Central Bank of India versus M/s Kiaan Fabrication Pvt. Ltd.

1 M/s Kjaan Fabrication Pvt. Ltd., situated at S. K. Vihar Colony, Near Beur Jail, (Jed Enclave, Flat no. 402, Anishabad, P. S.- Beur, District - Patna – 800002, CIN no. U28999BR2022PTC057647, PAN no. AAJCK4869P

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2 Sri Nitish Kumar, son of Sri Narendra Paswan, Director of M/s Kiaan Fabrication Pvt. Ltd. resident of S. K. Vihar Colony, Near Beur Jail, (Jeet Enclave, Flat no. 402, Anishabad, P. S.- Beur, District - Patna – 800002 and Village - Dariyapur, Post office and Police Station Biham, District – Patna - 801109. PAN no. AWQPK3 164K

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3 Smt. Prima Singh, daughter of Sri Vishundeo Singh, Director of M/s Kiaan Fabrication Pvt. Ltd. resident of Road no. 17, Rajiv Nagar, Police Station – Rajiv Nagar, Patna – 800024, PAN No. 1GYPS7495P

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Neeraj Kr. Singh, Advocate For the Defendants Shri Aatish Kumar, Advocate Shri Kundan Kumar, Advocate

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Dated: 07.09.2026

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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 17.01.2025 the defendants to recover its debts from defendants of Rs.69,95,507/- as on 04.01.2025 along with pendente-lite and nrture interest at the contractual rate from 05.01.2025 with costs till realization.

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2

OA 45 of 2025jJI

DRT, PATNA

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.

¶24

Defendant no.1 is a company of which defendant no.2 and 3 are its directors. Defendants approached the applicant bank for sanction of cash credit loan of Rs.27.56 Lakh and Term Loan of Rs.42.44 Lakh for the business of setting up PVC Windows and Door Manufacturing, vide loan application dated 15.05.2022, which were sanctioned by the applicant bank on 24.06.2022 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendants. To secure the loan facilities defendants have executed various loan and security documents in favour of the applicant bank, details of which are given in OA.

¶25

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 30.04.2024.

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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.

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The total liability in the loan account is Rs.69,95,507/- as on 04.01.2025 with pendente-lite and future interest contractual rate from 05.01.2025 till the realization.

¶28

This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 14.02.2025, 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 .

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In response to the notice, the defendants have appeared through their Id. Counsel by filing vakalatnama on 25.03.2025 and also filed their written

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VI PreStariI O jieu Dean Recovery Tr6nnnl PATH4

3

OA 45 of20251JI

DRT! PATNA

statement admitting therein that the applicant bank has sanctioned a cash credit loan of M.27.56 Lakh and a term loan of Rs.42.44 Lakh on 24.06.2022 and the defendants made substantial repayments nom time to time, however, due to unforeseen business down turns and external economic factors beyond their control, there were temporary defaults in repayments. The applicant bank failed to restructure the loan or provide any viable repayment solution despite request of the defendants. It has further been stated that the classification of the loan accounts as NPA on 30.04.2024 is arbitrary and premature.

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It has further been stated that the defendants have approached the applicant bank for one time settlement and restructuring of the loan account, which the bank has refused and requested to direct the bank to consider the OTS and to dismiss the OA.

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Defendants have also filed written notes of arguments, however, there is no any specific denial on behalf of the defendants with regards to the utilization of loan facilities and execution of loan documents to secure the loan facilities.

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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 Jyoti Narayan Singh, Chief Manager of the applicant bank. The details of documents are as follows:

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Sl.No	Descriptionof Documents Photocopies	Date of Execution	IAmount I(in Lakh)	ISignatur 1Executa I	eof nts	1Ex./ IAnn. INo.
1	Certificate of incorporation	e		=s
	Loan application	15.05.2022		Defendants
	Sanction letter	24.06.2022	27.56 CC 42.44 TL	Bank accepted defendants	and by
	DPnote	24.06.2022	27.56	Defendants
	Letterofcontinui1	24.06.2022	27.56	Defendants
	Letter of waiver	24.06.2022	27.56	Defendants
	Letter of interest varratron	24.06.2022		Defendants
8	Agreementof hyDothecation	.e				8
	SUDDl.Agreement	24.06.2022	e			9
	Loan cum hyDothecation	24.06.2022	e			10

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%( P,padi;Ie Offlea BbB Recovery TribuU) PATN A

4

OA 45 of20251JI

DRT, PATNA

:ernent
S 11.Agreement	24.06.2022	e		11
of Statement- accounts			Bank	12&13
Postal receipts	16.08.2024			14to16
Legalnotice	16.08.2024			17&18

¶44

Heard arguments and perused the case record. During the course of arguments, there is no any specific denial on behalf of the defendants with regards to the sanction of loan facilities and its utilization and further there is no any specific denial with regards to the execution of loan and security documents in favour of the applicant bank.

¶45

Ld. Counsel for the applicant bank has submitted that there is no any proposal for settlement filed by the defendants is pending with the applicant bank.

