Allowed

Bank of India v. Mrs. Minta Devi

DRT6 Sept 2025OA/573/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an application to recover Rs. 67.52 lakh from borrowers who defaulted on a housing loan, accepting bank documentary evidence despite the absence of a filed written statement, and directed issuance of a recovery certificate.

What did the court decide?

Recovery order for Rs. 67,52,814.32 along with pendente-lite and future interest; issuance of Recovery Certificate; attachment of mortgaged assets.

Bank of India versus Mrs. Minta Devi — Banking and Recovery | DRT (2025)

OA 573 of2023jJl

DRT, 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. 573 of 2023

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Bank of India, MCB Patna Branch, Raj Complex, Block-E, Malahi Pakri, 90 Ft. Road, Kankarbagh, Patna, Bihar

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Mrs. Minta Devi, W/o Uday Prakash Singh, Near Laheji Cold Storage, District- Siwan, Bihar- 841233 (Borrower), PAN No.AIWPD5225E

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Uday Prakash Singh, S/o Late Ramjee Singh, M.H. Nagar, Hasanpur, District- Siwan, Bihar- 841233 (Co-borrower), PAN No.AUYPS1337A

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. Defendants

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Present:

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For the Applicant Shri Ambarish Bhardwaj Advocate For the Defendants Shri M.K. Mishra, Advocate

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Dated :06.09.2025

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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 15.12.2023 against the defendants to recover its debts from defendants of Rs.67.52,814.32 as on 30.11.2023 along with pendente-lite and future interest at the contractual rate from 01.12.2023with 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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3 . Defendants approached the applicant bank for sanction of Housing Loan of Rs.60 Lakh vide loan application dated 30.12.2017 to purchase a flat, which was sanctioned by the applicant bank on 30.12.2017 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 created equitable mortgage of immovable property in favour of the applicant bank, details of which are given in OA.

OA 573 of2023jJI

DRT, PATN A

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 3 1 .03.2021.

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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.67.52,814.32 as on 30. 11.2023 with pendente-lite and future interest contractual rate from 01.12.2023 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 06 & 08.01.2024, 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 .

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In response to the notice, the defendants have appeared by filing their vakalatnama on 13.02.2024 but have failed to file the written statement within the statutory period hence vide order dated 05.08.2024 opportunity to file the written statement was closed and they were granted time to file rebuttal evidence. The same has also 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 affidavit by Shri Ravi Anand, Chief Manager of the applicant bank. The details of documents are as follows:

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Description Documents Photocopies	of	IDate of Execution	1Amount (in Lakh)	ISignature Executants of
LoanaDDlication			e
r HomeLoan	o		e
o				Defendants
		-	a\|\|

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Ma'fang_?CgI)BelVC Debts R

OA 573 of2023jJl

DRT, PATNA

	lrofile
F	Sanction letter	30.12.2017	60.00	Bank accepted defendants	ba by
	PDR	30.12.2017	60.00	Defendants
	MCLRAgreement	30.12.2017	60.00	Defendants
	D P Note	30.12.2017	60.00	Defendants
	L-435	30.12.2017	60.00	Def.no.2
	L-516	30.12.2017	60.00	Defendants
	Photocopy of agreementforsale	09.12.2017				10
11	Acknowledgement ofdebt/securities	29.12.2020		e
	Statementofaccount			Bank
	Notices	6 02.02.2021		Bank
	Demand notice	15.04.2021		Bank
	Possessionnotice	12.04.2022		Bank
	PP forpossession notice	14.04.2022		Bank
17	PowerofAttorne'	05.03.2022		B

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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 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.

OA 573 of 2023[JI

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 31.03.2021, whereas the present application has been filed on 15.12.2023. 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.

¶44

Shri Ravi Anand, 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 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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D ob: ::!!!;i: 1 : :: tAE1) o

OA 573 of 20231Jl

DRT, PATNA

15 . 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 30.11.2023 has been proved to be Rs.67.52,814.32 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.

