In an originating application under Section 19 of the RDB Act for recovery of dues, the DRT held the bank had jurisdiction. The account was within the limitation period. The court relied on certified documents and filings.
Issued recovery certificate for the claimed amount with interest and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 OA 19 of 2024[J]
DRT, PATNA
Debts Recovery Tribunal, Patna
Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025
Presiding Officer : Shri Kaushalendra Yadav
OA Case No. 19 of 2024
Bank of Baroda (erstwhile Vijay Bank), Munger Branch, Munger
......Applicant
Vs.
Defendants
Present:
Shri Umapati Jha, Advocate For the Defendants Shri Alok Abhinay, Advocate For the Applicant
Dated:25.06.2026
JUDGMENT
Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on 26.12.2023 against the defendants to recover its debts from defendants of Rs.36,02,148.49 as on 30.11.2023 along with pendente-lite and future interest at the contractual rate from 01.12.2023with costs till realization. 1. The Applicant bank has made this application u/s 19 of the Recovery of
2
OA 19 of2024[J]
DRT, PATNA
in OA equitable mortgage in favour of the applicant bank, details of which are given
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.
The total liability in the loan account is Rs.36,02,148.49 as on 30.11.2023 with pendente-lite and future interest contractual rate from 01.12.2023 till the realization.
This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 30.01.2024, requiring them to show-cause within 30 days of the service U/s 19 (4) of the Act & Ruleof the appeared through his ld. Counsel by filing vakalatnama dated 22.02.2024 but the defendant no.1&2 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 them on 01.04.2024 in "Dainik Jagran" newspaper. 5. DRT [Procedure] Rules, 1993. In response to the notice, the defendant no.3 has
3
OA 19 of 2024[J]
DRT, PATNA
| SI.No | Description Documents Photocopies of |
Date Execution of |
Amount (In Lakh) |
Signature Executants |
of | Ex./ Ann. No. |
|---|---|---|---|---|---|---|
| 1 | Loan application | 20.00 | Defendants | |||
| 2 | Sanction letter | 20.03.2019 | 20.00 | Bank accepted defendants |
and by |
2 |
| 3 | D P note | 20.03.2019 | 20.00 | Def.no.1&2 | 3 | |
| 4 | Letter of access | 20.03.2019 | 20.00 | Def.no.1&2 | 4 | |
| 5 | Letter of repayment | 20.03.2019 | 20.00 | Def.no.1&2 | 5 | |
| 6 | Letter of guarantee | 20.03.2019 | 20.00 | Def.no.3 | 6 | |
| 7 | Loan agreement | 20.03.2019 | 20.00 | Def.no.1&2 | 7 | |
| 8 | Memorandum | 20.03.2019 | 20.00 | Def.no.1&2 | 8 | |
| 9 | Photocopy of absolute sale deed |
29.03.2017 | 9 | |||
| 10 | Affidavit | 20.03.2019 | Def.no.1&2 | 10 | ||
| 11 | Demand notice | 08.04.2021 | Bank | 11 | ||
| 12 | Statement of account | Bank | 12 |
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, business in the state of Bihar. Cause of action also arose in the State of Bihar. 11. It has been established that defendants are living and carrying on their
4
OA 19 of 2024[J]
OA 19 of 2024[J] this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon DRT, PATNA the present application.
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. 13. Shri Vijay Kumar, Chief Manager of the applicant bank has filed the
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.
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 under sub section 1 of section 19 by the applicant. entry in a Banker's Books furnished along with application filed
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 ofthis 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.
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
Presiding Officer PATNA Debts Recovery Tribuna
2 issues framed by the court
Whether the applicant bank has jurisdiction and whether the application is barred by limitation.
Whether the claim is supported by sufficient documentary evidence including banker's books.
4 provisions across 4 enactments
Bank of Baroda (erstwhile Vijay Bank)
M/s The Libaz
Vikash Kumar
Gaurab Singh
Shri Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