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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 M.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. \ /: bIg Idfnp OH'tei

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B) LI

5

DRT, PATNA

OA 45 of 2025[JI

On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 30.04.2024, whereas the present application has been filed on 17.01.2025. 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.

¶54

Shri Jyoti Narayan Singh, 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.

¶55

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.

¶56

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 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 certiDed 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.

¶60

qq

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?POStanD OfR&

6

DRT, PATNA

OA 45 of 20251JI

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.

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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 the agreed terms and conditions for repayment with interest. The balance amount till 04.01.2025 has been proved to be Rs.69,95,507/- only by way of statement of accounts. 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.

¶68

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.69,95,507/- along with pendente-lite and future interest @ 10% p.a. simple from 17.01.2025 (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 defendants. The defendants are hereby jointly and severally, ordered to pay the applicant bank its debt amounting to Rs.69,95,507/- along with pendente-lite and future interest @ 10% p.a. simple nom 17.01.2025 (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 defendants, be deducted in the claim amount, if not deducted.

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Defendants are debarred from transferring, alienating encumbering or otherwise dealing with or disposing of the mortgaged or hypothecated or any

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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 endorse 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 defendants, by sale ofmortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendants. However, no proclamation of sale will be issued, if the Defendant/Certi$cate Debtor ensures payment of the certiDcate amount in 6 months from the date of demand notice to the Certi$cate debtors. The Recovery Of$cer will issue demand notice to the CertiDcate debtors only after the proof of compliance under rule 16 o/DRT (Procedure) Rules 1993, is submitted by the applicant. If The Applicant /CertifIcate holder fails to comply with directions of the Recovery OffIcer, the execution may be dismissed for nonprosecution. 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 23.10.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 07th day of September, 2026.

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Dictated & corrected by me.

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/; [Kaushalendra Yadav] Presiding Officer

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FQRNI NQ. 9

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DEBTS RECOVERY TRIBUNAL PATNA

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[See Regulation 24( 1 )]

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2nd Floor1 (A. B & F Wing) Karpui Thaklu Sadanp Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025'

2)a LE RECOVE BBIi$

RC NQ. 291/2026

IN

Case No: OA/45/2025

In the Matter of: (CH_ 1) CENTRAL BANK OF INDIA BUDHMARG BRANCH, POLICE STATIONApplicant(s) KOTWALT, PATNA ,BIHAR -800001

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To (CD- 1) M/S KIAAN FABRICATION Pvr LTD Situated at S.K. VIHAR COLONY, NEAR BEUR JAIL, (Jed Enclave, Flat No. 402, Anishabad, P.S.- B3ur, Patna ,BIHAR -800002

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(CD- 2) SRI NITISH KUMAR SON OF SM NARENDRA PASWAN DIRECTOR OF M/S KIA AN FABRICATION PVT LTD RESIDENT OF S K VIHAR C'OLONY NEAR BEUR JAIL GEET EN(-LAVE FLAT NO 402 ANISHABAD PS BEUR DISTRICT PATNA 800002 AND VILLAGE DARIYAPUR POST OFFICE AND POLICE STATION BIKRAM DISTRICT PATNA 801109

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Defendant(s)

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(CD- 3) SMT PRIMA SINGH DAUGHTER OF SRI VISHUNDEO SINGH DIRECTOR OF M/S KIAAN FABRICATION PVT LTD RESIDENT OF ROAD NO 17 RAJIV NAGAR POLICE STATION RAJIV NAGAR PATNA 800024

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Recovery Certificate for Rs 6995507.00 1 Rupees SiIty Nine Lakh$ Nin€ty Five ThQ!!sands Five Hundred Seven OnIY_I

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In terms of final order dated 07/09/2026 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. 6995507.00 along with cost, expenses and interest from the 17/01/2025 i.e. date of filing / with effective date of the OA/45/2025 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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CDName
M/SKIAAN FABRICATION
PVTLTD
SRINITISH
KUMAR
SMT PRIMA S[NGH

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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 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.

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Parties are directed to appear before MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 23/10/2026.

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The Recovery omcer 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 11/09/2026

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PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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GB. R &B }Bhp u- w U+

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Pt€!tdl61 O8lee a -bts Recoyerv TrIbunal P A

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DeNb -': 9''• I rrl6UBal. SF,

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d '-''TTn, P

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FORM NO. 10

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[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, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.

¶113

SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COSTS

RC No. 291/2026

IN

Case No: OA/45/2025

Applicant(s): CENTRAL BANK OF INDIA Versus

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Defendant(s): M/S KIAAN FABRICATION PVT LTD

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	'eeon theapplication	m7
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3	i;AdvocateFees	ro
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5	lscellaneousCharges	[0
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Place: PATNA

PRESIDING b6ICER

Date: 11/09/2026

DEBTS RECOVERY TRIBUNAL PATNA

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Central Bank of India v. M/s Kiaan Fabrication Pvt. Ltd.

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Central Bank of India v. M/s Kiaan Fabrication Pvt. Ltd.

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