Allowed

Central Bank of India v. M/s Anugrah Plastic (Opc) Pvt. Ltd.

DRT23 Jul 2025OA/399/2024

Case brief

AI extract

What is this about?

The DRT allowed the Central Bank of India's application under Section 19 of the RDB Act. Deterimined the debt to be Rs. 72,11,377. Directed issuance of a recovery certificate against the borrowers and guarantor, ordering attachment of secured assets.

What did the court decide?

Decided the debt to be Rs. 72,11,377/- determined jointly and severally against defendants with interest at 11% p.a. Recovery certificate issued for realization via asset sale.

Central Bank of India versus M/s Anugrah Plastic (Opc) Pvt. Ltd. — Specific Performance | DRT (2025)

OA 399 of 2024jJI

DRT, PATNA

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. 399 of 2024

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Central Bank of India, branch at Birla Mandir Road, Patna

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. . . . . . .Applicant

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Vs.

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M/s Anugrah Plastic (OPC), Pvt. Ltd. (Director- Surendra Kumar), Office at: C/o Smt. Maloo Devi, W/o Ram Prasad Choudhwy, Chik Ton, Patna City- 800008, (Borrower)

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Also at:- Choti Nagla, Simli, Murarpur, P.S.- Malsalami, Patna City, 800007.

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Mr. Surendra Kumar, S/o Late LaI Babu Choudhary, R/o Neem Ghat, P.O.-Jhauganj, Khajekala, Patna City, Patna 800008 (Borrower/ Guarantor)

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Abhijeet Kumar, Advocate For the Defendants None

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Dated:23.07.2025

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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 15.07.2024 against the defendants to recover its debts from defendants of Rs.72,11,377/- as on 28.06.2024 along with pendente-lite and future interest at the contractual rate from 29.06.2024 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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Defendant no.1 is a private limited company engaged in the business of Plastic in primary forms. Defendant no.1 through the defendant no.2 approached the applicant bank for sanction of credit facility of Rs.65 Lakh vide loan application dated 01.02.2022. After considering the request of the defendants, the applicant bank has sanctioned Cash Credit facility of Rs.40 Lakh and Term Loan of Rs.25 Lakh vide sanction letter dated 14.02.2022 on

OA 399 of 2024IJI

DRT, PATNA

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 i.e. Plant, Machinery & Shed and stocks in favour of the applicant bank. On the request of the defendants, the cash credit loan account was renewed by the applicant bank vide sanction letter dated 17.03.2023 .

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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 26.10.2023 .

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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.72,11,377/- as on 28.06.2024 with pendente-lite and future interest contractual rate from 29.06.2024 till the realization.

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5 . This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 21.08.2024, 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. Thereafter notice dated 26.09.2024 was also served by way of affixing it at the conspicuous part of the defendant’s address and proclaimed the same in local language in customary mode.

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Despite the service of registered summons/notices and service by way of affixing the notice at the conspicuous part of the defendant’s address/residence, 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 Tribunal has passed an order to proceed ex-parte against the defendants on 30.04.2025 .

OA 399 of 20241JI

DRT, PATNA

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 Bimlendu Kumar, Chief Manager of the applicant bank. The details of documents are as follows:

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Sl.N'	IDescriptionof Documents Photocopies	1 Date of I Execution 1	1Amount 1(in 1Lakh)	ISignatur 1Executa F	eof nts	1Ex./ IAnn. INo.
1	Loanapplication	01 .02.2022	40.00 CC 25.00 TL	Defendants		1
2	Sanctionletter	14.02.2022	40.00 CC 25.00 TL	Bank accepted defendants	aa by
3	e variation			Defendants		3
4	o hypothecation agreement		25.00	Defendants		4
	r		40.oo	I ^Defendants
	e variation			Defendants
	e		40.00	Defendants
	e		40.00	Defendants
	r hyDothecation		40.00	Defendants
	)	14.02.2022	65.00	Defendants
	Sanctionletter	17.03.2023	40.00	Bank accepted defendants	and by
	Legal notice	20.06.2024		Bank
	Statement accounts of			Bank
8.	Heard arumentsand	erused the	record

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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.

