Allowed

Central Bank of India v. M/S. Vansh Tent & Caterers

DRT19 Feb 2026TA/1801/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application by Central Bank of India for recovery of a loan of Rs. 32,87,309/- plus interest and costs from defendants involved in a catering business who defaulted on an equitable mortgage and hypothecation facility. The Court proceeded ex-parte as respondents were absent.

What did the court decide?

Directed defendants to pay Rs. 32,87,309/- with interest @ 10% p.a. and costs within 30 days; issued Recovery Certificate; assets earmarked for sale in case of default.

Central Bank of India versus M/S. Vansh Tent & Caterers — Banking and Recovery | DRT (2026)

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

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TA I{o.18O1 of 2023

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CENTRAL BANK OF INDIA Vs M/S VANSH TENT & CATER.ERS & ORS.

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Reserued on =^27.OL.2O26 Pronounced on : 19.02.2O26

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Central Bank of India

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-^{Applicant bank}

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Vs.

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M/s Vansh Tent & Caterers

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Shri Sanjeev Kumar Gupta

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Shri Sanjeev Kumar Jain

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Defendants

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Present: Shri S.A. Khan, Counsel appears for applicant bank.

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Defendants are ex-pafte since 17.06.2025.

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FINAL ORDER

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This original application has been filed by the applicant bank, on 29.01.2020 through Shri Ravi Ranjan Srivastava, Manager of the applicant ban( under Section 19 of the RDB Act, 1993 against the defendants for recovery of a sum of Rs.32,87,309/- together with cost, charges and pendentellite and future interest @ 12.15olo 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 defendant no.l is a proprietorship firm deals in catering business and defendant no.2 is the proprietor as well as moftgagor. At the request of the defendant no.2 on behalf of the defendant no.1 the applicant bank sanctioned, on 23.03.2017, a Cash Credit Loan Facility of Rs.26,00,000/for business expansion. In order to avail the said loan facility the defendants have executed various loaning

TANO. l80l of2023

documents dated 22.03.20L7, 23.03.20L7 & 29.03.20t7. Defendants executed an agreement of hypothecation to secure demand cash credit against goods dated 23.03.2077. Defendant no.3 stood as personal guarantor for the aforesaid facility availed by the defendant no.l & 2 and signed and executed continuing guaranteed agreement on 23.03.2017. Defendant no.2 while creating equitable mortgage of the propefi bearing no.RZ-H-7, 2nd Floor, area measuring 50 sq. yds. part of Khasra no.L\l7, situated in the area of village Mizapur, and the colony know as Mahavir Enclave, New Delhi110045, deposited the chain of title documents with the bank.

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It is further submitted that the defendants enjoyed and utilized the Loan facility, 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 on 27.02.2019. Therefore, the applicant bank served a notice U/s 13(2) of the SARFAESI Act on 25.03.2019 and a legal notice dated 19.06.2019 to the defendants, demanding the amount due as on that date, but failed to recover the same. Thus, the present O.A. is preferred by the applicant bank to recover its dues.

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On notice by this Tribunal, defendants failed to put appearance at all, despite publication and accordingly defendants were proceeded against exparte on t7.06.2025. a=

I i I I I I

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TA NO. 1801 of 2023

The applicant bank filed its evidence by^{way of} the affidavit of Shri Ravi Ranjan^{Srivastava, Manager of} the applicant bank as Annexure^{A1 to AnnexureA18.}

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The documentary evidence^filed by^{applicant bank has} gone unchallenged and un-rebutted. Hence, the^{case of} the applicant bank stands^{fully establishedagainst the} defendants with respect to^{non payment of EMI/} outstanding amount.

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After^perusing the^{records,this Tribunalis of the} view that the applicant bank^{has provedits case beyond} reasonable doubts.^{The documents and evidenceflled by} the applicant bank not^{rebutted by the defendants by not} placing any evidence and there is^{no questionof} disbelieving the evidence^{filed by the applicantbank} based upon^{the written/printeddocuments.}

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In the light of the above^{discussions,the present T.A.} deseryes to be allowed^{against the defendant no.1 to 3.}

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ORDER

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I hereby allow^{this O.A. of the ApplicantBankand} direct the defendant^{nos. 1 to 3 to pay jointly and} severally to the applicant^{bank within30 days from today,} a sum of Rs.32,87,309/-^{along with cost, expensesand} interest @ 10olo 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^{same shall be recovered} from the sale of the hypothecated^{assets and sale of the} mortgaged^property bearing^{no.RZ-H-7,2nd Floor,area} measuring 50 sq.^{yds. part of Khasrano't517, situatedin}

s,(

TANO. l80l of2023

the area of village Mizapur, and the colony know as Mahavir Enclave, New Delhi-110045. In case of shoft fall, the same shall be recovered from the sale of personal movable and immovable assets of the defendant no. 1 to 3.

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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 directed to 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 21.04.2026.^Pending IAs, if any, stand disposed of.

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File be consigned to records.

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Date : 19.02.2026

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SA (susHrL KUMAR nlihOcD PRESIDING OFFICER DRT-II, DCIhi

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This judgement has been signed, dated and

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pronounced in open court.

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Date : 19.02.2026

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9, (susHrl KUMAR ilASrOGr) PRESIDING OFFICER DRT-II, Delhi

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Central Bank of India v. M/S. Vansh Tent & Caterers

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Central Bank of India v. M/S. Vansh Tent & Caterers

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