Allowed

State Bank of India v. Ashutosh Kumar

DRT19 Jun 2026OA/346/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application by State Bank of India to recover a debt of Rs.43,46,891.55 from Ashutosh Kumar. The Tribunal determined the debt ex-parte, issued a recovery certificate, and attached the defendant's hypothecated assets for realization under Section 19 of the 1993 Act.

What did the court decide?

Recovery of Rs.43,46,891.55 with interest at 10% p.a. from 15.06.2024; issue of Recovery Certificate under Section 19(22) of the Act; attachment of mortgaged/hypothecated assets; debarment from aliena

State Bank of India versus Ashutosh Kumar — Banking and Recovery | DRT (2026)

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DRT, PATN A

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OA 346 of2024jJl

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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. 346 of 2024

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State Bank of India, Purnea Branch through the Stressed Assets Recovery Branch, 2"d Floor, Patna Main Branch Building, West of Gandhi Maidan, Patna

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. . . Applicant

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Ashutosh Kumar, S/o Manikant Jha, resident of Sharda Nagar, Ward No.12, P.S.- K. Hat, Purnea- 854301, PAN No. EEHPK6048M

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. . . . . . . Defendant

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Present:

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For the Applicant Shri Santosh Kumar Singh, Advocate For the Defendant None

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Dated:19.06.2026

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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 15.06.2024 against the defendant to recover its debts from defendant of Rs.43,46,891.55 as on 30.04.2024 along with pendente-lite and future interest at the contractual rate from 01.05.2024 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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Defendant approached the applicant bank for sanction of term loan of Rs.35.64 Lakh for purchasing of X-ray Machine, Ultra Sound Machine & Diesel Generator, vide loan application dated 11.11.2019 and after due consideration, the applicant bank has sanctioned a term loan of Rs.30 lakh on 18.12.2019 on various terms and conditions, as stipulated in the sanction letter. which were duly accepted by the defendant. To secure the .loan facilities defendant has executed various loan and security documents and also hypothecated the movables in favour of the applicant bank, details of which are given in OA

OA 346 of 20241 Jl

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Defendant again approached the applicant bank for sanction of GECL facility of Rs.5.91 Lakh, vide loan application dated 01.06.2020, which was sanctioned by the applicant bank on 03.06.2020 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendant. To secure the loan facilities defendant has executed various loan and security documents in favour of the applicant bank, details of which are given in OA

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Defendant being Doctor posted at Primary Health Centre, Jagdishpur, in the District of Bhagalpur again approached the applicant bank -for sanction of personal loan of Rs.14 Lakh, vide loan application dated 23.03.2021, which was sanctioned by the applicant bank on 24.03.2021 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendant. To secure the loan facilities defendant has executed various loan and security documents in favour of the applicant bank, details of which are given in OA

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After a'ailing the sanctioned credit facilities, the defendant became irregular in repayment of the 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 24.07.2023 .

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Since, the defendant 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 Rs.43,46,891.55 as on 30.04.2024 with pendente-lite and future interest contractual rate from 01.05.2024 till the realization.

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This Tribunal issued summons/notices copies of application & paper book to the defendant by registered/speed post on 09.07.2024, requiring him 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 defendant has not appeared, hence, the

OA 346 of 20241 Jl

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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 the defendant bn 08.11.2025 in “Hindustan” and “The Times of India” newspapers.

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Despite the registered summons/notices and publication of notice in newspaper, the defendant has not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendant to defend the case, but he failed to appear and to file WS, hence, the Tribunal has passed an order to proceed ex-parte against the defendant on 20.02.2026.

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

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SI.No	Descriptionof Documents PhotocoDies	Date of Execution	Amount (in Lakh	Signature Executants	of	1Ex./ Ann No.
	Loanapplication		TM	Defendant
	Letter of arrangement	18..12.2019	30.00	Bank accepted defendant	and by
'1j	Agreement oflban cumhyDothecation	18..12.2019	30.00	Defendant		3
	PDR	18..12.2019	30.00	Defendant
	uotatrons
	Loanapplication		5.91	Defendant
	Letter of arrangement	03.06.2020	30.00 5.91	Bank accepted defendant	and by
8	Suppl.Agreementof loan cum hyDothecation	03.06.2020	35.91	Defendant		8
	PDR	03.06.2020	35.91	-e
	Loan application	23.03.2021		Defendant
	Arrangementletter	24.03.2021		Bank accepted efendant	and by
12	Irrevocablestanding rnstructron	24.03.2021		e
13	Personal loan agreement	24.03.2021	e			13
	Col	23.03.2021		Defendant
	PDR			Defendant
	Revival letter	13.12.2022		Defendant
	Legal notice	08.04.2024		Bank’sadv.

