Allowed

Hdfc Bank Limited v. Ms Ravi Shankar

DRT16 Sept 2025OA/370/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by HDFC Bank Limited under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, against respondents for recovery of a business loan amounting to Rs. 53,33,065.65. The respondents were declared defaulters and proceeded ex-parte.

What did the court decide?

Order to pay Rs. 53,33,065.65 with interest; issue of recovery certificate; attachment of assets and bar on transfer until dues paid.

Hdfc Bank Limited versus Ms Ravi Shankar — Contract and Commercial Disputes | DRT (2025)

OA 370 of 20231JI

DRTI PATN A

Debts Recovery Tribunal, Patna

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Karpuri Thakur Sadan, Aashiana Digha Road Patna'800025

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Presiding Officer : Shri Kaushalendra Yadav

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OA Case No. 370 of 2023

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HDFC Bank Limited, branch office at 2nd Floor, Rajendra Ram Plaza, Exhibition Road, Patna 800 001

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Vs.

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M/s Ravi Shankar Pandey (Borrower/Co-borrower), son of Surendra Pandey, resident of Flat no.102, Suryavansham Apartment, Vijay Bihar Colony, Near St. Karen’s School, Khagaul Road, Danapur, Patna801503, Bihar, PAN No.APRPP 0861 J

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M/s Ravi Enterprises (Borrower/Co-borrower), Flat no.102, Suryavansham Apartment, Vijay Bihar Colony, Near St. Karen’s School, Khagaul Road, Danapur, Patna- 801503, Bihar

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Pushpa Kumari (Guarantor), Daughter of Ramesh Chandra Mishra, Ramnagari Sector-2,Phulwari, Patna- 800025, Bihar PAN No. EDFPK6200L

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Natraj Verma, Advocate For the Defendants None

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Dated:16.09.2025

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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 02.08.2023 against the defendants to recover its debts from defendants of Rs.53,33,065.65 as on 11.01.2023 along with pendente-lite and fbture interest at the contractual rate from 12.01.2023 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 file the suit through various branches including the applicant.

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On 20.06.2019, the defendants approached the applicant bank for sanction of business loan and other facilities and after considering the request of the defendants, the applicant bank has sanctioned/disbursed business loan of Rs.12.50 Lakh on 29.06.2019, Rs.10.60 Lakh on 20.08.2020, Rs.6,40,033/- on

OA 370 of20231JI

DRT, PATN A

10.01.2020, further Rs.6,40,033/- on 10.01.2020, Rs.30,54,568/- on 14.10.2020 and Rs.8.50 Lakh on 30.11.2019. Loan facilities were sanctioned for the purpose of Commercial equipment retail loan, business loan, tractor loan, auto loan and CV GECL on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendants. To secure the loan facilities defendants have executed various loan and security documents and also hypothecated the movables/vehicles.

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After availing the sanctioned credit facilities, 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 02.08.2022.

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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.53,33,065.65 as on 11.01.2023 with pendente-lite and future interest contractual rate from 12.01.2023 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 26.08.2023, 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 01.05.2024 in “Prabhat Khabar” newspaper.

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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 defendants are proceeded ex-parte.

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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

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q,\ Prestding O©ca OeD„ Recovery TnbwlqJ t. 1\TNA

OA 370 of20231Jl

DRT, PATNA

given evidence on affidavit by way of affidavit by Ms. Anjali Sinha, Legal

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

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II	Documents Photocopies	Execution	I I(inLakh)	1Ex./ IAnn No
1	o Agreementforloan and guarantee, Irrevocable Power of Attorney, Terms and conditions for restructuringthe loans, Agreement for Autoloan,GECL sanction letter, Declaration cum undertaking, facility agreement, Terms and conditions applicable to business loan, loan cumhypothecation cum guarantee agreement	130.11.2019 103.02.2020 114.02.2020 105.08.2021 114.08.2020 1 18.08.2020 126.10.2021 110.01.2020	e Rs.30,54,568/- 8.86 8.50 10.60 Rs.06,40,033/-	1
	o	11.01.2023
	Statement of accounts

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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 /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 fbrther 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 fbnctioning within the jurisdiction of this Tribunal. Therefore,

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:hi Presiding Vyicer Debts Recovery Tribuna, PATNA

OA 370 of 2023jJ1

DRT, PATN A

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 02.08.2022, whereas the present application has been filed on 02.08.2023. 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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Ms. Anjali Sinha, 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.

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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 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 shaH 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

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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

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challenged.

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bIZ,\ PresIding Often Debts Recovery Tribtrnd PATNA

DRT, PATNA

OA 370 of2023jJI

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 11.01.2023 has been proved to be Rs.53,33,065.65 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.53,33,065.65 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 02.08.2023 (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 defendants. The defendants are hereby jointly and severally, ordered to pay the applicant bank its debt amounting to Rs.53,33,065.65 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 02.08.2023 (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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%\ PresIding t)Deer Debts RecoverY Tdbwul PATBtA

OA 370 of20231Jl

DRT, PATNA

other properties and assets without paying the aforesaid adjudicated dues to the applicant bank to secure the ends of justice. The mortgage(1 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. The Recovery Officer will issue demand notice to the Certificate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted. The copy of this judgment be uploaded in the website of the Tribunal.

