Allowed

Andhra Bank v. M/S Sun Agrifresh Industries Pvt. Ltd.

DRT4 Aug 2026TA/1103/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's recovery application, directing respondents to pay the outstanding sum of Rs. 22,04,43,874.15 with interest and costs jointly and severally within 10 days.

What did the court decide?

Directing defendants to pay Rs. 22,04,43,874.15 with interest and costs; directing recovery from sale of mortgaged/hypothecated assets.

Andhra Bank versus M/S Sun Agrifresh Industries Pvt. Ltd. — Execution and Attachment | DRT (2026)

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Before SUSHIL KUMAR RASTOGI, Presiding Officer Debts Recovery Tribunal-Il, Delhi

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TA No.1lO3 OF 2022

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ANDHRA BANK VS M/S SUN AGRTFRESH INDUSTRIES PvT LTD &ORS

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Reserued on =^OL.O7.2O26

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Pronounced on : O4.O8.2O26

Andhra Bank

-Applicant bank

VS.

M/s Sun Agrifresh Industries Art Ltd

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Mr. Nilesh Kumar Singh

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Mr. Ritesh Kumar Pundir

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Mr. Rodrick Gilbert

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Mr. Jitendera Kumar Chaddha

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Mrs. Pankaj Rani 7. Mr. Sudesh

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Mr. V'rjay Grover

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Mr. Ashok Bhatt - Defendants

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Present: Ms. Sonu Choudhary Counsel appears for applicant bank. None for defendants.

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FINAL ORDER

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This original application has been filed by the applicant bank, on 30.11.2018 through Shri. G. Ganesh, Assistant General Manager of the applicant banlg under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.22,04,43,874.t5 together with cost, charges and Ren-denSllite and future interest -Q,.,

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TANO. lt03 of 2022

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@14.10o/o^{p.a. from date of filing of this O.A. till the} realization in full.

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The brief facts of the case are that at^{the request} of defendant no.1 through^its directors,^{guarantorsi'e.,} defendant nos.2 to 8, the applicant^{banksanctioned an} Open Cash Credit^{(Renewal-cum-enhancement)of} Rs.22.50 Crores for a^period of one^{year and Bank} Guarantee (fresh) of Rs.2.50^{Crores for period of three} years, vide sanction letter dated 30.12.2015'^The defendants executed all^{necessaryloaning documents on} 01.09.2015, 30.12.2015 and^{30.10.2017.Hypothecated} by way of first charge^{in favour of the bank all the goods,} stocks, raw-materials,^{finished and unfinishedgoods, all} kind of movable^{property such as plant, machinery,} fixture, fittings etc. and^{all other things and articleslying} at their^{godowns and} the^{retail outlets of the defendant} no.l. The defendant^{nos.2 to 7 mortgagedthe properties} i.e., (a). Residential flat^{belongingto defendantnos.2 &} 6, situated at^{Flat No.507 HIG, 5E Floor, Block No. Y1,} Sector D-6, Vasant^{Kunj, New Delhi and bounded by} East., West., North., South.^{(b)' Residential belongingto} defendant no.4, situate at^{Residential Land and Building} bearing Near Macdonald,^{New Delhi-110007and} bounded by East other^{propefi, West otherproperty,} North 20 FT Wide^{Road,South15 FT Wide Road in favour} of the applicant^{bank. (c). Industrialbelonging to} defendant no.1,^{situated at Industrial Land and Building} at Khasra Number^{1431622,BawanaKanjhawala Road,} Near Police Station &^{Electric Sub Stattion, Kanjhawala,} Delhi-8l and bounded by^{East Industrial Plot No.621,} West Industrial Plot^{No.623,North 41 FT WideRoad,} South Industrial^Plot I1o.630.---L (d). Residential flat (A,

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TANO. 1103of2022 3

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belonging to defendant no.5, situated at Residential Flat No.C-601, Aruind CGHS Ltd, Plot No.9, Sector-l9B, Dwarka, New Delhi-l10075 and bounded by East., West., North., South. (e). Residential belonging to defendant no.7, situated at Residential Land and Building Bearing No.41, (admeasuring 207 Sq. mts), Block -C, Pocket-8, Sector-17, Dwarka, New Delhi-110078 and bounded by East Plot No.42, West Plot No.40, North 12 Mtrs Road, South Plot No.6 in favour of the applicant bank. (f). Residential belonging to defendant no.2, situated at Plot No. A-78, Area Measuring 138.02 Sq. Mts. Uday City Colony, Khasra No.252 Min, Village Mukarrabpur, Palheda, Pargana Daurala, Tehsil-Sardhana, District Meerut, Uttar Pradesh and bounded by East 8.23 Mtrll2 Mts wide Road, West 8.23 MIr/HNO-A60, North 16.77 Mtr/H No. A77, South 16.77 MtrlH No. A79. (G). Residential belonging to defendant no.2, situated at Plot No. A-79, Area Measuring 138.02 Sq. Mts. Uday City Colony, Khasra No.252 Min, Village Mukarrabpur, Palheda, Pargana Daurala, Tehsil-Sardhana, District Meerut, Uttar Pradesh and bounded by East 8.23 MtrlL2 Mts Wide Road, West 8.23 MIr/HNO-AS9, North 16.77 Mtr/H No. A78, South 16 in favour of the applicant bank.

