Allowed

Punjab National Bank v. Ms Keshwa Agency

DRT17 Sept 2024OA/382/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Patna, allowed an application by Punjab National Bank to recover the outstanding loan. The Tribunal proceeded ex-parte against absent defendants, determined the liability, and issued a Recovery Certificate for Rs. 32.88 lakhs with interest.

What did the court decide?

Recovery Certificate issued for Rs. 32,88,655.74 with interest, joint and several liability, and attachment of secured assets for recovery.

Punjab National Bank versus Ms Keshwa Agency — Banking and Recovery | DRT (2024)

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OA 382 of 2023 1 .Jl

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DRT. PATN A

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Debts Recovery Tribunal, Patna Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

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Presiding Officer : Shri KaushalendraYadav

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OA Case No. 382of 2023

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Punjab National Bank. MDDM Branch. District-Muzaffarpur

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Applicant

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Vs.

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M/s Keshaw Agency through its proprietor Vevi Devi a,Baby Thakur w/o Sanjiv Kumar registered office of Ram Thakur Market, Zeromile Ahiyapur. District-Muzaffarpur .

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Vevi Devi @ Baby Thakur W/o Sanjiv Kumar. R/o Rama That<ur Complex. Near Petrol Pump Ahiyapur.District-Muzaffarpur-842001. PAN no. AZEFPTO 1 39.J.

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Neelam Thakur W/o Late Ramu Thakur R/o Rama Thakur Complex. Near Petrol Pump Ah iyapur,District-Muzaffarpur-842001 PAN no. ADKPTO 1 47.J.

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. . . . . . . Defendants

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Present:

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For the Applicant : Shri S.K. Tiwari. Advocate For the Defendants : None

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Dated: 17.09.2024

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JUDGMENT

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The Applicant bank has made this application u/s 19 of the Recovery of Debts and Bankruptcy Act. 1993 (here-in-after referred to as Act) on9.8.2023 against the defendants to recover its debts from defendants of Rs.32.88.655.74as on30.6.2023 along with pendente-lite and future interest (ii. 12.20% p.a. with monthly rests from 1.7.2023 with costs till realization.

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The application has been filed with the contention that the applicant bank. is a body corporate. constituted under the banking companies ( Acquisition and Transfer of Undertaking) Act- 1970 having its head office at Plot no. 4 sector 10, Dwarka New Delhi-1100075 and Branch Office at MDDM. District-Muzaffarpur.

¶19

Defendant no. 1 is proprietorship Hrm defendant no. 2 is proprietor and defendant no. 3 is guarantor. Defendant no. 1 through proprietor defendant no. 2 approached the bank for grant of cash credit loan of Rs.25 lakh. which was sanctioned by the bank on 2.6.2016. Defendants executed the various loan

OA 382 of 2023 IJ I

DRT, PATN A

documents and defendant no. 3 also created equitable mortgage of property details give at page 18 in schedule-A of OA.

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After availing the sanctioned credit facilities defendants became irregular in repayment of their dues as per agreed terms and failed to adhere to the financial norms of the bank and avoiding the repayment of its dues to the bank. in spite of several assurances given by it to the applicant bank resulting in the account turning as NPA on3 1 .3.202 1

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Since. the defendants failed and neglected in spite of several reminders to make payment of the dues recoverable to the bank. hence this application has been fIled by the bank.

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The total liability in the loan account is Rs.32,88.655.74with pendentelite and future interest @ 12.20% p.a. with monthly restsfrom 1.7.2023 till the realization.

¶27

This Tribunal issued summons/notices copies of app]ication & paper book to the defendants by registered/speed post on 15.9.2023. requiring them to show-cause within 30 days of the service U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules, 1993. But the defendants have not appeared. hence. the Registry of this Tribunal has ordered to publish the notice in newspaper and subsequently. substituted service by publication of notice by way of advertisement in newspaper was also made against the defendants on 9.11.2023 in "Dainik Bhashkar'- newspaper.

