Punjab National Bank versus Dev Narayan Rai

1 Dev Narayan Rai, (Borrower/Mortgagor), S/o Late Ram Deo Rai, Resident of Village-Bagahi, P.S.-Garkha, District-Saran, Chhapra! PIN Code-841415 (PAN No.- APRPR5542Q)

¶11

2 LaI Muni Devi, (Legal HQir of Deceased Borrower Avadhesh Prasad Yadav), W/o Late Avadhesh Prasad Yadav, Resident of Village- Bagahi, P.S.-Garkha, District-Saran, Chhapra, PIN Code-84 1415.

¶12

3 Rajesh Kumar Yadav, (Legal Heir of Deceased Borrower Avadhesh Prasad Yadav), S/o Late Avadhesh Prasad Yadav, Resident of VillageBagahi, P.S.-Garkha, District-Saran, Chhapra, PIN Code-841415

¶13

4 Navin Kumar Yadav, (Legal Heir of Deceased "Borrower Avadhesh Prasad Yadav), S/o Late Avadhesh Prasad Yadav, Resident of VillageBagahi, P.S.-Garkha, District-Saran, Chhapra, PIN Code-841415

¶14

5 Praveen Kumar Yadav, (Legal Heir of Deceased Borrower Avadhesh Prasad Yadav), S/o Late Avadhesh Prasad Yadav, Resident of VillageBagahi, P.S.-Garkha, District-Saran, Chhapra, PIN Code-841415

¶15

6 Prakash Kumar Yadav, (Legal Heir of Deceased Borrower Avadhesh Prasad Yadav), S/o Late Avadhesh Prasad Yadav, Resident of VillageBagahi, P.S.-Garkha, District-Saran, Chhapra, PIN Code-841415

¶16

Defendants

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Present:

¶18

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

¶19

Dated:05.09.2026

¶20

JUDGMENT

¶21

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 22.03.2024 against the defendants to recover its debts firom defendants of

¶22

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2

OA 182 of20241JI

DRT, PATNA

Rs.22,29,738/- as on 30.09.2023 along with pendente-lite and future interest at the contractual rate from 01.10.2023 with costs till realization.

¶27

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.

¶28

Defendant no. 1 along with deceased borrower Avadhesh Prasad Yadav approached the applicant bank for sanction of loan facility of Rs.27.50 Lakh in the shape of Agriculture Loan for Layer Farming, vide loan application dated 22.05.2018, which was sanctioned by the applicant bank on 22.05.2018 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendants. To secure the loan facilities defendants no.I along with deceased borrower Avadhesh Prasad Yadav have executed various loan and security documents and also created mortgage in favour of the applicant bank, details of which are given in OA.

¶29

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 01.11.2021.

¶30

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.

¶31

The total liability in the loan account is M.22,29,738/- as on 30.09.2023 with pendente-lite and future interest contractual rate from 01.10.2023 till the realization.

¶32

This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 14.05.20249 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. But the defendants have not appeared9 hence) the Registry of this Tribunal has ordered to publish the notice in newspaper and

¶33

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3

OA 182 of20241JI

DRT, PATNA

subsequently, substituted service by publication of notice by way of advertisement in newspaper was also made against the defendants on 31.05.2025 in “The Times of India” and “Dainik Jagran” newspapers.

¶38

Despite the registered summons/notices and publication of notice in newspaper, 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 12.08.2025

¶39

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 Ajeet Kumar, Dy. Manager of the applicant bank. The details of documents are as follows:

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SI.No	Descriptionof Documents PhotocoDies	1 Dateof IExecution	Amount (in Lakh	Signat Executant	ure of s	Ex./ Ann No.
	I			Bank
	o			Def.no.1a deceased Avadh Yadav	longwith borrower eshpd
3	a		27.50	Bank and by def.n with borrower Pd. Yadav	accepted o.1along deceased Avadhesh	3
4	Hypothecation agreement	22.05.2018	27.50	Defno.1a deceased Avadh Yadav	longwith borrower eshpd	4
5	Balance and security confirmationletter	07.05.2021		Def.no.I		5
6	Affidavit with regardstodepositof titledeeds	12.04.2018		e
7 series	Photocopies ofsale deeds alongwith letter dated 12.06.2018tobank			Def.no.1		7 series
	Demand notice	01.02.2022
	Statementofaccount

¶41

8 Heard arguments and perused the case record.

qq

4

OA 182 of20241J]

DRT, PATNA

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.

