Allowed

Hdfc Bank Limited v. Sudhir Kumar

DRT8 Aug 2024OA/505/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an order of application filed by HDFC Bank seeking recovery of dues from two borrowers. Based on documentary evidence and ex-parte proceedings, the Tribunal determined the debt amount including interest and issued a recovery certificate.

What did the court decide?

Recovery certificate issued for Rs. 26,66,825/- with interest at 10.85% p.a. directed to be realized by Recovery Officer.

Hdfc Bank Limited versus Sudhir Kumar — Execution and Attachment | DRT (2024)

r)RT. PATN A

OA 505 of 2023 IJl

Debts Recovery Tribunal, Patna

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Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

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Presiding Officer : Shri KaushalendraYadav

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OA Case No. 505 of 2023

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HDFC Bank Limited. Branch at 2nd Floor. Rajendra Ram. Plaza, Exhibition Road, Patna.

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. . . . . . .Applicant

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Sudhir Kumar S/o Jagat Rai ( Borrower) New Gosai Tola. Ward No. 20. Danapur Khaguaul, Danapur Cantt., Patna, Bihar-80150 PAN No. JSMPK8097L

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Sunil Prasad S/o Jagat Rai. ( Co-Borrower) New Gosai Tola. Ward No. 20. Danapur Khagaul, Danapur Cantt.. Patna. Bihar- 801503 . PAN No. GPDPP9866M

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. . . . . . . Defendants

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Present:

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For the Applicant : Shri. Prabhakar Nath Rai, Advocate For the Defendants : None

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Dated: 08.08.2024

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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) on 10.10.2023 against the defendants to recover its debts from defendants of Rs.26.66.825/- as on 11.08.2023 along with pendente-lite and future interest at the contractual rate from 12.08.2023 with costs till realization

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The application has been filed with the contention that the applicant bank. is a body corporate. carries on the business and is competent to Ole the suit through various branches including the applicant.

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At the request of the defendants the financial assistance mentioned

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below. was provided to Defendant no. 1 and 2

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SI	Nature of loan	Amount	ROI	Security. if any. by	Sanction
No		(inLakh)		defendants	date

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tell

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epe81elnB O!?In, gun etLeTFRt TBIBBBaB P4n4

OA 505 of 2023 1 Jl

DRT. PATN A

Commercial	10.85	TATAEX210LCSUPER
Equipment	0/6	PLUSEXCAVATOR
RetailLoan
Facility

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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 on 04.07.2023. Thereafter the applicant bank sent legal notice on 12.08.2023 to the defendants but all the notice was completely without any effect.

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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.26,66.825/- with pendentelite and future interest at the contractual rate from 12.08.2023 till the realization .

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This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 28.10.2023 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.

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Despite the registered summons/notices. 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 Hle WS. hence. the Tribunal has passed an order to proceed ex-parte against the defendants on 19.01 .2024

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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 Shri Swapan Patra.

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OA 505 of 2023 1 Jl

DRT, PATN A

Authorized Signatory of the applicant bank. The details of documents are as

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follows :

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of s]NQIDescription Documents Photocopies	1Date of Execution	Amount (in Lakh)	Signature of Executants
Powerofattorney			Bank
Loan application	18.12.2021		Defendants
Agreement for loan andguarantee			Defendants
e
RecallNotice	12.8.2023		Bank
Statement account no	o 11.8.2023	a

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Heard arguments and peruse(i 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.

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DRT. PATN A

OA 505 of 2023 IJl

On the issue of Limitation. to prove it. the applicant bank has submitted that the applicant bank has declared the account as NPA on 04.07.2023. whereas the present application has been filed on 10.10.2023. 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 Bled well within the period of limitation.

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13 Shri Swapan Patra, Authorized Signatory of the applicant bank. has tIled 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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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 Bled under sub section 1 of section 19 by the applicant.

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Section 4 of Banker’s Books evidence that Act, 1891 runs as underS.4. Mode of proof of entries in bankers’ books.–Subject to the pro'iblions of 1 Iris Act, a cerTified copy o.f any entry in a banker 's book shall in all legal proceedings he received as prima facie evidence o.f the existence of such entrY. and shall be admitted as evidence of the malters. transactions and accounts therein recorded in c’l’c’/ I ’ case \there. and To the same extent as. the original entrY itself is now b' la\t admissible, bIll not 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 of account. more so since the entries in the statement of account have not been challenged.

