Allowed

Hdfc Bank Limited v. Uttam Kumar

DRT4 Feb 2025OA/229/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal, Patna allowed an application by HDFC Bank for recovery of Rs.32,33,109.92 from borrowers and a guarantor. The court verified jurisdiction, limitation, and admitted the bank's claim based on documentary evidence and returned a recovery certificate.

What did the court decide?

Recovery of Rs.32,33,109.92 with interest and costs; issuance of Recovery Certificate under Section 19(22); attachment of secured assets.

Hdfc Bank Limited versus Uttam Kumar — Banking and Recovery | DRT (2025)

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OA 229 of 20241.11

DRT.PATNA

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

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Presiding Officer : Shri Kaushalendra Yadav

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OA Case No. 229 of 2024

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HDFC Bank Limited. branch office at 2"'1 Floor. Rajendra Ram Plaza. Exhibition Road. Patna 800 001

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....... Applicant

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Vs.

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Uttam Kumar (Borrower). Sio Ramashis Sharma. P.O.- Kosidihara. P_S.- Paras Bigha, VillageKorma, Jehanabad, Bihar 804417. PAN NO.GZXPK4643 F

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Lalsa Devi (Guarantor), Wlo Ramashis Sharma, P.O.- Kosdihara, P.S.Paras Bigha, VillageKonna. Jehanabad, Bihar 804417. PAN No. GLHPD59681

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....... Defendants

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Present:

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For the Applicant Ms. Tanushri, Advocate For the Defendants Shri Amit Anand. Advocate

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Dated:04.02.2025

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JUDGMENT

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I. The Applicant bank has made this application uls 19 of the Recovery of Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on 16.04.2024 against the defendants to recover its debts from defendants of Rs.32,33.l09.92 as on 04.03.2024 along with pendente-lite and future interest at the contractual rate from 05.03.2024 with costs till realization.

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

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Defendants approached the applicant bank for sanction of commerciai vehicle loan facility of Rs.4I,72,502/vide loan application dated 15.06.2022 to purchase the commercial vehicle and after due consideration" the applicant bank has sanctioned/disbursed an amount of Rs.40.70 Lakh on 15.06.2022 to

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OA 229 of 20241.11

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DRT,PATNA

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the defendants on various terms and conditions. as stipulated in the sanction letter. which were duly accepted by the defendants. To secure the loan facility defendants have executed various loan and security documents and also hypothecated the commercial vehicle in favour of the applicant bank. details of which are given in OA.

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After availing the sanctioned credit facility, the 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 08.01.2024.

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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.32,33,109.92 as on 04.03.2024 with pendente-lite and future interest contractual rate from 05.03.2024 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 08.05.2024. 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 03.082024 in "Prabhat Khabar" newspaper.

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In response the defendant no.I has appeared by tiling vakalatnama on 24.06.2224 but has not filed written statement within the statutory period. Despite the registered summons/notices and publication of notice in newspaper. the remaining 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

OA 229 of 20241.)1

DRT,PATNA

order to proceed ex-parte against the defendants on 27.09.2024 and the parties were given liberty to tile evidence, if any by the next date. But the same has not been filed.

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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 atlidavit by Shri Swapan Patra, Officer of the applicant bank. The details of documents are as follows:

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SI.No	Description of Documents Photocopies	Date of Execution	Amount (In Lakh)	Signature of Executants ---- .	Ex.! I Ann. No. -:
1	Powerof Attorney	15.04.2023	--	Bank	I
2	Loanapplication	20.05.2022	43.20	Defendants	..,
3	Agreement for loan andguarantee	15.06.2022	Rs.4I,72,502/-	Defendants	,.'
4	Loanrecallnotice	05.03.2024	--	Bank """..--------	4 ^_ •.. .. --
S	Foreclosure Statementof account	--	--	__ Bank	5

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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 Icompound 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 ld. Counsel of applicant hank 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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II. 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.

OA 229 of20241JI

DRT.PATNA

On the issue of Limitation,to prove it the applicant bank has submitted that the applicant bank has declared the account as NPA on 08.01.2024. whereas the present application has been tiled on 16.04.2024. Even, it is counted for the purpose of Limitation. then it is established that the applicant bank has tiled 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, Officer 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 (I) shall be accompanied with true copies ofall 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.providesthat if the defendantdenieshis liabilityto pay the claim made by the applicant.the tribunalmay act upon the affidavitof the applicantwho is acquaintedwith the facts of the case or who has on verificationof the record sworn the aftidavit in respect of the contents of the applicationand the documentsasevidence.

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The rule 12 (11) of the aforesaid Rules, provides that the provisionscontainedin section4 of the Banker'sBooksevidence that Act, 1891(18 of 1891)shall applyto a certifiedcopy of an entry in a Banker's Booksfurnishedalong with applicationtiled undersubsectionI of section 19bythe applicant.