¶47

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.

¶48

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 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.

¶49

On the issue of Limitation, to prove it, the applicant bank has submill,ed that the applicant bank has declared the account as NPA on 01.11.20219 whereas the present application has been filed on 22.03.2024. Even9 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.

¶50

Shri Ajeet Kumar, Dy. 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.

¶51

Section 19(3) of the Recovery of Debts and Bankruptcy Act9 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.

¶52

V& P r C S i ( ! i p q 1?? !13rl ? :: \at1[1111!iI t) et) t $ 11iF:b Ie T;iIi /L

5

OA 182 of2024jJI

DRT, PATN A

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.

¶57

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 Rrrnished along with application filed under sub section 1 of section 19 by the applicant.

¶58

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 cert Oed 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.

¶59

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.

¶60

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.

¶61

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 30.09.2023 has been proved to be Rs.22,29,738/- only by way of statement of account. 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.

\4/

6

OA 182 of2024jJI

DRT, PATNA

In the present case, as the defendant no. 2 to 6 are the legal representatives of the deceased defendant Avadhesh Prasad Yadav, hence the defendant no. 2 to 6 are liable to pay the dues of the applicant bank with interest and other legal charges to the extent of inherited properties from their deceased .

¶67

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.22,29,738/- along with pendente-lite and future interest @ 11.20% p.a. simple from 22.03.2024 (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

¶69

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.22,29,738/- along with pendente-lite and future interest @ 11.20% p.a. simple from 22.03.2024 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

¶70

It is made clear that the defendant no. 2 to 6 are liable to pay the dues of the applicant bank with interest and other legal charges to the extent of inherited properties from their deceased.

¶71

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

¶72

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 Bar&ruptcy Act 1993. The applicant may submit the certified copy of this Judgment and the

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X\

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Presiding O ’ er Dd t?A y IIna I

7

OA 182 of2024jJI

DRT, PATNA

Recovery Certificate before the Registrar/Sub- Registrar to endorse the charge over the secured assets.

¶79

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 by the applicant. If The Applicant /Cert Dcate holder fails to comply with directions of the Recovery OffIcer, the execution may be dismissed for non-prosecution. The copy of this judgment be uploaded in the website of the Tribunal.

¶80

Parties are directed to appear before the Recovery Officer, DRT, Patna on 22.10.2026. The order be communicated accordingly.

¶81

Judgment signed, sealed, dated and pronounced in the open court on 05th day of September, 2026.

¶82

Dictated & corrected by me.

¶83

[Kaushalendra Yadav] Presiding Offjcer D'"bfEWHqWaH

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FORM NOf 9 [See Regulation 24( 1 )]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor1 (A. B & F Wing) KaoM ThAw SadanT Kenctiya Kammchari ParisF (GPOA), Ashiana Digha Raatl Patna-800025

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EAD WITH SECTIOI IE R IV hI LIb

RC No. 253/2026

IN

Case No: OA/182/2024

In the Matter of: (CH- 1) PUNJAB NATIONAL BANK HATHUA MARKET CHHAPRA BRANCH

Applicant(s)

SARAN ,BIHAR -0

To

(CD- 1) DEV NARAYAN RAI

¶96

S/0 LATE RAM DEO RAI Resident of Village- Bagahi, P.S.- Garkha9 S.Iran ,BIHAR - 841415

¶97

(Cb 2) LAL MUNI DEVI

¶98

(LEGAL HEIR OF DECEASED BORROWER AVADHESH PRASAD YADAV) W/0- LATE AVADHESH PRASAD YADAV, RESIDENT OF VILLAGE- BAGAHI, P.S.- GARKHA}

