Allowed

Bank of Baroda (Vijaya Bank) v. M/s Priya Fashion

DRT4 Apr 2025OA/606/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Patna allowed the bank applicant's application for recovery of dues. The court determined the debt amount, attached mortgaged assets, and clarified the specific liability limits for various guarantor defendants based on executed documents.

What did the court decide?

Recovery certificate issued for Rs.32,32,674.13 with interest @ 10% p.a., attached mortgaged/hypothecated assets, and directed Recovery Officer to realize dues. Specific liability limits fixed for joi

Bank of Baroda (Vijaya Bank) versus M/s Priya Fashion — Banking and Recovery | DRT (2025)

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OA 606 of2022IJI

DRT, PATNA

Debts Recovery Tribunal, Patna

¶5

Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

¶6

Presiding Officer : Shri Kaushalendra Yadav

¶7

OA Case No, 606 of 2022

¶8

Bank of Baroda (erstwhile Vijaya Bank), Begusarai Main Branch, Kachari Road, Begusarai- 851101

¶9

....... Applicant

¶10

Vs.

¶11

I. MIs Priya Fashion, Shop at Shop No.2 L Sona Jugeshwar Complex. Traffic Chowk, near Neelam Sadan, Begusarai through its proprietor Smt. Mrinalini Kumari.

¶12

Smt, Mrinalini Kumari, wife of Sri Rajesh Kumar. resident of Nelam Sadan, near Teen Mohalla, Chitragupta Nagar, Pokharia, Begusarai.

¶13

Shri Rajesh Kumar, Son ofTej Narayan Choudhary, resident ofNelam Sadan, near Teen Mohalla, Chitragupta Nagar, Pokharia, Begusarai

¶14

Sri Tej Narayan Choudhary, Son of Late Jagat Narayan Choudhary, resident of Nelam Sadan, near Teen Mohalla, Chitragupta Nagar. Pokharia. Begusarai

¶15

Sri Nabin Kumar Singh, Son of Late Rajendra Prasad Singh, resident of village- Pachamba, P.O.- Suhirnagar, Begusarai- 851218

¶16

Sri Ritu Raj, son of Sri Bhola Rai, resident of TtwaPipri Road. Post Office Dumri, Begusarai- 851112

¶17

....... Defendants

¶18

Present:

¶19

For the Applicant Shri Jyoti Prakash. Advocate For the Defendants no.1.2,3 Dr. Binay Kr. Singh, Advocate For the Defendants no.5 Shri Chandan Kr. Kashyap, Advocate and Shri NK Singh, Advocate

¶20

Dated:04,04,2025

¶21

JUDGMENT

¶22

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

¶23

~v\ 1',,.14;,,, 0 Ifle", Oebtl Jleoo .... " Tribuna.! 'A,a"

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OA 606 of 20221JI

ORT. PATNA

14.11.2022 against the defendants to recover its debts from defendants of Rs.32,32,674.13 as on 04.11.2022 along with pendente-lite and future interest at the contractual rate from 05.11.2022 with costs till realization.

¶30

The application has been tiled 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.

¶31

Defendant no.I is a proprietorship firm of which defendant no.2 is the proprietor. Defendant no. 3 to 6 are the mortgagers. Defendants approached the applicant bank for sanction of cash credit facility of Rs.II Lakh vide loan application dated 17.09.2013, which was sanctioned by the applicant bank on 17.09.2013 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 stocks in favour of the applicant bank.

¶32

Defendants again approached the applicant bank for enhancement of cash credit facility of Rs.II Lakh upto Rs.16 Lakh vide loan application, which was enhanced/sanctioned by the applicant bank on 28.01.2015 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 stocks in favour of the applicant bank. The said facility was renewed time to time.

¶33

Defendants again approached the applicant bank for sanction of working capital facility of Rs.28 Lakh vide loan application dated 06.08.2018. which was sanctioned by the applicant bank on 31.08.2018 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 stocks in favour of the applicant bank. The applicant bank has also sanctioned Covit-19 FlTL term loan of Rs.93,000/- on 31.12.2020.

¶34

After availing the sanctioned credit facilities. the defendants became irregular in repayment of their dues as per agreed terms and failed to adhere to

¶35

V\ p,,,,:Hlr, O~~ ReC')"etY O\S , .. . :....

OA 606 of20221JI

DRT,PATNA

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 30.05.2022.

¶40

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.

¶41

The total liability in the loan account is Rs.32,32,674.13 as on 04.11.2022 with pendente-lite and future interest contractual rate from 05.11.2022 till the realization.

¶42

This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 13.12.2022, 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. In response to the notice the defendants no. 1,2,3 & 5 have appeared but the defendant no.4 & 6 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 defendant no.4 & 6 on 23.05.2023 in "Hindustan" newspaper.