¶28

Despite the registered summons/notices and publication of notice in newspaper, the defendants have not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendants to defend their case. but they failed to appear and to file WS. hence. the Tribunal has passed an order to proceed ex-parte against the defendants on 11.1.2024

¶29

To prove its case. the applicant Bank has referred various certified photocopies of documents before this Tribunal. The applicant bank has also given evidence on affidavit by way of affidavit by ShriAjeet Kumar. Deputy Manager of the applicant bank. The details of documents are as follows:

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SI.N' I Description of Date of Amount Signature of 1 Ex./ Documents Execution in Lakh Executants Ann \ (n\

OA 382 of 2023 1 Jl

DRT, PATN A

r-	[ T Photocopies				No.
I	Powerofattorney
a	Loanapplication	1.6.2016	Rs.25lakh	e 1 &2
a-)	Sanctionletter	2.6.2016	Rs.25 lakh
4	Letter of undertaking	2.6.2016	Rs.25 lakh	e I &2
5	Hypothecation of goods and book debts	2.6.2016	Rs.25lakh	e I &2
6	Agreement of guarantee	2.6.2016	Rs.25 lakh	Defendantno. 1 to3	6
7	Consentclause	2.6.2016	Rs.25 lakh	Defendan= 1&2	7
8	Copyofsale deed			Defendantno. 1to3	8
9	a confirmation letter	15.1.2022		1&2 Defendantno.	9
10	e	22.3.2021		Bank	10
11	Demand notice	17.7.2021		Bank	11
12	Statement account T	o o 30.6.2023	8a		II

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8 Heard arguments and perused the case record.

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Ld. Counsel of applicant bank submitted that the defendants have taken the loan and utilized the same and also executed the various loan documents to secure the loan. Further. submitted that the claim of the bank has been proved by documentary evidence. All the transactions were entered in the ledger of the loan accounts in the name of the defendant duly maintained by the applicant bank in its usual course of business. The interest /compound interest has been charged at such rates. and capitalized at such periodical rests as are permitted by and do not run counter to the directives of Reserve Bank of India.

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It is further submitted by Id. Counsel of applicant bank that there is no stay granted by any Higher Court. in respect of the proceedings of the present OA and requested to issue recovery certificate. as claimed for, in OA.

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It has been established that defendants are living and carrying on their business in the state of Bihar. Cause of action also arose in the State of Bihar. The said claim on the date of filing of application exceeded Rs.20 lacs, The applicant bank is functioning within the jurisdiction of this Tribunal. Therefore. this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application. \ / _ v\n$

DRT. PATN A

OA 382 of 2023 1.Jl

On the issue of Limitation. to prove it. the applicant bank has submitted that the applicant bank has declared the account as NPA on 3 1.3.202 1. whereas the present application has been filed on 9.8.2023. Even. it is counted for the purpose of Limitation. then it is established that the applicant bank has filed the case within the limitation period. As such. it is established that the present application has been filed well within the period of limitation.

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Shri Ajeet Kumar. Deputy Manager of the applicant bank. has filed the affidavit in support of contents of application and the documents as evidence and proved on oath the pleadings and documents of the applicant bank as stated above

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14 Section 19(3) of the Recovery of Debts and Bankruptcy Act. 1993 provides that the application u/s S.19 ( 1 ) shall be accompanied with true copies of all the documents relied on in support of the claim.

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The rule 12 (10) of the Debt Recovery Tribunal (Procedure) Rules. 1993. provides that if the defendant denies his liability to pay the claim made by the applicant. the tribunal may act upon the affidavit of the applicant who is acquainted with the facts of the case or who has on verifIcation of the record sworn the affidavit in respect of the contents of the application and the documents as evidence.

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The rule 12 (11 ) of the aforesaid Rules. provides that the provisions contained in section 4 of the Banker-s Books evidence that Act. 1891 (18 of 1891) shall apply to a certified copy of an entry in a Banker's Books furnished along with application filed under sub section 1 of section 19 by the applicant.

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Section 4 of Banker’s Books evidence Act, 1891 runs as underS.4. Mode of proof of entries in bankers’ books.–Subject to the provisions o.f this Act. a cerli.fled COPY of a//y entrY in a banker’s hot)k shall in all legal proceedings be received as prima facie evidence of the existence of such entry. curd shall be adnlitred as evidence of The nratlers. transactions and accounts therein recorded in ever' case \there. and to I IIe sturre exlenl CIS, the original enlr\’ itself is /lo It' bY lcr\t cldnrissible. huI noI fUrther or otherwise.

