Disposed

Hdfc Bank Limited v. M/s Rishu Enterprises

DRT21 Jan 2026OA/286/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal at Patna granted a recovery certificate under Section 19 of the Debts Recovery Tribunal Act, 1993, for Rs. 32,87,633.04 against the defendants, jointly and severally, with attached assets subject to realization.

What did the court decide?

Recovery Certificate issued for Rs. 32,87,633.04 to be realized by the Recovery Officer; attached assets liable for sale and payment of interest.

Hdfc Bank Limited versus M/s Rishu Enterprises — Banking and Recovery | DRT (2026)

DRT, PATNA

OA 286 of2024[J|

Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025 Debts Recovery Tribunal, Patna

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Presiding Officer: Shri Kaushalendra Yadav

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OA Case No. 286 of 2024

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800 001, Bihar HDFC Bank Limited, 2nd Floor, Rajendra Ram Plaza, Exhibition Road, Patna

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..Applicant Vs.

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Also at:- Hahdti Kalynt Sahu Road, Muzaffarpur, Pin- 842201, Bihar Musahari, Muzaffarpur, Near Shiv Mandir, Muzaffarpur- 842201, Bihar

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1. M/s Rishu Enterprises (Borrower), at Chauhan Complex, Sahu Road,

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Pratyaksh Chauhan, Son/heir & Legal representative of Late Sanjiv Road, Muzaffarpur, Pin 842002. Bihar Kumar Chauhan (Co-Borrower), at Ward No.22, Chhoti Kalyani, Sahu

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1. Chauhan Complex, Sahu Road, Musahari, Muzaffarpur, Near Shiv Mandir, Muzaffarpur- 842201, Bihar, PAN No. BSXPS0630N Varsha Singh, wife of Late Sanjiv Kumar Chauhan (Guarantor),

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Present:

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.... Defendants

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Shri Natraj Verma, Advocate None For the Applicant For the Defendants

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JUDGMENT

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Dated:21.01.2026

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Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on Rs.32,87,633.04 as on 21.03.2023 along with pendente-lite and future interest 22.05.2024 against the defendants to recover its debts from defendants of 1. The Applicant bank has made this application u/s 19 of the Recovery of at the contractual rate from 22.03.2023 with costs till realization.

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bank, is a body corporate, carries on the business and is competent to file the 2. The application has been filed with the contention that the applicant suit through various branches including the applicant.

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and the disbursement was made on 26.07.2017, Commercial Vehicle loan of the applicant bank has sanctioned Rs.9 Lakh vide loan account no.49084258 Auto Loan and Commercial Vehicle Loan facilities and after due consideration, 3. In 2017, the defendant approached the applicant bank for sanction of

DRT, PATNA

OA 286 of2024|J]

Manager of the applicant bank. The details of documents are as follows: given evidence on affidavit by way of affidavit by Ms. Anjali Sinha, Legal

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SI.No 1	Description Documents Photocopies Franked form, Agreement and guarant Commercial application Irrevocable Attorney	of Document for loan ee Loan Power of	Date Execution of 24.07.2018	Amount (In Lakh)	Signature of Executants Defendants	Ex./ Ann. No.
2	Recall and notice	demand	21.03.2023		Bank	2
3	Statement accounts	of	--		Bank	3

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Heard arguments and perused the case record.

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the loan and utilized the same and also executed the loan documents to secure documentary evidence. All the transactions were entered in the ledger of the 9. Ld. Counsel of applicant bank submitted that the defendants have taken loan accounts in the name of the defendant duly maintained by the applicant by and do not run counter to the directives of Reserve Bank of India. the loan. Further, submitted that the claim of the bank has been proved by charged at such rates, and capitalized at such periodical rests as are permitted bank in its usual course of business. The interest /compound interest has been

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stay granted by any Higher Court, in respect of the proceedings of the present 10. It is further submitted by ld. Counsel of applicant bank that there is no OA and requested to issue recovery certificate, as claimed for, in OA.