¶43

The defendant no. 1,2,3 & 5 have appeared but only the defendant no.5 has filed counter affidavit. As the statutory period to file written statement was already over hence vide order dated 09.02.2024, opportunity to file the written statement on behalf of the remaining defendants was closed and the defendants were given liberty to file rebuttal evidence. Same has not been filed. Hence the case was finally heard on 17.02.2025 and reserved for orders/judgment. Again on 17.02.2025 parties were given liberty to tile written notes of arguments within 15days but the same has not been tiled by the defendants.

¶44

Defendant no.5 in his counter affidavit has stated that the defendant no.5 has gone to the applicant bank for taking Bank loan and application, the bank kept land paper and took sign in black white paper. Till date applicant bank has not given loan to the defendant nO.5 but the applicant bank has used the land

¶45

~:"Oll_ Debt.; Recnvery Tribunal PAT.NA

OA 606 of20221JI

DRT,PATNA

paper and sign paper for guarantor of the defendant no.I&2. Thereafter the defendant no.5 has filed criminal complaint case vide complaint case no. 250 of 2023 before the ld. Chief Judicial Magistrate, Begusarai against the applicant Bank Branch Manager and defendant no. I to 2. Under the facts and circumstances of the case, the defendant no.5 is not responsible for recovery of loan amount from the defendant no. I to 2 and name may be deleted from original application.

¶50

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 Umesh Rajak, Chief Manager of the applicant bank. The details of documents are as follows:

¶51

SI.No	Description of Documents Photocopies	Date of Execution	Amount (In Lakh)	Signature Executants	of	Ex.! Ann. No.
I	Letter of repayment	17.09.2013	11.00	Defno.I&2		I
2	Agreement for Demand Cash Credit	17.09.2013	11.00	Def.no.I&2		2
3	Hypothecation agreement	17.09.2013	11.00	Def.no.I&2		, .)
4	Letter of Lien along with other documents	17.09.2013	11.00	Defno.I&2		4
5	Letter of guarantee	17.09.2013	11.00	Def.no.5		5
6	Letter of repayment	28.01.2015	16.00	Def.no.I&2		6
7	Agreement for demand cash credit	28.01.2015	16.00	Defno.I&2		7
8	Letter of guarantee	28.01.2015	16.00	Def.no.6		8
9	Letter	04.02.2016 03.05.2016	16.00	Bank & Defendant no.I&2		9
10	Letter of confirmation of balance	24.11.2016	--	Def.no.I&2		10
II	Sanction letter	29.11.2016	16.00	Bank accepted def.no.1 to	and by 3	II
12	Loan agreement cum hypothecation deed	29.11.2016	16.00	Def.no.l&2		12
13	Letter of access	29.11.2016	16.00	Def.no.l&2		13
14	Letter of Lien	29.11.2016	16.00	Def.no.I&2		14
IS	Letter of guarantee	29.11.2016	16.00	Def.no.3		IS
16	Loan application	06.08.2018	28.00	Def.no.l t03		16
17	Sanction letter	31.08.2018	28.00	Bank accepted def.no.lto.I	and by	17
18	Loan agreement cum hypothecation deed	31.08.2018	28.00	Def.no.I&2		18

OA 606of20221JI

DRT,PATNA

19	Letter of proprietorship with other documents	31.08.2018	28.00	Def.no.l&2	19
20	Letter	31.08.2018	--	Def.no.J .	20
21	Letter of uuarantec	31.08.2018	28.00	Def.no.3	21
22	Acknowledgement ofliability	29.06.2019	--	Def.no.1&2	22
23	Application	31.12.2020		Def.no.l&2	?' _y
24	Deed of FITL with other documents	31.12.2020	28.00 Rs.93,000/-	Def.no.1&2	24
25	Acknowledgement ofliabi1itv	23.05.2022	--	Def.no.I&2	25
26	Legal notice	21.06.2022	--	Bank's adv.	26
27	Statement of accounts	--	--	Bank	27

¶57

Heard arguments and perused the case record. During the course of arguments, there is no any specific denial on behalf of the appearing defendants with regards to the sanction of loan facilities and its utilization and further there is no any specific denial with regards to the execution of loan and security documents in favour of the applicant bank.

¶58

So far as the dispute raised by the defendant no.5 of filing complaint case against the -defendant no. 1 & 2 and the then Branch Manager in the year 2023 is concerned, in support of it, the defendant no. 5 has enclosed a photocopy of simply complaint application only.