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OA 505 of 2023 IJI

DRT, PATN A

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.

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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 11.8.2023 has been proved to be Rs.26.66.825/- 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.

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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.26,66,825/- along with pendente-lite and future interest @ 10.85 % p.a. with compounded monthly rests from 12.8.2023 (The date of fIling of this OA) till realization. So the anal 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 to Rs.26,66.825/- along with pendente-lite and future interest (a' 10.85 % p.a. with compounded monthly rests from 12.8.2023 (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

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OA 505 of 2023 1.Jl

DRT, PATN A

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 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 Oftlcer. DRT. Patna on 23.9.2024. The order be communicated accordingly.

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Judgment signed. sealed, dated and pronounced in the open coun on 8th day of August, 2024.

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Dictated &corrected by me.

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J Vp1c1):\ $ \qr)/A \LDJv [KaushalendraYadav] Presiding C)fReer Debts Recovery Tribunal. Patna

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

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA),

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Ashiana Digha Road, Patna-8c)acES

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RECOVERY CERTIFICATE UNDER SECTION 19(2) READ WITH SECTION 19(Z) OF THE RECOVERY OF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.

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RC No. 129/2024 IN

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Case No: OA/505/2023

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In the Matter of: (CH- 1) HDFC BANK LIMITED BRANCH AT 2ND FLOOR, RAJENDRA RAM PLAZA, EXHIBITION ROAD, PATNA ,BIHAR -80000 1

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Applicant(s)

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To (CD- 1) SUDHIR KUMAR S/o- Jagat Rai New Gosai Tola, Ward no. 20, Danapur Khaguaul, Danapur Cantt., Patna ,BIHAR -80 1 503

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Defendant(s)

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(CD- 2) SUNIL PRASAD S/0- JAGAT RAI (CO-BORROWER) NEW GOSAI TOLA, WARD NO. 20. DANAPUR KHAGAUL, DANAPUR CANTT., PATNA BIHAR- 801503

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RegQvery Certifigate fOr RS 2666825l00 1 Rupees Twenty Six Lakh S Sixty SiX ThQPsnnd S Eight HUndred Twenty Five OnI)L ]

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In terms of final order dated 08/08/2024 passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs. 2666825.00 along with cost, expenses and interest from the 12/08/2023 i.e. date of filing / with effective date of the OA/505/2023 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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r.no! CDName	Loa Type	InC I Type/Mode	Int. } Rate	Effective Date	lrder Date	Lmount(Rs.)	Liability Type	Interest (as0 Order Date)	RC F Amount(Rs.)	Remark
SUDHLR KUMAR		nterest	10.85 {	12/08/2023 l	08/08/2024:	l2666825.oo	lintly Ly	As Order Ite	1666825.00
IL PRASAD		'om	o.85 g	1 2/08/2023	}8/2024	il2666825.00			1666825.00

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

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The mortgaged or hypothecated 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 1993 . Parties are directed to appear before MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 23/09/2024

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtors.

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This Certificate has been issued under my signature and seal of the Tribunal on this 08/08/2024

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PRESnMNG OFFICER Registrar Debts Recovery Tribunal DEBTS RECOVERY TRIBUNAL PATNA Patn8 Pe+++dIrtq Ottteee '-aIR PtCOVFRt fP1.t+. , +J + 811 q

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FORM NO. 10

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[See Regulation 24(2)]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar

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(GPOA), Ashiana Digha Road, Patna-800025 .

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 129/2024

Case No: OA/505/2023

Applicant(s): HDFC BANK

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Versus

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Defendant(s): SUDHIR KUMAR AND OTHERS

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Item ofCosts	IAmount inRs
ti-aiR>	m9
I
t	@
e
@_scellaneous Charges
Total Costs:Rs.	m9

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Place: PATNA

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PRESIDWG OFFICER

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Date: 08/08/2024 DEBTS RECOVERY TRIBUNAL PATNA

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]N[ o t e : S tr i k e o u t IIvh i c h e v e r i s n o t aP P 1 i cable aRT ::IIIZ : 7::/na +4 PBa

Hdfc Bank Limited v. Sudhir Kumar

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. Sudhir Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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