DRT. PATNA

OA 346 of2024jJl

Statement accounts

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Heard arguments and perused the case record.

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Ld. Counsel of applicant bank submitted that the defendant has 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 bV 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 defendant is living and carrying on the 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 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 24.07.2023, whereas the present application has been filed on 15.06.2024. 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 Rajeev Kumar, 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

OA 346 of 2024jJl

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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 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.

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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.

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On perusal of the application, documents, affidavit and on consideration of the arguments, it is proved that the defendant has 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 defendant has executed various loan documents, as stated in the application and proved by aforesaid evidence. Defendant has neither denied the utilization of funds advanced by applicant bank nor has pointed out any specific error and discrepancy in the Statement of Accounts.

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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 tht agreed terms and conditions for repayment with interest. The balance amount till 30.04.2024 has been proved to be Rs.43,46,891.55 only by way of statement of accounts. There is nothing to prove the amount more than that disclosed in the

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OA 346 of 20241 Jl

DRT, PATN A

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 defendant of Rs.43,46,891.55 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 15.06.2024 (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 defendant. The defendant is hereby, ordered to pay the applicant bank its debt amounting to Rs.43,46,891.55 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 15.06.2024 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

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

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Defendant is 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 enddrse 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 defendant, by sale of mortgaged/

OA 346 of 2024IJI

DRT, PATN A

hypothecated assets as well as other personal movable/immovable assets of the defendant. The Recovery Of$cer will issue demand notice to the CertifIcate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted by the applicant. If The Applicant /CertifIcate holder fails to comply with directions of the Recovery Of$cer, the execution may be dismissed for non-prosecution. 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 03.08.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 19th day of June, 2026.

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Dictated &corrected by me.

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[KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna

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

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DEBTS RECOVERY TRIBUNAL PATNA 2nd Floor? (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parism (GPOA)I Ashiana Digha Road, Patna800025 .

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RC No. 161/2026 IN

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Case No: OA/346/2024

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In the Matter of: (CH- 1) STATE BANK OF INDIA PURNEA BRANCH THROUGH THE STRESSED ASSETS RECOVERY BRANCH 2ND FLOOR, PATNA MAIN BRANCH BUILDING, WEST GANDHI MAIDAN,

Applicant(s)

PATNA ,BIHAR -800001

––-- Versus -––--

To.

(CD- 1) ASHUTOSH KUMAR . Son ofManikant Jha Resident ofSharda Nagar, Ward No. 12, RS.- K hat, Purnia ,BIHAR -854301

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Defendant(s)

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Qne And Paige Fif£y Five OnI)a

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In terms of final order dated 19/06/2026 passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs. 4346891.55 along with cost, expenses and interest from the 15/06/2024 i.e. date of filing / with effective date of the OrV346/2024 and future interest from order date till the date of realisation in hIll, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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r.noCDName	e	Int be/Mode	int. :Rate	Effective Date	Order Date	lount(Rs.)	dUt	Interest y(ason Order Date)	RC Amount(Rs.)	kRemark
ASHUTOSH KUMAR		:Compound .Interesl (Monthly)	10	15/06/2024	.19/06/2026	'4346891 .55	:ully	Interest Ason iOrder ;Date	F346891.55

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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 certificate debtors.

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The moNgaged 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 ASHISH KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 03/08/2026.

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

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This Certificate has been issued under my signature and seal of the Tribunal on this 20/06/2026

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I q

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PRESh5rNG OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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

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DEBTS RECOVERY TRIBUNAL PATNA

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

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 161/2026

Case No: OA/346/2024

Applicant(s): STATE BANK OF INDIA Versus

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Defendant(s): ASHUTOSH KUMAR

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1Item of Costs	lount in Rs
Feeontheapplication	F6000
ocessFees(Inc.PublicitiM	to
\dvocateFees	jo
Commissioner/Receiver/Valuation/SecurityFee	go
Miscellaneous Charges	ro
otalCosts: Rs	r4 dab

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Place: PATNA

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Date: 20/06/2026

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PRESIDINtfoFFICER DEBTS RECOVERy TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

State Bank of India v. Ashutosh Kumar

Case brief

What is this about?

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State Bank of India v. Ashutosh Kumar

Case brief

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