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As such the certified true copies of the documents are admissible in evidence. The statement of account maintained in the ordinary course of business is not only admissible but shall be taken as the correct statement ol account. more so since the entries in the statement of account have not been challenged

OA 382 of 2023 1 Jl

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On perusal of the application, documents, affidavit and on consideration of the arguments. it is proved that the defendants have applied for loan and the bank had sanctioned the loan and to secure the loan and for repayment of loan amount with interests etc.. the defendants have executed various loan documents. as stated in the application and proved by aforesaid evidence. Defendants have neither denied the utilization of fUnds advanced by applicant bank nor have pointed out any specific error and discrepancy in the Statement of Account.

¶53

The evidence discussed above goes to establish that the amount of loan as mentioned in the O. A.. was availed by the borrower under the agreed terms and conditions for repayment with interest. The balance amount till 30.6.2023 has been proved to be Rs.32.88.655.74 only by way of statement of account. There is nothing to prove the amount more than that disclosed in the aforementioned statement. As such this amount is recoverable till full and fInal realization of the claim

¶54

In my view. facts of the case stand proved by evidence of the applicant bank. Accordingly. the applicant bank is entitled to recover from defendants jointly and severally of Rs.32.88.655.74along with pendente-lite and future interest @ 12.20% p.a. with compounded monthly rests from 9.8.2023 ( The date of Bling of this OA) till realization. So the final order may be passed accordingly. to meet the ends of justice.

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ORDER

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In the result. the application of the applicant bank is allowed and debt is determined with costs against the defendants. The defendants are hereby jointly and severally. ordered to pay the applicant bank its debt amounting toRs.32.88.655.74along with pendente-lite and future interest @',12.20 % p.a. with compounded monthly rests from 9.8.2023(The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

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It is made clear that any amount deposited by the defendants. be deducted in the claim amount. if not deducted.

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Defendants are debarred from transferring. alienating encumbering or otherwise dealing with or disposing of the mortgaged or hypothecated or any other properties and assets without paying the aforesaid adjudicated dues to the applicant bank to secure the ends of justice. The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to Sq

OA 382 of 2023 IJ I

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the final order under the recovery proceedings in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993. The applicant may submit the certified copy of this Judgment and the Recovery Certificate before the Registrar/Sub- Registrar to endorse the charge over the secured assets

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Let a certificate of recovery be drawn up forthwith and put up for signatures in terms of provisions contained in Section 19(22) of the Act to be issued. on the basis of the order of the Tribunal to the Recovery Officer. The Recovery Officer shall realize the amount as per the certificate in the manner and mode prescribed under the Act from the defendants. by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendants.

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Parties are directed to appear before the Recovery Officer. DRT. Patna on 4.11.2024. The order be communicated accordingly.

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Judgment signed. sealed. dated and pronounced in the open court on 17tl'day of September. 2024.

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Ye
r .oH _'~
\i, X _ . bP- :>

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Dictated &corrected by me.

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[KaushaKndraYadav] Presiding Officer Debts Recovery Tribunal. Patna

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FORM NO. 9 [See Regulation 24( 1 )]

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DEBTS RE('O'ER- TRIBU NAL PA'FN A

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2nd Floor, ( A' B & F Wing) Karpuri Thakur Sudan. Kendriya Karamcharl Paris,Ir {GPOA), Ashiana Digha Road, Patna-800025

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l{F,(’O'ER\ CEltl'IFI(:ATE UNDER SE(’TIt) X 19(7) READ WITH SF.( -TIOX 19(22) OF THE RECO'ERY OF DEBTS & B.\NKRUPTC'\ '\C-T, 1993, AS ,\1 ENDED FRC)NI TIME TO TIME.

