Allowed

Canara Bank v. M/s Giriraj Tours & Travels Pvt. Ltd.

DRT22 Jan 2026TA/454/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application by Canara Bank against three respondents for recovery of a loan facility amount of Rs. 28,77,7371 plus interest, as the bank proved its case while the respondents failed to rebut the evidence. The application was abated against the fourth respondent who had expired.

What did the court decide?

Directing defendants 1 to 3 to jointly and severally pay Rs. 28,77,7371 with cost and interest within 30 days, and ensuring recovery from hypothecated vehicles or personal assets in case of shortfall.

Canara Bank versus M/s Giriraj Tours & Travels Pvt. Ltd. — 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 No.454 OF 2023

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CANARA BANK VS M/S. GIRIRA'^{TOURS &TRAVEIS PvT} LTD &ORS

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Reservedon 224.L2.2O25

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Pronounced on : 22.01.2O26

Canara Bank

-APPlicant bank

Vs.

M/s. Giriraj Tours & Travels^{hlt Ltd}

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Shri. Sanjay Kumar

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Shri. Satish Kaushik

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Shri. D.N. Kapoor

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Defendants

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Present: Mr. Naman Veer, Counsel^{aPPears for} applicant bank. Defendant nos.1 to 3 are^expartedated 30.04.2025.

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None for LRs of defendant^no.4.

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FINAL ORDER

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This criginal application^{has been filed by the} applicant bank, on^{14.03.2016 throughMrs. Sadhna} Suresh, Senior^{Manager of the applicantbank, under} Section 19 of^{the RDB Act, 1993againstthe defendants} for recovery of a sum of^{Rs.28,77,7371- as on} 08.03.2016 is due^{as debt under cash credit limit} account to the applicant^{bank from defendants with} pendentellite and future interest from^{date of filing of} this O.A. tillthe realization^{in full.}

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5^'

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TANO.454of2023 2

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The brief facts of the case are that at the request of the defendant no.l, the applicant bank sanctioned a Vehicles Loan Facilities i.e., (i). The loan of Rs.17 Lakhs for 5 Indica Cars, vide office note dated 15.05.2013. (ii). The loan of Rs.10.36 Lakhs for 2 Maruti Swift VDI cars, vide offlce note dated 21.10.2013. (iii). The loan of Rs.11.48 Lakhs for Toyota Innova, vide office note dated 20.01.20L4. The Primary securities issued in favor of the applicant bank in consideration of the bank sanctioning the said term loan facility to the borrower was hypothecation of aforesaid vehicles in favour of the applicant bank, whereby all the Motor Vehicles, tools and accessories, already purchased would be referred to as hypothecation vehicles as security for^payment of the loan amount to the bank. It is submifted that the above limits were^permitted on the^{personalguarantee} of the defendant nos.2 to 4.

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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^{wasclassified s NPA on} 16.03.2015. Therefore, the applicant bank^serueda legal notice dated 20.07.2015 to the^{defendantsbut} failed to recover the same. Thus, the^{presentO.Aff.A'} is^preferred by the applicant bank to^{recover its dues.}

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On notice by this Tribunal, defendant^{nos.l & 2} put appearance through counpgl and filed^written fl

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TA NO. 454 of 2023

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statement but failed to file evidence. Thereafter, the defendant nos.l & 2 failed to^put appearance in^the matter. Accordingly, the defendant nos.1 & 2^were proceeded against exparte on 30.04.2025. The defendants no.3 failed to^put appearance^{at all, despite} seruice. Accordingly, the defendant no.3^was proceeded against exparte on 30.04.2025. During the pendenry of the OA, the Ld. Counsel of defendant nos.1 & 2 informed on 09.02.2017 that defendant^no.4 has expired. On 16.10.2025, the Ld.^{counsel for the} applicant bank has made a submission that^{she does} not want to implead the LRs of defendant no.4 as^a party in the present T.A. Therefore, the T.A is abated against defendant no.4, vide order dated^L6.L0.2025. Therefore, no relief can be against^LRs of^defendant no.4 as they have not been impleaded as^{party in the} present O.I/ T.A.

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The applicant bank has^{filedevidenceby way of} affidavit of Mr. Rakesh Kumar,^{Senior Manager of the} applicant bank as Annexure- 2 to^{Annexure-7 which} have^gone unchallenged and un-rebutted.^Hence,the case of the applicant bank stands^{fully established} against the defendants with^{respect to nonpaymentof} 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 evidenceand} documents filed by the applicant^{banknot rebuttedby} the defendants by not^{placing any evidenceand there} is no question of ciisbeliwing the^evidenceand td

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TANO.454of2023 4

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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 against defendant^nos.1 to³ and case against defendant no.4 is abated.

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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 3 to^{pay jointlyand} severally to the applicant bank within 30 days^from today, a sum of Rs.28,77,7371- along with^cost, expenses and interest @13.75olo from the date of^filing of this O.A. which has become T.A till the date of realization. The case against defendant^{no.4 is abated.}

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In case of failure to deposit the above^amount within the stipulated^period, the same^{shall be} recovered from the sale of the hypothecated^vehicles. In case of short fall, the same shall be^{recovered from} the sale of^personal movable and^{immovable assets of} the defendant nos.1 to 3.

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Recovery Certificate be^{issuedforthwith 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 pafties. - jS-'

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TANO.454of2023

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Parties are directed to appear^{before the Ld.} Recovery Officer, DRT-II, Delhion^{23.03.2026.Pending} IAs, if any, stand disposed of.

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File be consigned to records.

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€)'

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Date :22.07.2026

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(SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT-II, Delhi

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This^judgement has been signed, dated^and pronounced in open court.

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Date : 22.01.2026

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SA ( sus H r L ru-r,rnn' niqsroc ) PRESIDING OFFICER DRT-II, Delhi

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Canara Bank v. M/s Giriraj Tours & Travels Pvt. Ltd.

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Canara Bank v. M/s Giriraj Tours & Travels Pvt. Ltd.

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