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DISTRICT- SARAN CHHAPRA, PIN CODE- 841415

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(CD- 3) RAJESH KUMAR YADAV (LEGAL HEIR OF DECEASED BORROWER AVADHESH PRASAD YADAV) S/0- LATE AVADHESH PRASAD YADAVS RESIDENT OF VILLAGE- BAGAHI, P.S.- GARKHA,

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DISTRlcr- SARAN CHHAPItA, PIN CODE- 841415

¶102

Defendant(s)

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(Ch 4) NAVIN KUMAR YADAV (LEGAL HEIR OF DECEASED BORROWER AVADHESH PRASAD YADAV) S/0- LATE AVADHESH PRASAD YADAV, RESIDENT OF VILL AGE- BAGAHI, P.S.- GARKHA,

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DISTRICT- SARAN CHHAPRA, PIN CODE- 84 1415

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(Cb 5) PRAVEEN KUMAR YADAV

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(LEGAL HEIR OF DECEASED BORROWER AVADHESH PRASAD YADAV) S/0- LATE AVADHESH PRASAD YADAV, RESIDENT OF VILLAGE- BAGAHI, P.S.- GARKHA,

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DISTRICT- SARAN CHHAPRA, PIN CODE- 841415

¶108

(CD- 6) PRAKASH KUMAR YADAV

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(LEGAL HEIR OF DECEASED BORROWER AVADHESH PRASAD YADAV) S/0- LATE AVADHESH PRASAD YADAV. RESIDENT OF VILLAGE- BAGAHI, P.S.- GARKHA,

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DISTRICT- SARAN CHHAPRA. PIN CODE- 841415

¶111

¶112

In terms of final order dated 05/09/2026 passed by this Tribrural in the above mentioned case. it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs: 2229738.00 along with cost, expenses and interest from the 22/03/2024 i.c. date of filing / with effective date of the OA/182/2024 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

¶113

	Int.Type/Mode	Int. Rate		Date		[UaUbV Type	i IE::::thai:)n
'EVN-XkAYX&	Interest Yearly)	I1 .20				And	A:’on Date
		11 .20	13/2024		18.00	And ly	-lil-JrcstAson Date
		1.20			.00		ms Date
NINKUMAR 'ADAV	’early)	11 .20		15/09/2026	.00	I; Aid veraily	on
’ADAV	Interest	11 .20		}/2026		A-n’d	X foI; Date
1KUMAR ’ADAV						i$ All	AsOIl

¶114

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 c=nificate debtors,

¶115

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. Parties are directed to appear before NIANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATqA on 22/10/2026

¶116

The Recovery Officer shall realize the amount as per this Certificate in the manner and lnode 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

¶117

It is made clear that the defendant no. 2 to 6 are liable to pay the dues of the applicant bank with interest and other legal charges to the extent of inherited properties from their deceased.

¶118

This Certificate has been issued under my signature and seal of the Tribunal on this 09/09/ 3026

¶119

G. RegIstrar RRHn 'ts Recovery Tribunal, Patna PIRV# -' -' ' - nTT

¶120

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA Pr est ng Ollie-1 averY T11k’una Debts Rec ATNA

¶121

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

¶122

DEBTS RECOVERY TRIBUNAL PATNA

¶123

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

¶124

SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 253/2026

IN

Case No: OA/182/2024

Applicant(s): PUNJAB NATIONAL BANK Versus

¶129

Defendant(s): DEV NARAYAN RAI

¶130

Item ofCosts	iAmount inRs
'eeonthe application	:5000
'rocessFees(Inc.Publication)	ro
.dvocate Fees	ro
I	ro
MiscellaneousCharges	ro
o	:5000

¶131

Place: PATNA

¶132

PRESIDING OFFICER Date: 09/09/2026 DEBTS RECOVERy TRIBUNAL PATNA

¶133

Note: Strike out whicheve, is not ,pphcable

¶134

. f’::';'':: :: CT: Debts Recovery TribunE) PATN A

Punjab National Bank v. Dev Narayan Rai

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Punjab National Bank v. Dev Narayan Rai

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