OA 399 of 20241JI

DRT, PATNA

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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On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 26.10.2023, whereas the present application has been filed on 15.07.2024. 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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13 . Shri Bimlendu Kumar, Chief 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 fbrnished 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

OA 399 of 2024[JI

DRT, PATNA

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

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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 challenged.

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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 28.06.2024 has been proved to be Rs.72,11,377/- only by way of statement of accounts and affidavit. 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.72,11,377/- along with pendente-lite and future interest @ 11 % p.a. with compounded monthly rests from 15.07.2024 (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.72,11,377/- along with pendente-lite and future interest @ 11% p.a. with

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OA 399 of2024jJI

DRT, PATNA

compounded monthly rests from 15.07.2024 (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 mortgage(1 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 }he 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 03.09.2025. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 23rd day of July, 2025.

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Dictated &corrected by me.

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[KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna

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I(}RNI NQ. 9 [See Regulation 24(1 )]

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DEBTS RECOVERY TRIBUNAL PATN A

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2nd Floor. (A. B & F Wing) Karpuri Thakur Sadan7 Kendriya Karamchari Parisar (GPO A), Ashiana Digha Road, Patna-800025,

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RECOVERY CERTIFICATE UNDER SECTION 19(am

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BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.

RC No. 241/2025

Case No: OA/399/2024

In the Matter of: (CH- 1) CENTRAL BANK OF INDIA BRANCH AT BIRLA MANDIR ROAD, PATNA ,BIHAR -0

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Applicant(s)

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To (CD- 1) M/S ANUGRAH PLASTiC (OPC) PVT. LTD

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(Director- Surendra Kumar) Office at: C/o- Smt Maloo Devi, W/o- Ram Prasad Choudhary, Chik Toli. Patna ,BIHAR -800007

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Also At

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C'HOTI NAGLA, SIMLI, MURARPUR, P.S.-

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Defendant(s)

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MALSALAMI, PATNA CITY 800007

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(CD- 2) MR. SURENDRA KUMAR

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(BORROWER/GUARANTOR) S/0- LATE LAL BABU CHOUDHARY, R/0- NEEN4 GHAT, P.0.- JHAUGANJ, KHAJEK ALA, PATNA CITY, PATN A, 800008

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Recovery Certificate for Rs 72 11377,00 [ Rupees $went)r Two Lakhs Eleven Thousands Three Hundred Seventy Seven Only]

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In terms of final order dated 23/07/2025 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. 7211377.00 along with cost, expenses and interest from the 15/07/2024 i.e. date of filing / with effective date of the OA/399/2024 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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CDName	n	Int. lerM	Int. : Rat	IEffective Date	Order Date	It(Rs.) 0	Liability Type		RC IAmount(Rs.)	Remark
4/SANUGRAH PLASTIC :OPC)PVT. LTD		,Monthly)	11	15/07/2024	§23/07/2025	il7211377.oo	Fointly rerall	mI on lte	11377.00
MR. SURENDRA KUMAR OR) BORROWER/GU		nterest I(Monthly )	1 :	l15/07/2024	17/2025:	l7211377.oo	lointly veral	M a

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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.

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Parties are directed to appear before MANOJ KUMAR , Recovery OfFicer, DEBTS RECOVERY TRIBUNAL PATN A on 03/09/2025

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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 24/07/2025

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(J.

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PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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Debts {:Foi:!:YaqT\buM<br>Patna

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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. 241/2025

Case No: OA/399/2024

Applicant(s): CENTRAL BANK OF INDIA Versus

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Defendant(s): M/S ANUGRAH PLASTIC (OPC) PVT. LTD.

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tem ofCosts	IAmountinRs
e	m7
o
c	B
miLliiie	ro
e	b
a	m7

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Place: PATNA

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Date: 24/07/2025

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PRESIDING 03FICER DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

Central Bank of India v. M/s Anugrah Plastic (Opc) Pvt. Ltd.

Case brief

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Central Bank of India v. M/s Anugrah Plastic (Opc) Pvt. Ltd.

Case brief

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