Allowed

State Bank of India v. M/S Anshu Man Enterprises

DRT29 Jul 2025TA/1008/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal, Delhi allowed the original application filed by State Bank of India for recovery of dues aggregating Rs. 11,97,109.77 with interest against M/s Anshu Man Enterprises, which remained absent.

What did the court decide?

Directed defendant to pay sum of Rs. 11,97,109.77 with interest @9.95% p.a. within 30 days; recovery from sale of assets otherwise; issued recovery certificate.

State Bank of India versus M/S Anshu Man Enterprises — Banking and Recovery | DRT (2025)

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T.A. No.1008 of 2022

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Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

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Presiding Officer: Shri Govind Ballabh Sharma

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T.A. No. 1008 of 2022

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tate Bank of India tressed Assets Recovery Branch-II BI House, 4th floor, 18/4, Arya Samaj road arol Bagh, New Delhi-110005 Applicant Versus M/s Anshu Man Enterprises hrough its Proprietor Sh. Anshuman Aggarwal /o Sh. Gopal Krishna ouse no.1/6429, 2nd Floor ali no.05, East Rohtash Nagar Shandara, New Delhi-110032 Iso at: hop no.163-A, Gali no.16 ratap Nagar-1, Mayur Vihar Metro Station ew Delhi-110091 Iso at: ouse No.D-51,0ffice No.205, First floor hakarpur, New Delhi-110092 Defendant resent: Ms. Jaya Tomar, Counsel for applicant Bank Date of Institution: 19.06.2019 Date of Pronouncement: 29.07.2025

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FINAL ORDER

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This original application has been filed by the applicant nk on 19.06.2019 before DRT-III Delhi, and then transferred

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T.A. No.1008 of 2022

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t DRT-I Delhi, through Shri Naresh Kumar, authorized presentative of the applicant bank under Section 19 of ecovery of Debts and Bankruptcy Act,1993 against the efendant for recovery of a sum of Rs.11,97,109.77/- (Rupees leven Lacs Ninety Seven Thousand One Hundred Nine and aisa Seventy Seven only) together with pendentelite and f ture interest @9.95% per annum with monthly rests from the ate of filing of this application with costs.

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The brief facts of the case are that at the request of defendant, the applicant bank sanctioned Cash Credit (Hypothecation) Facility of Rs.10,00,000/- (Rupees Ten Lacs only) on 31.08.2016 @10.80% interest per annum with monthly r sts under Pradhan Mantri Mudre Yojana, against hypothecation of stocks, assets, etc.

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3 . That in order to avail the said loan facility, the defendant ubmitted Loan Application and executed various documents such as agreement of Loan cum Hypothecation and Letter of rrangement in favour of the applicant bank.

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It has been submitted by the applicant bank that after a ailing the loan facility, the defendant failed to honor its c•mmitments to make the payment of interest/installments due a per terms and conditions of the sanction and failed to

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gularize the account. The applicant bank classified the a count as NPA on 27.11.2017 and issued letters dated 0 .10.2017, 07.11.2017 and 25.05.2018. On 22.05.2018, loan a count of the defendant was transferred to SARB-II at SBI ouse, 4th floor, 18/4, Arya Samaj road, Karol bagh and a Legal d mand notice dated 03.06.2019 was issued to the defendant b t defendant failed to regularize the account. Hence, the a plicant bank has approached this tribunal for recovery of t eir dues.

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T.A. No.1008 of 2022

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Notices of this O.A. were issued to the defendants and espite of proper service, the defendants have chosen to bsent from the proceedings. As per order dated 16.01.2025, t e defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence nd affidavit of assets have been filed by the defendants.

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In order to prove its case, the applicant bank has filed its vidence by way of affidavit through Sh.Naresh Kumar, authorized representative of the applicant bank, who has proved the documents as Gazette dated 02.05.1987 and 22.07.2017 Ex.AW-1/1(Colly), Original application form radhan Mantri Mudre Yojna Ex.AW-1/2, Photocopy of PAN c rd and Aadhar card Mark-A colly, Copy of ITR for the assessment year 2015-2016 Mark B, copy of Form ST-2 by entral Board of Exercise and Customs Mark-C, Letter of arrangement Ex.AW-1/3, Agreement of Loan cum ypothecation Ex.AW-1/4, Consent clause, opinion report and a fidavit Ex.AW-1/5 Colly, Letters dated 04.10.2017 0 .11.2017 and 25.05.2018 Ex.AW-1/6 Colly, Copy of

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igration letter Mark-D, Letter dated 10.06.201 Ex.AW-1/7 Golly, Legal notice dated 03.06.2019 Ex.AW-1/8 Colly, tatement of account Ex.AW-1/9, Details of accrued interest x.AW-1/10, Certificate under Section 65B of Indian Evidence ct 1872 Ex.AW-1/11.

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7 The applicant bank has fully corroborated the averments ade in the O.A. Even otherwise the whole case of the plicant bank is based on the documents and the same have b-en duly proved.

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8 The case filed by the applicant bank gone unrebutted and t ere is no question of disbelieving the case of the applicant

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r.A. No.1008 of 2022

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•ank and the applicant bank has proved its case beyond r asonable doubts.

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

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ORDER

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I, allow this OA and direct the defendant, to pay to the pplicant bank within a period of 30 days, a sum of s.11,97,109.771- (Rupees Eleven Lacs Ninety Seven housand One Hundred Nine and Paisa Severity Seven only) together with pendentelite and future interest @9.95% per nnum with monthly rests from the date of tiling of this pplication till the date of realization failing which the aforesaid amount shall be recovered from the sale of hypothecated stocks, assets, etc. In case of shortfall, the same shall be r covered from the sale of movable and immovable properties •f the defendant.

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

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II) Parties are directed to appear before Recovery Officer, RT I, Delhi on 08.10.2025.

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V) Copies of final order as well as Recovery Certificate be -nt to all concerned free of cost.

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5C1— (GOVIND BALLABH SIURMA) PRESIDING OFFICER DRT-I, DELHI

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• ictated and pronounced in open court) ated: 29.07.2025

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State Bank of India v. M/S Anshu Man Enterprises

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S Anshu Man Enterprises

Case brief

What is this about?

What did the court decide?

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