The DRT allowed State Bank of India's original application for recovery of Rs. 65,15,741/- plus interest from defendants who defaulted on a cash credit facility. The defendants proceeded ex-parte.
Order to pay Rs. 65,15,741/- with future interest at 12% p.a. and costs; failure to pay permits recovery from sale of hypothecated/mortgaged assets.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
T.A. No. 1958 of 2022
Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma
T.A. No.1958 of 2022
State Bank of India
(e-State Bank of Patiala)
Stressed Asset Recovery Branch-I First Floor, 23, Najafgarh Road New Delhi-110015 Applicant
Versus
1.Sh. Satbir Singh Bindra s/o Late Sh.Jit Singh Bindra Proprietor of M/s Bindra Shoes Shop no.13/2369, Ground Floor
Gali no.13, Beadon Pura Karol Bagh, New Delhi-110005
Also at:
Shop no.14/2369, Gali no.14, Ground Floor, Beadon Pura, Karol Bagh, New Delhi-110005
Also at:
Shop no.3390, Ground Floor Desh Bandhu Gupta Road, Regharpura, Karol Bagh, Near Khalsa College New Delhi-110005
Both Defendants at:
J-16, 2nd Floor, Kirti Nagar New Delhi-110015
Also at:
69A, First Floor Kirti Nagar, New Delhi-110015 Defendants
Present: Shri J.P.Gupta, Counsel for applicant bank
5d--
T.A. No. 1958 of 2022
Date of Institution: 19.09.2018
Date of Pronouncement: 19.04.2025
FINAL ORDER
This original application has been filed by the applicant bank before DRT-III, Delhi on 19.09.2018 and then transferred to DRT-1 through Ms.Venu Bhargawa, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of a sum of Rs.65,15,741/- (Rupees Sixty Five Lacs Fifteen Thousand Seven Hundred Forty One only) along with pendentelite and future interest @12.40% per annum with monthly rests and penal interest @2% per annum from the date of filing this application till the date of realization along with costs. Further, the name of Ms Manoj Kumar was substituted as authorized representative in place of Venu Bhargawa and Sh.Pawan Kumar Sinha, erstwhile ARs for the applicant bank.
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T.A. No. 1958 of 2022
T.A. No. 1958 of 2022
hence the applicant bank has approached this tribunal for recovery of its dues.
T.A. No. 1958 of 2022
Letter (Form no.SME-8) Ex.AW-1/13(OSR), Affidavit Ex.AW1/14(OSR), Arrangement Letter Ex.AW-1/15(OSR), Notification Ex.AW-1/16(0SR), Letter dated 10.08.2017 Ex.AW-1/17(0SR), Letters Ex.AW-1/18 to Ex.AW-1/20, Notice u/s 13(2) Ex.AW1/21(Colly)(OSR), Common Reply Ex.AW-1/22(OSR), Letter Ex.AW-1/23, Symbolic Possession Notice Ex.AW-1/24, Legal Demand Notice Ex.AE-1/25, Statement of Account Ex.AW1//26(Colly), Calculation sheet of Accrued Interest Ex.AW1/271Calculation Sheet of Accrued Penal Interest Ex.AW-1/28, Statement of Stocks and Book Debts Ex.AW-1/29(OSR), Letter dated 10.07.2018 Ex.AW-1/30(0SR).
10.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 approved.
11.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.
•<c-1't
T.A. No. 1958 of 2022
rates of interest globally and domestically, I am of the opinion that interest of justice will be served if the interest at the rate of 12% p.a. is awarded.
ORDER
I, allow this OA and direct the defendants to pa/ to the applicant bank, jointly or severally, within a period of 30 days, a sum of Rs.65,15,741/- (Rupees Sixty Five Lacs Fifteen Thousand Seven Hundred Forty One only) together with pendentelite and future interest @12% per annum from the date of filing this application till the date of realization and costs; failing which the aforesaid amount shall be recovered from the sale of hypothecated stock, book deLts and mortgaged property i.e. Shops No.1 & 4, Ground floor, forming part of Property bearing Municipal no.3420, Gali no.1-2, Plot no.12, Khasra No.2950/2315, Block-R, situated at Regharpura, Karol Bagh, New Delhi-110005. In case of shortfall, the same shall be recovered from the 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 18.06.2025.
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T.A. No. 1958 of 2022
(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.
(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI
(Dictated and pronounced in open court) Dated: 19.04.2025
7
1 issue framed by the court
Whether the debt recovery tribunal should allow the original application filed by SBI for recovery of dues along with interest.
Colour shows how this judgement treated each authority
Central Bank of India Vs. Ravindra & OthersReferred¶43
Central Bank of India Vs. Ravindra & Others
State Bank of India
Satbir Singh Bindra
Gurpreet Kaur
Govind Ballabh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
