Allowed

Ujjivan Small Finance Bank Limited v. Ms Urban Whiz

DRT5 Jun 2026OA/374/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant bank's original application for recovery of dues totaling Rs. 30,51,995/- along with interest, as the defendants were absent and the bank's documentary evidence was unrebutted.

What did the court decide?

Direct recovery of Rs. 30,51,995/- plus interest and costs from respondents' movable and immovable properties upon sale if unpaid within 30 days.

Ujjivan Small Finance Bank Limited versus Ms Urban Whiz — Execution and Attachment | DRT (2026)

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O.A. No. 374 of 2024

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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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O.A. No.374 of 2024

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Ujjivan Small Finance Bank Ltd. Regional Office, D-7, 2nd & 3rd Floor GMTT Building, Sector-31 Noida, UP-201301

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Applicant

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Versus

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M/s Urban Whiz

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Through its proprietress Mrs.Manju Shop No.5, T-134, Tukhmirpur Delhi-110094

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Mrs.Manju

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Proprietress of M/s Urban Whiz House No.41, First Floor, Gali No.1 Samrat Gali, Khajoori Khas, Dayal Puri, Near Hero Showroom, Delhi-110094 Defendants

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Present: Shri Girish Verma, Counsel for the applicant bank

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Date of Reserve: 19.05.2026

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Date of Pronouncement: 05.06.2026

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FINAL ORDER

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This original application has been filed by the applicant bank on 24.05.2024 through Sh.Nitish Saxena, 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.30,51,995/- (Rupees Thirty Lacs Fifty One Thousand Nine Hundred Ninety Five only)

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5d-

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O.A. No. 374 of 2024

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as on 07.05.2024 along with pendentelite and future interest @13% interest with monthly rests from the date of filing this application till the date of realization along with costs.

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The brief facts of the case are that on the request of the defendant no.1 through defendant no.2 as its proprietress vide loan application dated 08.03.2022, the applicant bank sanctioned Overdraft facility of Rs.30.00 Lacs (Rupees Thirty Lacs only) for working capital requirement on 06.05.2022 @8.40% interest per annum subject to change from time to time along with 3% penal interest over contractual rate of interest in case of default against exclusive first charge over hypothecated movable assets created out of credit facility of defendant no.1 covered under CGTMSE scheme.

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In order to avail the credit facility, the defendants submitted Loan Application and executed Loan Agreement, Deed of Hypothecation, D.P.Note, Letter of Continuing Security etc. in favour of applicant bank on 07.05.2022.

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It has been submitted by the applicant bank that after availing the loan facility, the defendants failed to adhere to financial discipline as per terms and conditions of sanction and discharge their obligations required thereby committed breach of basic terms of loan agreement. Ultimately, the account became Irregular despite repeated request for regularization of the account and applicant bank classified the account as NPA on 05.03.2024 as per RBI guidelines and issued recall notice on 07.05.2024 which returned, hence, the applicant bank has approached this Tribunal for recovery of their dues.

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O.A. No. 374 of 2024

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Notices of this O.A. were issued to the defendants and despite of proper service, the defendants have chosen to absent from the proceedings. As per order dated 19.05.2026, the defendant have been proceeded ex-parte as not appeared before the Tribunal and even written statement, evidence and affidavit of assets have not been filed by the defendants.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Sh.Nitin Saxena, authorized representative of the applicant bank, who has proved the documents such as Power of Attorney, Loan Application Form, Sanction Letter, Loan Agreement, D.P.Note (for Overdraft), Letter of Continuing Security, Loan Recall Notice, Postal Receipts, Returned Envelopes, Statement of Accounts duly certified in terms of Bankers' Books of Evidence along with Certificate u/s 2A of the Bankers' Books of Evidence Act marked as Exh.A-1/2 to Exh.A-1/13.

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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.

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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.

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

5-4/—zre

O.A. No. 374 of 2024

ORDER

I, allow this OA and direct the defendants to pay to the applicant bank within a period of 30 days, jointly or severally, a sum of Rs.30,51,995/- (Rupees Thirty Lacs Fifty One Thousand Nine Hundred Ninety Five only) as on 07.05.2024 together with pendentelite and future interest @13.00% 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 moveable assets etc. In case of default/shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.

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(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I1 Delhi.

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(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 04.08.2026.

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(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 05.06.2026

Ujjivan Small Finance Bank Limited v. Ms Urban Whiz

Case brief

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Ujjivan Small Finance Bank Limited v. Ms Urban Whiz

Case brief

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