Allowed

Bank of Maharashtra v. M/S Rohan Sons Inc.

DRT7 Mar 2026OA/459/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's original application for recovery of dues against the defaulting defendants. The court proceeded ex-parte after the respondents failed to appear and proved the banking documents, directing payment of the outstanding sum with interest.

What did the court decide?

Directed defendants to pay Rs.26,73,992.63 with interest within 30 days and issued recovery certificate to the Recovery Officer.

Bank of Maharashtra versus M/S Rohan Sons Inc. — Specific Performance | DRT (2026)

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O.A. NO.459 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. 459 of 2024

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Bank of Maharashtra F-1-2, DDA Shopping Centre Mayur Vihar, Phase-1, Delhi-110091 �Applicant

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Versus

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M/s Rohan Sons Inc Through its Proprietor M/s Rohan Srivastava

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X-1688, First Floor, Rajgarh Colony Gandhi Nagar, Delhi-110031

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Also at:

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M/s Rohan Sons Inc

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23, Gagan Vihar, 3rd Floor Krishna Nagar, Delhi-110051

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Sh. Rohan Srivastava Proprietor of M/s Rohan Sons Inc X-1688, First Floor, Rajgarh Colony Gandhi Nagar, Delhi-110031

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Also at:

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Sh. Rohan Srivastava 23, Gagan Vihar, 3rd Floor Krishna Nagar, Delhi-110051

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Also at: Sh. Rohan Srivastava 178/6, Gali no.5, Behlol Pur, Sector-5, Noida, UP-201301 Defendants

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Present: Mr. Rakesh Singh, Counsel for the applicant bank

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Date of Reserve: 17.02.2026

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Date of Pronouncement: 07.03.2026

O.A. NO.459 of 2024

FINAL ORDER

This original application has been filed by the applicant bank on 11.07.2024 through Shri Deepak Kumar, authorized representative of the applicant bank, under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.26,73,992.63 (Rupees Twenty Six Lacs Seventy Three Thousand Nine Hundred Ninety Two and paisa Sixty Three only) as on 29.05.2024 together with pendentelite and future interest @11.55% per annum with monthly rests from 29.05.2024 till the date of realization and costs. Further, the name of Ms. Parijat Krishan was substituted as authorized representative in place of Sh. Deepak Kumar, authorized representative of the applicant bank.

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The brief facts of the case are that at the request of defendant no.2 as proprietor of defendant no.1 vide application dated 08.02.2022, the applicant bank sanctioned Credit facility for a sum of Rs.25,00,000/- (Rupees Twenty Five Lacs only) on 09.02.2022 @8.30% per annum with monthly rests under Mahabank GST Credit Scheme for working capital against hypothecation of stock of books and book debts. Further, on the request of the defendants, the applicant bank renewed the credit facilities on 02.03.2023.

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That in order to avail the loan facility, the defendants submitted loan application/request letter and executed Letter of Proprietorship (New AX-3), Sanction Letter, Demand Promissory Note (New DO-1), Application / Request letter for making Credit Facility (New AX4), Letter of Undertaking, Composite Deed of Hypothecation (New HP1) and Power of Attorney (New DO-6) in favour of the applicant bank on 14.02.2022.

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O.A. NO.459 of 2024

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It has been submitted by the applicant bank that after availing the loan facility, the defendants failed to comply with the terms and conditions and failed to pay the outstanding dues in time to the applicant bank. The applicant bank issued demand notice dated 02.02.2024 and classified the account as NPA on 29.04.2024 as per RBI guidelines and but defendants neglected the same. Hence, the applicant bank has approached this Hon'ble Tribunal for recovery of their dues.

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Notices of this O.A. were issued to the defendants and despite proper service the defendants have chosen to absent from the proceedings. As per order dated 15.12.2025, the defendants have been proceeded ex-parte as not appeared before the tribunal and failed to file written statement, evidence and affidavit of assets.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Deepak Kumar, authorized representative of the applicant bank who has proved the documents such as Board Resolution, Letter of Proprietorship, Sanctioned Letter, Demand Promissory Note, Application/ Request Letter, Letter of Undertaking, Composite Deed of Hypothecation, Power of Attorney, Renewal Note cum Sanction, NPA Certificate, Demand Notice, Statement of Account, NPA Status Report, Certificate of Statement of Account under Banker's Books Evidence Act, Balance Confirmation Certificate, Certificate under Section 2A of Banker's Books of Evidence Act and Certificate under Section 65B of Evidence Act marked as Ex.AW-1/1 to Ex.AW-1/17.

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The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the Sd-

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O.A. NO.459 of 2024

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applicant bank is based on the documents and the same have been duly proved.

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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.

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ORDER

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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.26,73,992.63 (Rupees Twenty Six Lacs Seventy Three Thousand Nine Hundred Ninety Two and paisa Sixty Three only) as on 29.05.2024 together with pendentelite and future interest @11.55% per annum with monthly rests from 29.05.2024 till the date of realization, failing which the aforesaid amount shall be recovered from the sale of hypothecated stocks and book debts etc. In case of shortfall, the same shall be recovered from sale of movable and immovable property of the defendants.

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

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(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 06.05.2026.

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O.A. NO.459 of 2024

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

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� 1-15- (GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 07.03.2026

Bank of Maharashtra v. M/S Rohan Sons Inc.

Case brief

What is this about?

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Bank of Maharashtra v. M/S Rohan Sons Inc.

Case brief

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What did the court decide?

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