¶59

On perusal of case records it appears that the applicant bank has produced guarantee agreement as Annexure-5 above executed by the defendant nO.5 for Rs.ll.OO Lakh. So far as the request of defendant no.5 with regards to deletion from the array of defendants is concerned, in this respect, on perusal of the loan documents it appears that the defendant no.5 has executed guarantee agreement for initial sanction of cash credit facility of Rs.ll Lakh only and not executed any loan documents for the enhanced facility. Hence the defendant no.5 is liable to pay the dues of the applicant bank with interest and legal charges to the extent of initial loan facility ofRs.ll Lakh.

¶60

So far as the liability of defendant no.6 is concerned, in this respect on perusal of the loan documents it appears that the defendant no.6 has executed guarantee agreement for enhancement of cash credit facility of Rs.16 Lakh only and not executed any loan documents for the further enhanced facility. Hence,

OA 606 of20221JI

DRT.PATNA

the defendant no.6 is liable to pay the dues of the applicant bank, to the extent of Rs.16 Lakh with interest and legal charges.

¶65

In the present case, the applicant bank has arrayed Sri Tej Narayan Choudhary, as defendant no.4 as guarantor but no guarantee agreement executed by the defendant no.4 has been filed hence the defendant no.4 cannot be held liable.

¶66

Ld. Counsel of applicant bank submitted that the defendants have taken the loans 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.

¶67

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.

¶68

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.

¶69

On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 30.05.2022. whereas the present application has been filed on 14.11.2022. 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.

OA 606 of20221JI

DRT,PATNA

Shri Umesh Rajak, 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.

¶74

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 of all the documents relied on in support of the claim.

¶75

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 verification of the record sworn the affidavit in respect of the contents of the applicationand the documentsas evidence.

¶76

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 Booksfurnishedalongwith applicationfiled undersubsection1of section19bythe applicant.

¶77

Section 4 of Banker's Books evidence Act, 1891 runs as under- SA. Mode of proof of entries in bankers' books.-Subiect to the provisions ofthis Act. a certified copy oj'any entry in a banker's book shall in all legal proceedings be received as prima facie evidence ofthe existence of such entry, and shall be admitted as evidence of rhe matters. transactions and accounts therein recorded in every ClIse where, and to the same extent as. the original entry itself is now by law admissible, but notfurther or otherwise.

¶78

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.

¶79

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.

OA 606of20221JI

DRT,PATNA

16, 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 04.11.2022 has been proved to be Rs.32,32,674.13 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.

¶85

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 except no.4 jointly and severally of Rs.32,32,674.13 along with pendente-lite and future interest @ 10% p.a. from 14.11.2022 (The date of tiling of this OA) till realization. So the final order may be passed accordingly. to meet the ends ofjustice.

¶86

ORDER

¶87

In the result, the application of the applicant bank is allowed and debt is determined with costs against the defendants. The defendants except no.4 are hereby jointly and severally. ordered to pay the applicant bank its debt amounting to Rs.32,32,674.13 along with pendente-lite and future interest @ 10% p.a. from 14.11.2022 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

¶88

It is made clear that the defendant no.4 is exonerated from the liability as no guarantee document has been produced by the applicant bank.

¶89

It is made clear that the defendant no.S is liable to pay the dues of the applicant bank with interest and other legal charges to the extent of initial loan facility of Rs.ll Lakh.

¶90

It is further made that the defendant no.6 is liable to pay the dues of the applicant bank with interest and other legal charges to the extent of enhanced loan facility of Rs.16 Lakh.

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OA 606 of 20221JI

DRT, PATNA

It is further made clear that any amount deposited by the defendants, be deducted in the claim amount, if not deducted.

¶96

Defendants are 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 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.

¶97

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.

¶98

Parties are directed to appear before the Recovery Officer, DRT, Patna on 14,05,2025. The order be communicated accordingly.

¶99

Judgment signed, sealed, dated and pronounced in the open court on 04th day of April, 2025,

¶100

Dictated &corrected by me.

¶101

[K~~~adavl Presiding Officer Debts Recovery Tlfflwjtl, Patna :;v~,'II1I[? l:11~'1Jfi1 .,,.•.. TJ.GQO"Ja'C'l l(W"'· l' ,,:n ll,

¶102

fDBMNO , [",,_ ... 24(1))

¶103

DEBTS RECOVERYTRlBVNAL PATNA

¶104

2nd Floor, (A. B a: F Wmg) Karpuri Thakur Sadao, K.cadriya Karamcbari Parisar(GPOA), Ashiana Digla Road, PatJla.8OOO2S.

•

•

RC No. 121/2025

Cue No: OA/606I2022

In the Matter of:
(CH-.) BANK Of BARODA (VUAYA BANK)
BEGUSARAIMAlN BRANCH, KACHARI ROAn
BEGUSARAI .BIHAR -IISIlOI

Applicaol{$}

---. Versus --- ..

