Allowed

Hdfc Bank Ltd. v. Ashok Kumar Ojha

DRT18 Sept 2024OA/640/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte application filed by HDFC Bank Ltd. to recover a loan of approx. Rs. 23.12 lakhs from the defendant. The court accepted documentary evidence and affidavit proof, issued a recovery certificate, attached assets, and directed realization by the Recovery Officer.

What did the court decide?

Recovery certificate issued for Rs. 23,12,509.68 plus interest @ 10.75% p.a.; defendant ordered to pay amount with costs; mortgaged assets attached.

Hdfc Bank Ltd. versus Ashok Kumar Ojha — Banking and Recovery | DRT (2024)

DRT, PATN A

OA 640 of 2022 1 Jl

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. 640of 2022

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HDFC Bank Ltd.,2nd Floor Rajendra Rama Plaza Exhibition Road, Patna- 1

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, Applicant

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Ashok Kumar Ojha S/o Chandrashekhar Prasad, Dr. Colony Khandakper Bizarre Sharif, Dr. Satish Bihar Sharif, District-Nalanda-833101 and also Maudihara Rajpur Rohtas, District-Rohtas-8022 18 .

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. . . . . . . Defendant

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Present:

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For the Applicant : Shri Bhola Shankar, Advocate For the Defendant : None

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Dated: 18.09.2024

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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) on30.11.2022 against the defendant to recover its debts from defendant of Rs.23,12,509.68 as on 11.8.2022along with pendente-lite and future interest @ 10.75% p.a. with monthly rests from 12.8.2022 with costs till realization.

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The application has been filed with the contention that the applicant bank, is a body corporate, under the companies Act, 1956 and also a banking company within the meaning of the banking regulation Act 1949 having its registered office at HDFC Bank House, Senapati Bapat Marg, Lower Parel (West) Mumbai-400013 and Branch Office at 2nd Floor Rajendra Ram Plaza Exhibition Road, Patna- 1.

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Defendant approached the bank for grant of loan of Rs.20,12,769/- on 2.1.2020, which was sanctioned by the bank on 16.1.2020. Defendant executed the various loan documents.

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After availing the sanctioned credit facilities defendant became irregular in repayment of his 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,

OA 640 of 2022 IJ I

DRT, PATN A

in spite of several assurances given by it to the applicant bank resulting in the account turning as NPA on7.3.2022.

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Since, the defendant 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.23,12,509.68with pendentelite and future interest @10.75% p.a. with monthly rests from 12.8.2022 till the realization.

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This Tribunal issued summon/notice copies of application & paper book to the defendant by registered/speed post on 27.12.2022, 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 defendant has 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 defendant on 1.4.2023 in “Dainik Jagaran” newspaper.

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Despite the registered summon/notice and publication of notice in newspaper, the defendant has not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendant 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 defendant on 16.8.2023

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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, Legal Manager of the applicant bank. The details of documents are as follows:

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e	on of Documents Photocopies	of Date Execution	Signature Executants
	Loanapplication	2. 1.2020	Defendant
2	Loanagreement	16.1.2020	Defendant
	Recall notice	6	Bank

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OA 640 of 2022 1 Jl

Statement 4 of	o 1As	2a
account	11.8.2022

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Heard arguments and perused the case record.

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Ld. Counsel of applicant bank submitted that the defendant has 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 defendant is living and carrying on his 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 laGS. 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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On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 7.3.2022, whereas the present application has been filed on 30.11.2022 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 Swapan Patra, Legal 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

OA 640 of 2022 1 Jl

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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, Drovides 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 of this Act, a certifIed copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is now by law admissible, but 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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On perusal of the application, documents, affidavit and on consideration of the arguments, it is proved that the defendant has 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 defendant has executed various loan documents, as stated in the application and proved by aforesaid evidence. Defendant has neither denied the utilization of funds advanced by applicant bank nor has 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 11.8.2022 has been proved to be Rs.23,12,509.68 only by way of statement of account.

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OA 640 of 2022 1 Jl

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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 defendant of Rs.23,12,509.68along with pendente-lite and future interest @10.75% p.a. with compounded monthly rests from 30.11.2022 (The date of filing 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 defendant. The defendant is hereby, ordered to pay the applicant bank its debt amounting toRs.23,12,509.68along with pendente-lite and future interest @ 10.75% p.a. with compounded monthly rests from 30.11.2022(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 defendant, be deducted in the claim amount, if not deducted.

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Defendant is 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 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 defendant, by sale of mortgage(1/

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OA 640 of 2022 IJI

hypothecated assets as well as other personal movable/immovable assets of the

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defendant .

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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 18thday of September, 2024.

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Ja/’ (-+ [Kaushalendra Yadav] Presiding Officer Debts Recovery Tribunal, Patna

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Dictated &corrected by me.

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

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DEBTS RECo\’ER' TRIBUNAL PATNA

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:nd Floor. CA. B & F Wing) Karpuri ThaI<ur Sadan, Kenctl-iya l':al'amchari Parisal- (GPC)A). Ashiana Digha Road, Patna-800025

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

RC No. 198/2024

Case No: OA/640/2022

In the Matter of (CH- 1) HDFC BANK LTD 2ND FLOOR RAJENDRA RAM PLAZA EXHIBITION ROAD PATN A .BIHAR -80000 1

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Applicant(s)

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––-- VersLls ----–To (CD- I) ASHOK KUMAR C)JHA S,/o Cha11drashekhar Prasad Dr. Colony Khandakper Bizarre Sharif. Dr. Satish Bihar Sharif Nalanda .BIHAR -803 101 Defendant(s)

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Also At AND ALSO ASHOK KUMAR OJ HA ADDRESS - MAUDIHARA RAJPUR ROHTAS DISTRICTROHTAS BIHAR PIN CODE- 8022 IS

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Recovery Certificate for Rs 2312509.68 1 Rupees Twenty Three Laklrs Twelve Thousands Five Hundred Nine And Paise Sixty Eight Only I

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In terms of final order dated 18/09/2024 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. 2312509.68 along with cost, expenses and interest from the 30/11/2022 i.e. date of filing / with effective date of the OA/640/2022 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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	Int. rpc/Mode	Int. Rate	IEffective I Date	Order Date	.mount(Rs.	Liability le	Intcresl (as on Order Date)	RC Amount(Rs.)	1"
SHOK KUMAR OJHA	ICompound ntercst :Monthly)						[nterest S on Irder FDate	- l23 12509.68

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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 mortgage(i/hypothecated assets as well as other personal movable/ Immovable assets of the ccrtitlcate 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 recovely 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 MAN(N KUMAR . Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 04/ 1 1/2024

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The Recovery OffIcer shall realize the amount as per this Certificate in the manner and mode prescribed undcr 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 CeniHcate has been issued under my signature and seal of the Tribunal on this 19/09/2024

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a. Fd AgItI 'str at Debts Recbv cry Tribunal Patna

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PRESIDI&TOFFICER DEBTS RECOVERY TRIBUNAL PATNA

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FORM NO. 10 [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 Karamchad Parisar (GPOA),