Allowed

Bank of Baroda v. Manoj Gandhi

DRT3 Aug 2026OA/173/2026

Case brief

AI extract

What is this about?

Bank of Baroda filed an application for recovery of outstanding loan dues against two borrowers. The Tribunal examined the pleadings and the evidence affidavit, noting the defendants admitted taking the loan. The application was allowed, declaring the defendants jointly liable to pay the claimed amount with future interest.

What did the court decide?

The defendants are directed to pay Rs. 30,99,963.66 with future interest at 6% simple interest and costs. A recovery certificate was issued for enforcement of the debt.

Bank of Baroda versus Manoj Gandhi — Contract and Commercial Disputes | DRT (2026)

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“ORIGINAL APPLICATION” No. 173 of 2026

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 173 OF 2026

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DATE OF DELIVERY OF ORDER 03.08.2026

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BANK OF BARODA , A Banking Company and a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 having Head Office at Bank of Baroda, Baroda Bhavan, Alkapuri, R.C. Dutt Road, Vadodara- 390007 & one of its Branch Office is at Bank of Baroda, MPB 50, Rajeev Gandhi Nagar, Mahaveer Nagar, Kota, Rajasthan- 324005 through its constituted Power of Attorney holder and Chief Manager.

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…..Applicant Bank…..

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VERSUS

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1. Mr. Manoj Gandhi S/o Shri Jay Kumar Gandhi, R/o House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan - 324005.

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2. Mr. Jay Kumar Gandhi S/o Shri Guru Datta Mal, R/o House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan - 324005.

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……Defendants…..

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Counsel for the Applicant Bank Ms. Anubha Singh Defendant in person Sh. Manoj Gandhi

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Order signed & uploaded on 05.08.2026.

OA No. 173 of 2026

JUDGMENT

This Original Application was filed by the applicant bank on 20.01.2026 for recovery of outstanding amount of Rs. 30,99,963.66/- from the Defendants.

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As per the pleadings, Defendant No. 1 and Defendant no. 2 in the capacity of borrowers had approached the applicant bank for availing Baroda Home Loan – Baroda Home Loan Advantage.

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After due consideration, the said loan facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2021 vide sanction letter dated 01.12.2021 for a total sum of Rs. 20 Lac.

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It is submitted that in order to avail the said credit facility, the Borrowers had personally executed, signed and delivered necessary documents in favour of the Applicant Bank.

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It is submitted that with a view to secure the due repayment of the outstanding amount under the credit facility along with all cost, expenses and charges granted by the Applicant Bank Defendant No. 2 created equitable mortgage in favour of the Applicant Bank in respect of a Residential Property situated at House No. 55, Mahaveer Nagar, Competition Colony, Kota, Rajasthan belonging to Defendant No. 2 Mr. Jay Kumar Gandhi.

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It is submitted that the Borrowers started availing the said credit facility on a regular basis which is better described and accounted for in the statement of account kept in the regular

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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course of business by the Applicant Bank showing all the transactions.

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It is submitted that the Borrowers applied for Baroda TopUp Loan for Rs. 7 Lac and the same was sanctioned by the Applicant Bank vide sanction letter dated 14.11.2022.

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It is submitted that it is pertinent to mention here that the Applicant Bank has deposited the entire amount in the account of the Borrowers after the sanction of loan facilities. The Applicant Bank has also reversed the uncharged interest for the accounting purpose which the Applicant Bank is entitled to recover, which is also evident from the perusal of the statement of accounts.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 02.11.2024. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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10.Summons were issued to the Defendants on 06.02.2026 through court commissioner. The court commissioner filed his report dated 15.04.2026 and as per the report the Defendant No. 2 accepted the summons for the Defendant No. 1 also on 08.04.2026. Defendant No. 1 sent his reply dated 03.07.2026 through registered post.

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11.Defendant has filed reply and the Defendant respectfully submits that the claim filed by the Applicant Bank is incorrect, incomplete, and based on concealment of material facts. The Defendant has consistently remained in contact with the Bank and has made genuine efforts to resolve the

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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loan account. A written objection, supported by relevant documents and evidence, was submitted to the Bank, however, no response has been received, and the Bank has proceeded with unilateral action.