¶57

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.67.52,814.32 along with pendente-lite and future interest @ 8.35% p.a. with compounded monthly rests from 15.12.2023 (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.67.52,814.32 along with pendente-lite and future interest @ 8.35% p.a. with compounded monthly rests from 15.12.2023 (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

'. \A

DRT, PATNA

OA 573 of 20231JI

other properties and assets without paying the aforesaid adjudicated dues to the applicant bank to secure the ends of justice. The mortgage(i 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 16.10.2025. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on
06th day of September, 2025. hr/ /
q4
Dictated &corrected by me.me. \n<br>h/’: k~'

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Dictated &corrected by me.me.

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[KadshalendraYadav] Presiding Officer Debts Recovery Tribunal. Patna Presiding O$'ic6r Debts Rec3v3ry Tribuna PATNA

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FORM NQ. 9 [See Regulation 24( 1 )]

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DEBTS RECO\’ER' TRIBUNAL PATS A

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

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RECOVERY CERTIFICATE UNDER SECTION 19(Z)(B)

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

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RC No. 283/2025 IN Case No: OA/573/2023

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In the Matter of: (CH- 1) BANK UF INDIA MCB PATN A BRANCH, RAJ COMPLEX. Applicant(s) BLOCK -E. MALAHI PAb(RI. 90 FT ROAD. KANKARBAGH, PATN A .BILI AR -800020 To, (CD- 1) MRS, MINTA DEVI W/o- Uaday Prakasl1 Singh Near Lahej i Cold Storage. Siu, lin .BIHAR -84 1 233

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Defendant(s)

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(CD- 2) UDA' PRAKASH SINGH (C'OBOl{[{O\'L 1 1 ) S/0- LATE RAMJFE SINGH. M.H.N AGAR. HASANPUR. DISTRIC'T- SI\VAN BIHAR841 233. PAN NO. AUYPS 1 337A

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Recovery Certificate for Rs 6752814.32 1 Rupees Sixty Seven I,akhs Fifty Two Thousands Eight Hundred Fourteen And Paisc 'l'hirt' 'l'\vo OnIY I

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In terms of final order dated (>6/< 19/2025 passed by this Tribunal in the above mentioned case. it is ordered that the Applicant C'eltiHcate Holder Bank is entitled to recover a sum of Rs. 6752814.32 along with cost, expenses and interest from the 1 5/12/2023 i.e. date of filing / with effective date of the OA/573/2023 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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Sr.no	I CDName	Loan Type	Int. I Type/hlodc	1111.EEffective iRa Datc	(Jrder Datc	'„„„„t(R„)	L?!j':Q	Interest 8;d': Date)	A„„::=(Rs.]	Remark
	MRS. MrNTA DEVI		C'olnpound ,Monthly)		I/( i9/2025	h75:814.32	Jointl}		1675
	UDAY PRAKASH INGll(CC)- C)RROWER)	.	ound IInterest Monthly)	1.35 ll 5/12/2023	}{)9/2025	1752814.32	lointly :veral I)		14.3

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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 mortgagcd/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 subjcct to the final order under the rccovel)' 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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Pilrtics ilrc dircctc(1 to ilppcilr before .\SHISH K(JNI Alt . ltccovcry Ot'ticcr, DEBTS RECOVERY TRIBUNAL PATNA on o/ 1 o/2025

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The Rccovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 25 to 28 of the RccQvery 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 (:cr{ilicatc has been issued under my sjg11:lturc and seal of the Tribunal on this 10/09/2025

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( A&
IIE) e b 1US11 ::{ : : %1 i b L I n a 1
Patna

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PRESIDXl GOFFICER ,_J)MLS RECOVERY TRIBUNAL PATNA

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Dab hi!:TrI Sq;i’=nH
PATA4

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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 -l-llakur Sad,in. 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. 283/2025

Case No: OA/573/2023

Applicant(s): BANK OF INDIA

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Versus

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Defendant(s): MRS. MIN’FA DEVI

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Sr.No	iItemofCosts	I Amount inRs
	Feeon the application	70000
2.	Wr	Rj
3	.dvocateFees	in
4	ICommissioner/Receiver/Valuation/SecurityFee	[0
	e	[0
	'otal Costs:Rs	m7

Place: PA'l'NA

PRESIDIN& OFFICER

Date: 10/09/2025

DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

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I:I e ]EI} &gI: ::dj:: q : qr== m & PATRA ---“

Bank of India v. Mrs. Minta Devi

Case brief

What is this about?

What did the court decide?

Bank of India v. Mrs. Minta Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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