of realization.

OA No. 1202 of 2022

Marg, Vaishali Nagar, Jaipur (Rajasthan), Built-up Area 210 Sq. Fts. and Plot No.20, Sheri Karni Uma Vihar, C-Block, Kalwar Road, Gokulpura, Jaipur (Rajasthan), admeasuring 110.74 Sq. Yds. as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 06.10.2025.

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on 22.07.2025 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1202 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶86

PRESENT- SHRI VIMAL GUPTA

¶87

PRESIDING OFFICER

¶88

O.A. NO. 1202 OF 2022

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DATE OF DELIVERY OF ORDER 22.07.2025

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SCHEDULE TO RECOVERY CERTIFICATE

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MEMO OF COST

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¶93

…..Applicant Bank…..

¶94

VERSUS

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1. M/s Jeewandeep Associate , Second Floor, S-5, Plot No. 3, Jagdamba Tower, Amrapali Circle, Vaishali Nagar, Jaipur (Rajasthan), through its Proprietor Mr. Narendra Singh Nirwan.

¶96

2. Mr. Narendra Singh Nirwan S/o Mr. Ganpat Singh, R/o 26, Govind Nagar Extension, Gokulpura Road, Near Sharad Marriage Garden, Jhotwara, Jaipur-302012 (Rajasthan)

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3. Mr. Keshar Singh S/o Mr. Bhagirath Singh, R/o SD-226, Shanti Nagar, Hasanapura, Lal Kothi, Gandhi Nagar, Jaipur-302015 (Rajasthan)

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4. Mrs. Nisha Kanwar W/o Mr. Narendra Singh Nirwan, R/o 26, Govind Nagar Extension, Gokulpura Road, Near Sharad Marriage Garden, Johotwara, Jaipur-302012 (Rajasthan)

OA No. 1202 of 2022

5. Mrs. Saroj Kanwar W/o Mr. Keshar Singh, R/o C-20, Karni Uma Vihar, Gokulpura, Kalwar Road, Jaipur-302012 (Rajasthan).

¶103

……Defendants…..

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	1,50,000.00
2	Process Fee (Inc. Publication)	220.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	1,51,375.00

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1202 of 2022

Date : 22.07.2025

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Counsel:

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Sh. Kirti Kapoor, Counsel for Applicant Bank None for the Defendants

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1202 of 2022

Date : 22.07.2025

¶118

Counsel:

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Sh. Kirti Kapoor, Counsel for Applicant Bank None for the Defendants

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The Tribunal vide order dated 22.07.2025 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

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The Registrar vide order dated 22.07.2025 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Union Bank of India v. Ms Jeevandeep Associate

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Ms Jeevandeep Associate

Case brief

What is this about?

What did the court decide?

What the court decided

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