who is the proprietor of M/s Beatus Enterprise, was unable to supply such required machineries and the amount of Rs. 38,50,0001 was returned to the answering defendants in apiece meal manner in theyear 2021. The answering defendants intimated the applicant bank about the same. After the initial setback, the answering defendant no.2 used the name of his other firm/lndustry i.e. Orison Furnishlndustries (OPC) to purchase the required machineries, as the defendant No. 1 tirm did not have any registration. The answering defendant No.2 made variouspaymentsto purchase the required machineries and in total spent Rs. 35,33,660/-. However, few of the machineries that were ordered by the answering defendants were not delivered due to non-payment of full amount and the amountpaid was also notretumed bythe dealers/suppliers. As such, no step could be takento fullyset up plant and to produce materials and there was no income from it. This in turnhad resultedto the Loan Acmunt be declared as Non-Performing Asset. Oespite thetoughsituation the answering defandants were in, theymaderepayment ofRs. 9,06,480.511to the applicant bank in respect of term loan whichis alsoreflected in the statementof account of the loan account. Since theremaining sanctioned amount was not released by the applicant bank, the dealers/ suppliershad not deliveredthe machineriesto the plant of answering defendants. Few of the machineries that were ordered by the answering defendants were not delivered due tonon-payment of full amount and the amountpaid was also not retumedby the dealers/ suppliers evenafter repeated requests. The answering defendantsapproached the applicant bank and made numerous requests to release theremaining sanctionedamount, but the applicant bank turned a deaf ear to therequests and did not disburse theremaining amount. Owing to the COVID-1gpandemicand non-releaseof the remainingsanctioned amount by the applicant bank,the answering unable to setup the foodprocessing unit asplanned and due tolack of income generation,the answering defendants not able to makepayments ofthe loan. Without fulfilment of promisesmadeby the bankin its entirety, the bank cannot seekreciprocalfulfilment of the promise,which in this case is the return of amount ofRs. 38,50,000/-.Moreover' it was Hualthawmvunga'S/o Lalcheuva who have utilizedthe amount and as such, until and unless, the rest of the