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the present application. applicant bank is functioning within the jurisdiction of this Tribunal. Therefore, this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon 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 11. It has been established that defendants are living and carrying on their

2111146

Kam

Applicant(s)
Case No: OA/286/2024
FORM NO.9
--Versus
IN
[See Regulation24(1)]
READ WITH SECTION 19(22) OF THE RECOVERY OF DEBTS &
To,
RC No. 38/2026
2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA),Ashiana Digha Road, Patna-800025.
PATNA ,BIHAR-0
In the Matter of:
Defendant(s)
Muzaffarpur BIHAR-842201
Muzaffarpur, Near Shiv Mandir,
BANKRUPTCY ACT, 1993, ASAMENDED FROM TIME TO TIME.
HAHDTI KALYNT SAHU ROAD, MUZAFFARPUR,
RECOVERY CERTIFICATE UNDER SECTION 19(7) READ WITH
EXHIBITION ROAD
Also At.
(CD-1) M/S RISHU ENTERPRISES
At Chauhan Complex, Sahu Road, Musahari,
D M UZAFFARPUR, PIN
KALYANI,SAHU ROA D
DEBTS RECOVERYTRIBUNAL PATNA
BORROWER) AT WARD NO.22, CHHOTI
PIN- 842201, BIHAR
(CH-1) HDFC BANK LIMITED
ROAD, MUSAHARI, MUZAFFARPUR, NEAR SHIV
MANDIR,MUZAFFARPUR, PIN- 842201,BIHAR
(GUARANTOR) A TCHAUHAN COMPLEX SAHU
2ND FLOOR RAJENDRA RAM PLAZA
LATE SANJIV KUMAR CHAUHAN (CO-
842002, BIHAR
WIFE OF LATE SANJIV KUMARARCHCH AUHA N
(CD-3) VARSHA SINGH
SON/HEIRAND LEGAL REPRESENTATIVE OF
(CD-2) PRATYAKSH CHAUHAN

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Four Only
Recovery Certificate for Rs 3287633.04 | Rupees Thirty Two Lakhs Eighty Seven Thousands Six Hundred Thirty ThreeAnd Paise
In terms of final order dated 21/01/2026 passed by this Tribunal in the above mentioned case, it is ordered that the
date tillthe date of realisation in full, jointly or severally fromthe Certificate Debtors, hereinafter referred to as:-
interest from the 22/05/2024 i.e. date of filing/ with effective date ofthe OA/286/2024 and future interest from order
Applicant Certificate Holder Bank is entitled to recover a sum of Rs.3287633.04 along with cost, expenses and

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10
2
Interest
Sr.no
Amount(Rs.) Remark
RO
Order
Liability
Ora
Rate
10
Amount(Rs.)
Loan
22/05/2024 21/01/2026|3287633.04
Type
Type
22/05/2024 21/01/2026 3287633.04
M/S RISHU
Date)
PRATYAKSH
Effective
CD Name
VARSHA
ompound
SINGH
Compound
ENTERPRISES
Type/Mode Order
CHAUHAN
on Order
Int.
(Monthly)
Jointly
Date
10
InterestAs
Date
Compound
Interest
(Monthly
Date
And
Int.
3287633.04
Severally
Interest
22/05/2024 21/01/2026 3287633.04
The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the
Interest As
sale of the mortgaged/hypotrtgaged/hypothecated assets as well as other personal movable/ Immovable assets of the certificate
to time) fromthe above named Certificate Debtors.
debtors.
(Monthly)
Sections 25 to 28 ofthe Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (a ss amended from time
Compound
In case offailure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the
final order under the recovery proceeding in pursuance of the Recovery certificate issued under Section 19(22) of
Jointl
on Order
Recovery ofDebts and Bankruptcy Act 1993.
3287633.04
The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under
Parties are directed to appear before MANOJ KUMAR, Recovery Officer, DEBTS RECOVERYTRIBUNAL PATNA on 02/03/2026.
Interest
Severally
D 3287633.04
Jointly
Severally
Date
Interest AS
on Order
sa) no

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This Certificate has been issued under my signature and seal ofthe Tribunal on this 02/02/2026

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Ce
Registrar
Patna
Debts Recovery Tribunal

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PRESIDING OFFICER
DEBTS RECOVERY TRIBUNAL PATNA

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Sr. No. 1. 2. 3.	Item of Costs Fee on the application Process Fees(Inc. Publication) Advocate Fees	Amount in Rs. 35000 0
4. 5.	Commissioner/Receiver/Valuation/Security Fee Miscellaneous Charges Total Costs: Rs.	Ο
		35000

Hdfc Bank Limited v. M/s Rishu Enterprises

Case brief

What is this about?

What did the court decide?

Hdfc Bank Limited v. M/s Rishu Enterprises

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

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Case details

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