Allowed

Bank of Baroda v. Mr Mukesh Singh

DRT16 Sept 2025OA/643/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by Bank of Baroda against two borrowers for recovery of a term loan amounting to Rs. 22,92,225.77 along with interest and costs, as the defendants failed to appear or file a written statement, and the bank proved its case through documentary evidence.

What did the court decide?

Order passed directing defendants to jointly and severally pay the applicant bank Rs. 22,92,225.77 along with pendente-lite and future interest at 10% p.a. with compounded monthly rests from the date

Bank of Baroda versus Mr Mukesh Singh — Banking and Recovery | DRT (2025)

OA 643 of2024jJl

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. 643 of 2024

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Bank of Baroda, branch at Danapur, District- Patna, Bihar

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.Applicant

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Vs.

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Mr. Mukesh Singh, son of Sri Lok Nath Singh, resident of villageBarap, P.O.- Garghani (Agiaon), P.S.- Bhagwan, District- Bhojpur, at Ara- 802203 (Bihar).

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Also at- Flat No. 504, 5th Floor, Parmila Sudha Kunj Apartment, R.K. Puram, Khagaul Road, Danapur, Patna 801503 (Bihar)

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Mrs. Sindhu Devi, wife of Mr. Mukesh Singh, resident of villageBarap, P.O.- Garghani (Agiaon), P.S.- Bhagwan, District- Bhojpur, at Ara- 802203 (Bihar).

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Also at- Flat No. 504, 5th Floor, Parmila Sudha Kunj, Apartment, R.K. Puram, Khagaul Road, Danapur, Patna 801503 (Bihar)

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Jyoti Prakash, Advocate For the Defendants Shri Amit Pandey, Advocate Shri Thakur Manish Mohan, Advocate Shri CSP Sinha, Advocate Shri Vijay Kumar, Advocate

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Dated: 16.09.2025 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 06.12.2024 against the defendants to recover its debts from defendants of Rs.22,92,225.77 as on 18.10.2024 along with pendente-lite and future interest at the contractual rate from 19.10.2024 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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%\i Prestdiat OjIcn Debts Recovery TnbunaJ PA Fia A

OA 643 of20241JI

DRT, PATNA

3 . Defendants approached the applicant bank for sanction of Term Loan of Rs.5 Lakh vide loan application dated 10.05.2013, which was sanctioned by the applicant bank on 13.05.2013 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 created mortgage in favour of the applicant bank, details of which are given in OA.

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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 30.11.2019.

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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 M.22,92,225.77 as on 18.10.2024 with pendente-lite and future interest contractual rate from 19. 10.2024 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 09.01.2025, 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 vakalatnama dated 05.02.2025 but have failed to file their written statement within the statutory period. They have also failed to file their rebuttal evidence despite the opportunity. Even at the time of final arguments, none has appeared for the defendants.

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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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IEIIIIIII e ]E11 :311 1=::re :I!I?film D PATrv 4

DRT, PATNA

OA 643 of 2024IJI

given evidence on affidavit by way of affidavit by Shri Ritesh Kumar Verma, Chief Manager of the applicant bank. The details of documents are as follows:

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Sl.No	Description Documents Photocopies	n	oate of Execution	IAmount 1(in Lakh)	Signature Executants	of	1Ex./ Ann No.
	Loan applicatio	n	08.05.2013	15.00	Defendants
	Sanction letter		13.05.2013	15.00	Bank accepted defendants	and by
	Letter of install	ment	14.05.2013	15.00	Defendants
	Declaration undertakings authorit'	cum cum	14.05.2013	15.00	Defendants
	PDR-borrower		14.05.2013	15.00	Defendants
	Loanagreemen	t	14.05.2013	15.00	Defendants
	) ofabsolutesale		14.05.2013
8	Letter to ban creationof EM	kfor	05.06.2013	15.00	Defendant n	o.2	8
	Declaration		14.05.2013	15.00	Defendant n	o.2	9
	Lettertobank		27.07.2021		Defendants
	Lettertobank		28.10.2024		Defendants
	Legalnotice		25.10.2024		Bank adv.
	Statementofac	count			Bank

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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 laos. The

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D e b L =:d: :: e ::JIIIIIF==U n !U I' A'Fly A

OA 643 of 20241Jl

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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 30.11.2019, whereas the present application has been filed on 06.12.2024. 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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Shri Ritesh Kumar Verma, 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 aU 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 The statement of account maintained in the ordinary course of

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evidence

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Yb\

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Presiding 0 fIcer Debts Recovery TribunaJ PA'l’iN A

OA 643 of 2024IJI

DRT, PATNA

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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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 18.10.2024 has been proved to be Rs.22,92,225.77 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.22,92,225.77 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 06.12.2024 (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.22,92,225.77 along with pendente-lite and fUture interest @ 10% p.a. with compounded monthly rests from 06.12.2024 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

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PresIding O©cer Debts Recovery Tribunar PA'lIIN A

DRT, PATNA

OA 643 of2024jJ1

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 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.