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It is fufther submitted that the defendants enjoyed and utilized the Loan facilities, but failed to maintain the financial discipline and failed to repay the due amounts. The applicant bank requested the defendants to regularize the loan account by visits and letters, but there was no response from the defendants. Hence, the account was classified as NPA dated 31.01.2018. The applicant bank served a demand notice dated 13.06.2018 to the defendants but failed to recover the same Thus, SA

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TANO. 1103 of 2022

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the present O.A.ff.A. is preferred by the applicant bank to recover its dues.

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On notice by this Tribunal, defendants put appearance through counsel but failed to file written statement and the right to file written statement of defendants was closed vide order datd 22.L2.2025.

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The applicant bank has filed documents as Annexure - A to Annexure -F, which have gone unchallenged and un-rebutted. Hence, the case of the applicant stands fully established against the defendants with respect to nonpayment of outstanding amount.

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After perusing the records, this Tribunal is of the view that the applicant bank has proved its case beyond reasonable doubts. The documents flled by the applicant bank not rebutted by the defendants by not placing any evidence and there is no question of disbelieving the documents filed by the applicant bank based upon the wriften/printed documents.

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In the light of the above discussions, the present T.A. deserves to be allowed.

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ORDER

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I hereby allow this T.A. of the applicant bank and direct the defendant nos.1 to 9 to^{pay jointly} and severally to the applicant bank within 10,days from today, a sum g.)\ .)

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TA NO. ll03 of 2022

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of Rs.22,04,43,874.15a1on9 with^{cost, expensesand} interest @13.50% from the date^{of filing of this O'A.} which has become T.A till the^{date of realization.}

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In case of failure to deposit^{the aboveamount} within the stipulated^{period,the sameshall be recovered} from the sale of hypothecated^{assets and the sale of} mortgaged^property i.e.,^{(a). ResidentialFlat bearing} No.507 HIG, 5t' Floor,^{Block No. Y1, Sector D-6, Vasant} Kunj, New Delhi^{(b). Residential Land and Building} bearing Near Macdonald,^{New Delhi-l10007and} bounded by East other^{property, West otherproperty,} North 20 FT Wide Road,^{South15 FT Wide. (c). Industrial} Land and Building at^{Khasra Number7431622, Bawana} Kanjhawala Road, Near^{PoliceStation & Electric Sub} Stattion, Kanjhawala,^{Delhi-8l and bounded by East} Industrial Plot No.621,^{West IndustrialPlot No.623, North} 41 FT Wide Road, South^{IndustrialPlot No.630. (d).} Residential Flat bearing^{No.C-601,Aruind CGHS Ltd, Plot} No.9, Sector-19B, Dwarka,^{New Delhi-110075 (e)'} Residential Land and^{Building Bearing No'41,} (admeasuring 207 Sq. mts),^{Block -C, Pocket-8, Sector-} 17, Dwarka, New^{Delhi-l10078and bounded by EastPlot} No.42, West^{Plot No.40,North 12 Mtrs Road, South Plot} No.6 in favour of^{the applicantbank' (f). Residential Plot} No. A-78, Area^{Measuring138.02 Sq. Mts. Uday City} Colony, Khasra^{No'252 Min, Village Mukarrabpur,} Palheda, Pargana^{Daurala, Tehsil-Sardhana,District} Meerut, Uttar^{Pradesh and boundedby East 8'23Mtr/12} Mts wide Road,^{West 8.23 MIr/HNO-A60,North 16'77} Mtr/H No.A77,^{South L6.77 Mtr/H No' A79' (G)'} Residential^{'Plot No. A-79, Area Measuring 138'02 Sq'} Mts. Uday City^Colony, ,[hlttu^{No.252 Min, Village} e^,

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TANO. 1103of2022 6

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Mukarrabpur, Palheda, Pargana Daurala,^Tehsil- Sardhana, District Meerut, Uttar^{Pradeshand boundedby} East 8.23 MtrlL2 Mts Wide Road, West 8.23^Mtr/HNO- A59, North 16.77 MtrlH No. A78, South^{16. In case of} shoft fall, the same shall be recovered from^{the sale of} personal movable and immovable assets of the defendant nos.1 and 2.

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Recovery Certificate be issued forthwith^{and be sent} to Recovery Officer, Debts Recovery Tribunal-Il,^Delhi.

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The registry of this Tribunal is^{hereby directedto} issue free copy of the order and^{send the same to both} the^parties.

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Parties are directed to appear^{before the Ld.} Recovery Officer, DRT-II,^Delhi on^{05.10.2026.Pending} IAs, if any, stand disPosed of.

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File be consigned to records.

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,<}

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(susHIL fuMnRt[ASrocD PRESIDING OFFICER DRT-II, Delhi

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Date : 04.08.2026

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This^judgement has been^{signed, dated and}

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pronounced in oPen court.

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Date : 04.08.2026

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s". (susHrl KUMAR ilqsTOGI) PRESIDING OFFICER DRT-II, Delhi

Andhra Bank v. M/S Sun Agrifresh Industries Pvt. Ltd.

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Andhra Bank v. M/S Sun Agrifresh Industries Pvt. Ltd.

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