The Debt Recovery Tribunal allowed an application filed by HDFC Bank Limited under Section 19 of the RDB Act to recover a debt of Rs. 30,75,379.70 from Amrendra Kumar. The Tribunal proceeded ex-parte as the defendant failed to appear despite proper notice.
Order to pay Rs. 30,75,379.70 with interest and costs; Recovery Certificate issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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OA 392 of20231JI
DRT,PATNA
Debts Recovery Tribunal, Patna
Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025
Presiding Officer : Shri Kaushalendra Yadav
OA Case No. 392 of 2023
HDFC Bank Limited, branch office at 2'lll Floor, Rajendra Ram Plaza, Exhibition Road, Patna 800 00I
....... Applicant
Vs.
Amrendra Kumar (Borrower/Guarantor), son of Kashi Nath Bhagat, at Raja Bazar, Jehanabad, Magadh, Near Bazar Samiti Road, District- Jehanabad804408, Bihar.
Also at- Parsadien Galish, Arwal, Konika, District- Arwal- 80440I, Bihar Also at- M/s Raj Contractor, Amrendra Kumar, Son of Kashi Nath Bhagat, Bazar Samiti Road, Raja Bazar, District- Jehanabad- 804408, Bihar. PAN No.AQJPK0836H
....... Defendant
Present:
For the Applicant Shri Bhola Shankar, Advocate For the Defendant None
Dated:29.0 1.2025
JUDGMENT
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 09.08.2023 against the defendant to recover its debts from defendant of Rs.30,75J79.70 as on 06.06.2023 along with pendente-lite and future interest at the contractual rate from 07.06.2023 with costs till realization.
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OA 392 of 20231.11
DRT,PATNA
executed various loan and security documents and also hypothecated the movables in favour of the applicant bank.
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.
The total liability in the loan account is Rs.30,75,379.70 as on 06.06.2023 with pendente-lite and future interest contractual rate from 07.06.2023 till the realization.
~\I
.,,
OA 392of20231JI
DRT,PATNA
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:
| SI.No | Description Documents Photocopies |
of | Date of Execution |
Amount (In Lakh) |
Signature Executants |
of | Ex.! 1 Ann. No. |
|---|---|---|---|---|---|---|---|
| 1 | Loanapplicati | on | 27.01.2020 | 25.00 | Defendant | - | I ----~-- .. |
| 2 | Terms conditions applicable Business schedule-cum factstatement, |
and to loan, -key |
30.01.2020 22.07.2021 |
25.00 | Defendant | 2 I |
|
| 3 | Legalnotice | 08.06.2023 | -- | Bank's adv. | 3 - -- |
||
| 4 | Statementofac | count | -- | -- - |
Bank | 4 - |
9, 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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OA 392 of 20231JI
DRT. PATNA
whereas the present application has been tiled on 09.08.2023. 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 tiled well within the period of limitation.
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 aflidavit in respect of the contents of the applicationand the documentsas evidence.
The rule 12 (11) of the aforesaid Rules, provides that the provisionscontainedin section4 of the Banker's Booksevidence that Act, 1891(18 of 1891)shall applyto a certifiedcopy of an entry in a Banker'SBooksfurnishedalong with applicationtiled undersubsectionI of section19bythe applicant.
Section 4 of Banker's Books evidence Act, 1891 runs as under- S.4. Mode of proof of entries in bankers' bookl'.-Subject to the provisions of this Act, a certified copy (if any entry in a banker '.1' hook shall in all legal proceedings be received as prima fade evidence (if the existence of such entry. and shall be admitted as evidence or the mailers. transactions and accounts therein recorded in erer)' case where. and to the same extent as. the original entry itself is now bv law admissible. but notfurther or otherwise.
As such the certified true copies of the documents are admissible III 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 392 of20231JI
DRT, PATNA
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.
ORDER
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 to Rs.30,75,379.70 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 09.08.2023 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.
It is made clear that any amount deposited by the defendant, be deducted in the claim amount, if not deducted.
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
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OA 392 of20231JI
nRT,PATNA
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.
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 certiticate in the manner and mode prescribed under the Act from the defendant, by sale of mortgagedl hypothecated assets as well as other personal movable/immovable assets of the defendant,
Parties are directed to appear before the Recovery Officer, DRT, Patna on 10.03.2025. The order be communicated accordingly.
Judgment signed, sealed, dated and pronounced in the open court on 29 th day of January, 2025.