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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 Tribunal, Patna Prestcling Oficer Debts Recovery Trjb>,Inn) PA'PHA

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FORM NO. 9 [See Regulation 24( 1 )]

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DEBTS REC’O'ER\ TRI BLIX.'\l PA'l'N A

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2nd Floor, ( A. B & F \vinc) Kurpuri Thakur Sadan. Kendri)'a Karamchari Parisur (GPOA ), Ashiana Digha Road, Patna-800025-

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RECO\ ER' CERTIFICATE I INnER SECTION 19(Z)(B)

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BANKI iII PTC' ACT, 1993, .\S AMENDED FROM TIME TO TIME.

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R(- No. 315/2025 IN

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Case No: OA/643/2024

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Ill the N/latter ol ((-H- I) BANK OF BARODA IIRr\NC-FI /\T DANAPLR Applicant(s) I'-'I-\ A .13111 At? -o

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Vcrs us

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(('D- I ) N'IR MUKESII SINGH SON (_)F SRI LOK NAI'H SINGH I{ESIDLNT OF VILLAGE BARAP PO GARGHANI (AGI AON) P.S BHAGWAN. I'iltna .BIll AR -80 1 503

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/\ Iso '\t 1' 1 /\T N( )'504. STI I FLOOR. P'\ R N’I IL A St: D I IA KtJNJ APA R'i-MEN-r. R. K. PLIRA M. K IIA(iAUI. KO AD. DANAPUR. PATNA- 801 5(J3 ( BIHAR) Defendant(s) (CD- 2) \IRS. SINDHU DEVI \'IFF ( JF MR. Mt_lKES Ll SINGH. RESIDENT OF VILLAGE BARAP, P.O.- GARGHANI (AGIAON ) I>.S.- BHA(iWAN. DISTRICT- BHOJPUR. AT ARANt)32t)3 ( BIHAR )

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/\ Iso At 1;L,\T NO.5(H, 5TI I FLOOR. PARR'IILA SUD11 A KLJNJ APAR’i-NiEN-r, R.K. PURAM. KIIAG AU[

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ROAD. DANAPUR. PATNA- 80 1 503 ( BIHAR)

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Recovery Certificate for Rs 2292225.77 1 Rupees Twenty Two Lakhs Ninety Two Thousands Two Hundred Twenty Five And Pirise Seventy Seven OnI} LI

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Ill terms ot- linal c)r(lcr datecl I (1 ( 19/2025 passed by tllis -l-l'ibunal in the above mcntloncd case, it is ordered that the Applicall{ Ccrtilicatc Holder Bank is cntiLlcd LO recu\ cl- a sum of Rs. 2292:25,77 along with cost. expenses and interest frI}In the o(,/ 1 2/2024 i.e. date of filing / with effective date of the OA/643/2024 and future interest from order date till the ILIfe of realisation in full, jointly or severally from the Certificate Debtors, hcninafter referred to as:-

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S1B+11	0 11bIInDXa111C	!! : : Inte 1r)pPC/) lode	Int. Rate	Effective Date	Order Date	AnIuunt(Rs.)	Liability	Interest(as on Order Date)
	:\IR \1LJKESI I iS1X G H	ICompot Intl IIntcrest I(Ntonthlv )		kr1:/211:+	1(1'o')]o:5		Fuintlv And ;c\ craljy	[ntL’rest As in Order iDatc	E2292225,77
	hIllS, rSl\DHL iDEVI	IL-olnpouncl Interest itMonthly ) I	IO	!06/12/2024	ll 6/09/2025 I	12292225.77	lointlyAnd ;-crally	InterestAs }nOrder !Date

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In case of failure to pay the aforementioned adjudicated amount within 30 days. same shall be recovered from the sillc of the in(>rtpagetHhypothecatctI assets as \’cII as t)thct- personal nlc)-able/ Inrnlc)'ablc assets of the celtincate debtors.

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TIle mortgagcd or h>-pothec:llcd assets to SCCLll-e the ItIttn in question :irc IIL'reb) attnclled and shall be subject to the tin iII order under the lrco-cry proceeding in pursllilncc t)t- the Recovery certificate issued under Section 19(22) of Rccovcrv of Debts and Bankruptcy Act 1 993

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P:lrticq ilr,.' directed to appear before ASHISH KUMAR . Recover)’ Of-ticcr. 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 undel Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) t-ronr the above named Certificate Debtors.

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This Certificate has been issued under my signature and seal of the Tribunal on this 1 7/09/2025

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a<br>Registrar
Debts Recovery Tribunat
Patna

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PRESIDING OFFICER DEBTS RECOVER\’ ’l'RIBUN AL PAI-NA

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

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DEBTS RECO\’l':R\’ 1-RIBUNAIJ PATNA

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2nd I'-loor, ( A. B & F Wing) Karpuri -1-hai<ur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digll tI Road. Patna-800025.

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

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RC No. 315/2025

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Case No,: OA/643/2024

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Applicant(s): BANK OF BARODA

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Versus

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Defendant(s): MR MUKESH SINGH

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Item of Costs	lount inRs
Feeon the application	m5
Process Fees(Inc. Publication)	Fo
AdvocateFees	Fo
Commissioner/Receiver/Valuation/Security Fee	ro
MiscellaneousCh, ies	[0
Total Costs:Rs	125000

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Place: PAI-IN A

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Date: 17/09/2025

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PRESIWG OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not dpplicablc

Bank of Baroda v. Mr Mukesh Singh

Case brief

What is this about?

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Bank of Baroda v. Mr Mukesh Singh

Case brief

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