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Section 4 of Banker's Books evidence Act, 1891 runs as under- SA. Mode of proof of entries in hankers' books=Subject 10 rhe provisions ofthis Act, a certified copy 01any entry in a hanker's hook shall in all legalproceedings he received as primafacie evidence ofthe existence of such entry. and shall he admitted as evidence 01 the matters. transactions and accounts therein recorded in every case where. and to the same extent as. the original entry itselfis flOW hy law admissible. but notfurther 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.

OA 229 of2024I.JI

DRT, PATNA

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 en-or 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 04.03.2024 has been proved to be Rs.32,33,109.92 only by way of statement of accounts. 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.32,33,109.92 along with pendente-lite and future interest @ 10% p.a. simple from 16.04.2024 (The date of tiling of this OAl till realization. So the tinaI 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.32,33,109.92 along with pendente-lite and future interest (til10% p.a. simple from 16.04.2024(The date of tiling of this OAl 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 229 of 20241JI

DRT.PATNA

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 tinal order under the recovery proceedings in pursuance of the Recovery certiticate 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/SubRegistrar 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 24.03.2025. The order be communicated accordingly.

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Judgment signed. sealed, dated and pronounced in the open court on 04 tb day of February, 2025.

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Dictated &corrected by me.

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J [Kaushalendra Yadav 1 Presiding Officer Debts Recovery Tribunal. Patna

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FORM NO 9 [See Regulation 24(1»)

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DEBTS RECOVERY TRIBUNAL PATNA

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RECOVERY CERTIFICATE

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

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.INOER SECTION 19(1) READ WITH SECf'ON 19(m OF THE RECOVER)' OF DEBTS &

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BANKBUPTCYACT,.J!2l, AS AMENDED FROM TIME TO TIME.

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Be No. 4812025

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IN Case No: OAl22912024

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In the Matter of: (CH.l) HDFC BANK LIMITED BRANCH OFFICE AT2ND FLOOR, RAJENDRA RAM PLAZA, EXHIBITION ROAD, PATNA.BIHAR ·800001

Applicant(s)

----- Versus ------

To,

(CD- I) UTTAM KUMAR.

8/0 Ramashish Sharma

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P.O.-Kosidihara, P.S.- Paras Bigha, Village- Korma,

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Jebanabad ,BIHAR -804417

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Defcndant(s)

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(CD- Z) LALSA DEVI (GUARANTOR) W/O. RAMASHIS SHARMA. P.O., KOSDlHARA. P.S.. PARAS BIGHA. VILLAGE· KORMA. JEHANABAD. BIHAR· 804417.

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~ Certificate for Hs 3233109.92 L...B.upm ThirtY.Two I .akbs ThirtY-Three Thouynds One Hundred Nipe And Paise

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~Y-I

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In terms of final order dated 0410212025 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. 3233109.92 along with cost, expenses and interest from the 1610412024 i.e. date of filing 1with effective date of the OAl229/2024 and future interest from order date till the date of realisation in full. jointly or severally from the Certificate Debtors, hereinafter referred to asc•

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'Sr.no	CD Name	Loan Type	Int. _ TypelMode!	I,Int. Rate: , , ,	Effective Date i	Order Date	!, IAmount(Rs.) I	Liability Type	'nterest (as on Order Date)	RC Amount(RJ.) I	Remark
, ,I !	UTTAM KUMAR		[Simple nterest '(Yearly)	10	16/04/2024	04102/2025	'3233109.92	Jointly lAnd Severally	Interest As on Order Date	^, i 3233109.92
12 ~	LALSADEVI i(GUARANTOR)	!	Simple Interest (Yearly)	! 110	_16/04/2024i _ I	041021202 ~	5 ;3233109.92 i	ointly And Severally	Interest As on Order Date	.3233109.92

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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 Deb Is and Bankruptcy Act 1993.

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Parties are directed to appear before MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 24/03/2025.

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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 06/0212025

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P~OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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

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DEBTSRECOVERYTRIBUNALPATNA

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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 MEMO OF COSTS

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RC No. 48/2025

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Case No: OAl229/2024

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Applicant(s): HDFC BANK LIMITED

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Versus

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Defendant(s): UTTAM KUMAR

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Sr.No.	tern of Costs	Amount inRs,
I. 2.	IFeeon the application . [ProcessFees(Inc. Publication)	35000 0
3. \4.	Advocate Fees CornrnissionerlReceiverNaluationiSecurity Fee	0 0
Is. iF====	J~~cellaneous Charges =l'
	i IITotalCosts: Rs.	1135000

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Place: PATNA

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Date: 06/02/2025

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PRESID~ICER DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

Hdfc Bank Limited v. Uttam Kumar

Case brief

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Hdfc Bank Limited v. Uttam Kumar

Case brief

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