To,

(CD-I) MIS PRIYAFASHION
Ihroughits proprietorSmt. Mrinalini Kumari, Shop 31Shop No.21,
SODalugeshwaf Complex. Traffic Chowk, ncar Ncclam Sadan,
Begusem! ,BIHAR

¶115

(CD- Z) SMT. MRINALINI KUMARI WIFE OF SRI RAJESH KUMAR RESIDENT OF NELAM SADAN NEAR TEEN MOHALLA, CHITRAGUPTA NAGAR POKHARIA, BEGUSARAI.

¶116

(CD- 3) SRI RAJESH KUMAR
SON OF TEJ NARAYAN CHOUDHARY RESIDENT OF
NELAM SADAN. NEAR TEEN MOHALLA.. CHITRAGUPTA
NAGARPOKHARlA. BEGUSARAI.

¶117

Defimdanl(s)

¶118

(CD- 4) SRI ru NARAYAN CHOUDHARY
SON Of LATE JAGAT NARAYAN CHOUDHARY,RESIDENT
OF NELAM SADAN NEAR TEEN MOHALLA.
CHITRAGUPTA NAGAR POKHARIA. BEGUSARAI.

¶119

(CD- S) SRI NABIN KUMAR SINGH SON OF LATE RAJENDRA PRASAD SINGH RESIDENT OF VILLAGE PACHAMBA. P.O. SUHIRNAGAR., BEGUSARAI _ 851218

¶120

(CD- 6) SRI RIllJ RAJ SONOF SRI BHOLARAI, RESIDENTOf ITWAPIPRI ROAD, POSTOfFICE DUMRl, BEGUSARAI- 851112

¶121

Jbm:HY. OrdDc.cr rorRs 3211"4 13 I 'ppm Dirty Dro 14"' DIrty Twg De'lplds 5jl U,MwI Smptr t'OIrAIdPt. DlrtlilP Oply

¶122

In terms of final order dated 04/0412025 passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a swn of . 3231674.13 along with cost, expenses and interest from the 14/1112022 i.e. dale of iding 1 with effective date of the OAl~022 future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

¶123

In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the mortgagOOlhypothecatedassets as well as other personal movable! Immovable assets oftbe certificate debtors.

¶124

The mbrtgaged 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 oftbe Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993. Parties an:diruied to appear befon: ASHJSH KUMAR. Recovery on-Jeer, DEBTS RECOVERYTRIBUNALPATNA on 14/(15/2025.

¶125

Tbe Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 2S 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.

¶126

It is made clear that defendant no. 4 exonerated from the liability as no guarantee document has been produced by the applicant bank. It is made clear that defendant no. 5 is liable .to pay the dues of the applicant bank with interest and other legal charges to the extent of initial loan facility of Rs. II Lakh. It is further made clear that defendant no. 6 is liable to pay the dues of the applicant bank with interest and other legal charges to the extent of enhanced loan facility of Rs. 16 Lakh.

¶127

This Certificate has been issued under my signature and seal oftbe Tribunal on this 07/0411025

¶128

~.
.l:IiIk. ~"ovel')' 'Tribunal
P;j'lh,

¶129

PP I :::::'CER
DEBTSRECOVERyl=AFr'1A
. } .ajftC(1(P
·"",-j,'I1118 "_',",'" ,A
:" ,. r'{ '1.'".... ..,. .....
})pt,~!."
. Ii'.l'A•• ••

¶130

FORM NO. 10 [See Regulation 24(2)1

¶131

DEBTS RECOVERY TRIBUNAL PATNA

¶132

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

¶133

SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

¶134

RC No. 12112025

¶135

¶136

Case No: OAl606/2022

¶137

Applicant(s): BANK OF BARODA (VIJAYA BANK) Versus

¶138

Defendant(s): MIS PRlYA FASHION

¶139

IISr.No.	_. Item of Costs	Amount inRs.
1.	Fee on the application	35000
2.	Process Fees(Inc. Publication)	0
3.	Advocate Fees	0
~.	CommissionerlReceiverNaluationiSecurity Fee	0
5.	IMiscellaneous Charges	10
	Total Costs: Rs. -	35000

¶140

Place: PATNA

¶141

Date: 07/04/2025

¶142

Note: Strike out whichever is not applicable

¶143

PRESlDINCER DEBTS RECOVERY TRIBUNAL PATNA ?7!111r!f1rJfJ rofJItd , ... r r.11·.J''nfl) ",bi' Rocov",. Y u . ...' i>l'l:UJ\

Bank of Baroda (Vijaya Bank) v. M/s Priya Fashion

Case brief

What is this about?

What did the court decide?

Bank of Baroda (Vijaya Bank) v. M/s Priya Fashion

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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