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12.The Defendant further submits that the interest, charges, and other amounts claimed by the Bank are excessive and disputed, and that no proper statement or justification has been provided. The Defendant contends that the Bank has acted without affording a fair opportunity of hearing, in violation of the principles of natural justice.

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Heard arguments and perused the record.

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In this matter, Sh. Manoj Gandhi has sent a letter to take it as a reply, though it is dated 03.07.2026, but only allegations made is the bank has not replied his objections till date. He has already taken up the matter with the Government Authority. He has not denied having taken loan as in Para no. 2 of the letter as it is mentioned that “;g fd esjs }kjk fy, x, _.k ds laca/k esa cSad ds lkFk fujarj laidZ ,oa Hkqxrku lek/kku dk iz;kl fd;k tkrk jgk gSA cSad dks eSaus vkiÙkh isij fy[k dj fn;k gS ftldk tokc vkt rd cSad us ugha fn;k gS vkSj cSad ,drjQk dk;Zokgh dj jgk gS tks eq>s ekU; ugha g S A” so, it is very categorically admits the taking of loan. In view of this the Original Application stands decreed with 6% simple interest. Recovery Certificate be issued.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Sandeep Singh coupled with the recitals in the documents, viz Exhibit A/1 to A/33 marked on behalf

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 173 of 2026 is allowed declaring that:-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 30,99,963.66/- (Rupees Thirty Lac Ninety Nine Thousand Nine Hundred Sixty Three and Sixty Six Paisa Only) with pendente lite and future interest @ 6% (simple) from 14.12.2025 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property –

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Equitable Mortgage of Residential Property situated at House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan, 324005 belonging to Defendant No. 2 Mr. Jay Kumar Gandhi

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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17.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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18.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 08.09.2026 .

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19.Prepare Recovery Certificate accordingly.

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20.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 03.08.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 173 OF 2026

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DATE OF DELIVERY OF ORDER 03.08.2026

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. Mr. Manoj Gandhi S/o Shri Jay Kumar Gandhi, R/o House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan - 324005.

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2. Mr. Jay Kumar Gandhi S/o Shri Guru Datta Mal, R/o House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan - 324005.

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……Defendants…..

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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Recovery Certificate for Rs. 30,99,963.66/-

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In terms of final order dated 03.08.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 30,99,963.66/- (Rupees Thirty Lac Ninety Nine Thousand Nine Hundred Sixty Three and Sixty Six Paisa Only) with pendente lite and future interest @ 6% (simple) from 14.12.2025 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property –

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Equitable Mortgage of Residential Property situated at House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan, 324005 belonging to Defendant No. 2 Mr. Jay Kumar Gandhi

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 08.09.2026 .

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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and 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 Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 03.08.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 173 OF 2026

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DATE OF DELIVERY OF ORDER 03.08.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Mr. Manoj Gandhi S/o Shri Jay Kumar Gandhi, R/o House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan - 324005.

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2. Mr. Jay Kumar Gandhi S/o Shri Guru Datta Mal, R/o House No. 55 and 56, Competition Colony, Mahaveer Nagar-III, Dadabadi, Kota, Tehsil Ladpura, Kota, Rajasthan - 324005.

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……Defendants…..

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Order signed & uploaded on 05.08.2026.

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OA No. 173 of 2026

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S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	33,005.00
2	Process Fee (Inc. Publication)	NIL
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	20,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	54,255.00

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 05.08.2026.

OA No. 173 of 2026

03.08.2026

Counsel:

Ms. Anubha Singh, Counsel for Applicant Bank Sh. Manoj Gandhi, Defendant in person

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 05.08.2026.

OA No. 173 of 2026

03.08.2026

Counsel:

Ms. Anubha Singh, Counsel for Applicant Bank Sh. Manoj Gandhi, Defendant in person

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The Tribunal vide order dated 03.08.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

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The Registrar vide order dated 03.08.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 05.08.2026.

Bank of Baroda v. Manoj Gandhi

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Manoj Gandhi

Case brief

What is this about?

What did the court decide?

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