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Parties are directed to appear before the Recovery Officer, DRT, Patna on 30.10.2025. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 16th day of September, 2025.

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Dictated &corrected by me.

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[KaushalendraYadav] Presiding Officer Debts Recovery Trit2\m,ab,2atna

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i! t>abb RecB #aA

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

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DEBTS REC'O\’LRT TRIBUNAL PATN A

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

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F:b E ( q (L1) \ r E R \ r (b1HI E RT I F 1 (bri /[ 1 :r \Him;Iin HR

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EVE YB

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RC No. 313/2025 IN Case No: OA/370/2023

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In the N'latter of: (CH- 1) III)FC- BANK LIMl’rED 1311ANC'l I OFFIC'F AT 2ND FLOOR RAJ[NI)RA RAM PLAZA EX111131TICiN RU AD. PATNA ,BIHAR -C)

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Applicant( s )

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-–--- Vcrsus --–---

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To (CD- 1) MS RAVI SHANKAR PANDEI’ Surendra Pandey Resident CIf Flat No. 1 02. Survavanshanr Apartnrent, \’iitlv Vihur (’tlILlnv. Near St. KartIllS Sclluol. Khagaul Jltlad, Danapur. liittnit .BIll AR

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(CD- 2) M/S RAV] ENTERPRISES ( BQRRUWER/CO-BORRQWER) FLAT NC). 102. SURyAVANSH AM APARTMENT VIJ AYA BIHAR COI,ONY. NEAR ST. KAREN'S SCHOOL, KHAGAUL ROAD, DANAPUR. PATNA PrN- 801 505 BIHAR

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Defendant(s)

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(('D- 3) 1'USIIPA KUN ARI ((JU AlIANTOR) bALl( iI ITFIII ( )F RANI EStI CII AN DR A NllSI IRA RAMN ACiRI SLC'T( )R 2. PHLIL\VARI PATN A, PIN - 800025 BIHAR

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v Ccrtilicatc for Rs 5333065.65 IApM}y Three Thousands Sixty}LI

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In terms of final order dated 16/09/2025 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, 5333065.65 along with cost. expenses and interest from the 02/08/2023 i.e. date of tiling / with effective date of the OA/370/2023 and future interest from order date till the date of realisation in full. jointly or severally from the Certiticate Debtors, hereinafter referred to as:-

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CDName	Int Type/Mode	Effective Date	IOrder Date	It(Rs.)	Liability le	Interest (as0 Order Date)	A RC t(Rs.)
ISRAVI ANK AR	' c)nl Molrthl<br>)	!o:3	iIo09.'2025	1333065,65	IJointlv !And !Se\erally	M=st,\s inOrder !Date	;065.65
N.1SI(AVI RPl{lSES	1 1 1	f08/JO:3:	1o09:035	333065.65	lointly	iInterest As Ordcr late	>3 ;065.65
USHPAKUMARI CiUARA PR)			16'-C)9/2025	33065.65	intjy ,nd leverally	mstAs InOrder	bC)65.65

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In case of failure to pay the aforementioned ad.judicatcd amount within 30 days. same shall be recovered from the sale of the nlortgagcd/hypotheca ted assets as well as other personal movable/ llnnlo'ablc assets of the ceniticate debtors,

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The mollgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the tinal order under the recovelv proceeding in pursuance of the Recovery certificate issued under Section 1 9(22) of Recovery of Debts and Bankruptcy Act 1 993

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Parties are directed to appear before )IANOJ KUMAR , Rccovec/ OfficeR DEBTS RECOVERY TRIBUNAL PATN A on 30/10/2025.

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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 abu\e named Certi ncate Debtors

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This Certificate has been issued under my signature and seal of the Tribunal on this 17/09/2025

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(//)b
Registrar
Debts Recovery TribaR8t
Patna

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PRBSIM6 OFFIC£R
DEBTS %o,eMIW;P
Debts Recoven’ Ttibwld
PAT& A

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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 ThaI<ur Sadan, Kendriya Karamchari Parisar (GPOA), Ashlana I)luI„1 1{t) IId. Patna-800025

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 313/2025

Case No: OA/370/2023

Applicant(s): HDFC BANK LIMITED

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Versus

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I)efendant( s): MS RAVI SII ANI<,\R P,\ bE\

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Sr.No	Item of Costs	Amoun
	Feeon the application	;60
	Process Fees(Inc. Publication)	Fo
3	\|b
	[:ommissioner/Receiver/Val ualii	ro
5	c	ro
	otal Costs:Rs	mo

Place: PATNA

PRESIDIQdOPFICER

Date: 1 7/09/2025

Note: Strike out whichever is not applicable

Hdfc Bank Limited v. Ms Ravi Shankar

Case brief

What is this about?

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Hdfc Bank Limited v. Ms Ravi Shankar

Case brief

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