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RC No, 189/2024 IN

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Case No: OA/382/2023

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III the Matter IIt (CH- I ) PLi N.IAB N ATioNAL BANK NIDDM BRAN(' II MUZAFFARPUR .BIHAR -0

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Applicant(s)

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(CD- I) MS KESHWA AGENC'Y Through its proprietor Vevi Devi alias Baby Thakur w o Sanji\ Kumar. Registered Oftlce of Ram Thakur Market. Zerolni le Ahiyapur. Mu7atlhrpur .BIHAR

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(CD- 2) VF\’I DEVI at' BABY THAKUR \V/o SAN JI \’ KUMAR. R/O RAMA TH AK UR C-oMPLEX, NEAR PETROL PUMP AHI\’APUR, DISTRICT- MUZAFFARPUR. PIN- 842001

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Defendant(s)

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( C-D- 3) NFlILANI THAKU R U’/O LATE RAML T THAKUR. R/O RANI A TlIAKLiR C-oM PI'1: X. N I' /\ R PF’i'ltOL+ PU MP AHI\’APL JR. DISTRI(’T- MLIZAFFARPUR. PIN- 84200

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Recovery Certitlcatc for Rs 3288655.74 [ Rupees Thirty T\yo Lakhs EigUy Eight Thousands Six Hundred Fifty Five And Pajge Seventy Four onI\ I

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In terms of final order dated 17/09/2024 passed by this Tribunal in the above mentioned case, it is ordered that the ' Applicant CertiHcdte Holder Bank is entitled to recover a sum of Rs. 3288655.74 along with cost, expenses and interest from the 09/t)8/2023 i.e. date of filing / with effective date of the OA/382/2023 and future interest from order date till the date of realisation in full, jointjy or severally from the CertifIcate Debtors. hereinafter referred to as:-

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CDName	Int Type/VIncI	Int. Rate	Effective Date	Order Date	It(Rs.) ,\mo	Liability ype	as onO	RC Amount(Rs.)
4SKliSH\’A GEN('*Y		1 2.20	()8/20:3	17/09 -:024	13:88655.7+	intly And liv V	InOrder	b288(155.74
EVIOFVI '.Ii BAB<br>AKL’R	Ipc)und i(Monthty)	'	:023 ''”	"“ 17/09'2024	13288655.74	lointly And IIly		288655.74
NEELANf ]AKL-R	rE::	i:: =	:	17/09/2024	=; 188655.74	lntly And ;everally		b288655.74

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In case of failure to pay the aforementioned adjudicated amount u'ithin 30 days, same shall be recovered from the sale of the mortgaged/hypothecatcd assets as well as other personal movable/ Immovable assets of the certificate debtors

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The mortgaged or hypothecatcd assets to secure the loan in question are hereby attached and shall be subject to the fInal order under the recovery proceeding in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1 993

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Parties are directed to appear before NIANOJ KUNI AR . Recovery OHlcer, DEBTS RECOVERY TRIBUNAL PATNA on 04/11,''2024.

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The Recovery Oftlccr shall realize the amtlunt as per this ('crtiHcatc in the manner and mode prescribed under Sections 25 to :8 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certitlcate Debtors,

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This C-ertitlcate has been issued under my signature and seal of the Tribunal on this 18/09/2024

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. iI,Mg4:.Patna

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PRESIDING OFFiCER DEBTS RECOVERY TRIBUNAL PATNA

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FORM NO. 10 [See Regulation 24(2)]

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DEBTS RE(10VER\F TRIBUNAL PATN-A

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2nd Floor. ( A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025 .

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SCHEDULE TO RECOVERY CERTIFICATE MENIO OF COSTS

RC No. 189/2024

Case No: OA/382/2023

Applicant(s): PUNJAB NATIONAL BANK Versu€

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Defendant(s): M/S KESHWA AGENCY AND OTHERS

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Item ofCosts	tountinRs.
Feeonthe application	!350 iIO
ProcessFees(Inc. Publication)	Fo
.,\dvocateFees	bc
Commissioner/Receiver/Valudtion/SecurityFee	b
MiscellaneousCharges	[0
TotalCosts:Rs	HeIM

Place: PATNA

Date: 1 8/09/2024

PRESIDING b£fFICER DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

Punjab National Bank v. Ms Keshwa Agency

Case brief

What is this about?

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Punjab National Bank v. Ms Keshwa Agency

Case brief

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