Dictated &corrected by me.
[KaushalendraYadav 1 Presiding Officer Debts Recovery Tribunal, Patna
--
FORM·NO.9 [See Regulation 24(1)]
DEBTS RECOVERY TRIBUNAL PATNA (A. B & F Wing) Karpuri Thakur Sedan. Kendriya Karamchari Parisar (GPOA). Ashiana Digha Road. Patna.800025.
2nd Floor:
RECOVERY CERTIFICATE UNDER SECTION .9(7) REAp WITH SECTION 1911l) OF THE RECOVERY OF DEBTS & BANKRI1M'CY ACT~_tm, AS AMENDED FROM TIME TO TIME.
BC No. 32/2025 IN
Case No: OAl392/2023
In the Mutter of:
(CU· I) HDFC BANK LIMITED BRANCH OFFrCE AT 2ND FLOOR, RAJENDRA Applicant(s) RAM PLAZA, EXHffilTlON ROAD, PATNA .BIHAR -800001
------ Versus -_.
| To, |
|---|
| (CD- I) AMRENDRA KUMAR |
| Kashi Nath Bhagat |
| at Raja Bazar. Jehanabad, Magadh, Near Bazar |
| Samiti Road, |
| Jehanabad ,BIHAR ·804408 |
Also At. PARSADIEN GALlSH, ARWAL, KONIKA, DISTRICT· ARWAL· 80_1 Also At. MS RAJ CONTRACTOR, AMRENDRA KUMAR, SON OF KASHI NATH BHAGAT, BAZAR SAMITI ROAD, RAJA BAZAR, DISTRICT· JEHANABAD· 804408, BIHAR
Defendant(s)
RecoverY. Certificate for Rs 307537.2.1!l_.I-.BllRees ThirtY. Lakh! SeventY. Five Thousands Three Hundred Seventy Nine And Paise Seventy....Qnly_'
In terms 'of final order dated 29/01/2025 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. 3075379.70 along with cost, expeoses and interest from the 09/08/2023 i.e. date of filing 1 with effective date of the OAl39212023 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-
| i sr.no~ |
[ . CD Name |
L T |
Int. Type/Mode |
Int. Rate: |
Effective Date |
Order Date |
. Amount(Rs.) |
, Liability Type |
Interest (as on Order Date) |
RC Amount{Rs.} |
Remarll |
|---|---|---|---|---|---|---|---|---|---|---|---|
| I | AMRENDRA | fCompound nterest Monthly) |
10 |
:09/0812023 . |
29/0112025 | , 3075379.70 |
Fully | IntereslAs on Order Date |
3075379.70 |
In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the mortgagedlhypothecated assets as 'well as other personal movable! Immovable assets of the certificate debtors.
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 IW3.
Parties are directed to appear before ASHISH KUMAR. Recovery Officer. DEBTS RECOVERY TRIBUNAL PATNA on 1010312025.
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.
This Certificate has been issued under my signature and seal of the Tribunal on this 30/0112025
G~· .
VRegistrar
~btsRecovery Tri bunal
Patna
PRESlD~ER DEBTS RECOVERY TRIBUNAL PATNA
FORM NO. 10 [See Regulation 24(2)]
DEBTSRECOVERYTRIBUNALPATNA
2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.
SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS
RC No. 32/2025
IN
Case No: OAl392/2023
Applicant(s): HDFC BANK LIMITED
Versus
Defendant(s): AMRENDRA
| iSr.No. | .-.,. -- ..-'-'._ [ltem of Costs |
Amount in Rs. |
|---|---|---|
| 1. |
__ JFee on the application |
33000 |
| 2. |
_jProcess Fees(Inc. Publication) | 0 |
| 13. | Advocate Fees --,."- .-. . ....._.... ," |
0 |
| 14. | Commissioner/Re~:i'lENalution!~ecllrity Fee |
0 |
| 15. | Miscellan~ous Cha!~~~__ | 0 |
| I[ | ITotal Costs: Rs. , |
1133000 |
Place: PATNA
Date: 3010112025
PRESID~ DEBTS RECOVERY TRIBUNAL PATNA
Note: Strike out whichever is not applicable
2 issues framed by the court
Whether the Debt Recovery Tribunal had jurisdiction to adjudicate the application filed by the bank against the borrower.
Whether the application was filed within the period of limitation.
3 provisions across 2 enactments
HDFC Bank Limited
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
