Debts Recovery Tribunal allowed the applicant bank's application under Section 19 RDB Act to recover the outstanding loan amount from the defaulting borrowers, determining the sum based on corrected account statements proved by evidence.
Recovery of Rs. 52,21,166/- along with pendente-lite and future interest and issuance of Recovery Certificate.
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.
OA 464 of 2024jJl
DRT. PATN A
Debts Recovery Tribunal, Patna Karpuri Thakur Sadan, Aashiana !)igha Road Patna-800025
Presiding Officer : Shri K:lushalendra Yadav
OA Case No. 464of 2024
Bank of Baroda, Exhibition Road Branch. Patna 800001
. . . . . . . Applicant
Vs
. . . . . . . Defendants
Present :
For the Applicant Shri Santosh Satyarthi, Advocate For the Defendants None
Dated : 22.01.2026
JUD(; M F. NT
I
DRI-. P'\TNA
OA 464 of2024jJl
Since, the defendants failed and neglected in spite of several reminders to millie 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.52,25,968/- as on 31.05.2024 with pendente-lite and future interest contractual rate from 01.06.2024 till the realization.
| SI.No | Description Documents Photocopies of |
1Date of Execution |
Amount (in i.akh) |
ISignature Executants |
mo | Ann No |
|---|---|---|---|---|---|---|
| LoanaDDlication | 70.00 | Defendants | ||||
| a | Defendant | |||||
| PANCard | Defendant | |||||
| Sanction letter | 08.06.2023 | Bank accepted defendants |
||||
| DPNote | 08.06.2023 | 55.00 | Defendants | |||
| Composite hypothecation agreement |
08.06.2023 |
55.00 |
Defendants | |||
| Declaration nc |
Am | eM |
y~
tI,+SldlnX Oficer
U 8 J L J & B HiI= f1ibs IiI=}tICIIIIE
3
OA 464 of2024jJl
DRT, PATN A
||undertaking
cum
authorit|||||
|---|---|---|---|---|---|
||Letterofinstallment|08.06.2023||Defendants||
||Letter
of
sole
roDrietorshi|08.06.2023||Defendants||
||Letterofauthority|08.06.2022|55.00|Defendants||
||Clarification|||Defendants||
||Annexure-A&B|12.06.2023|35.00|Defendants||
||Memorandumof
entry|12.1)6.2023|55.00|Bank||
|14|Declaration inthe
rnatterofmortgage
|12.06.2023|e||14|
|15|Letter
of
confirmationof
in ortgage|12.06.2023|e||15|
|16|Photocopy ofsale
deed|22.11.2018|||16|
||Notice|26.12.2023||Bank||
||Legaldemandnotice|31.05.2024||Bank’sadv.||
||)|23.03.2023||||
||Stdtenlentofaccount|||Bank||
8 Heard arguments and perused the case record.
Prealhn8 b;~Oylncar Dub Recovery T:bnneJ PATa4
4
OA 464 of20241Jl
DRT, P.'\TNA
counted for the purpose of Limitation, then it is established that the applicant bank has liled the case within the limitatic)n period. As such, it is established that the present application has been filed \ eII within the period of limitation.
13 . Shri Aditya Kumdr Singh. Chief Manager of the applicant bank has filed the afFidavit in support of contents of application and the documents as evidellce and pro\’cd on oath tlrc pleadings il11d documents of the applicant bank as sOIled above. In the supplementary affidavit sworn by Shri Aditya Kumar Singh, Chief Manager of the applicant, it has been disclosed that the correct outstanding is of Rs.52,21,166/- instead of Rs.52,25,968/- as on 31.05.2024 and requested to consider this amount as due as on 31.05.2024 against the defendants.
The rule 12 (10) of the Debt Recovery Tribunal (Procedure) Rules. 1993. provides that if the defendant denies his liability to pay the clainr matic by the applicant. the tribunal may act upon the atiida\’iI of the Iljl}rlicant n'llcl is acquainted with the facts of the case or \’ho lltls on veritic:ltion of the record sworn the aftida\ it ill respect of the colllcllts of the application and the documents as evidence.
The rule 12 (11 ) of the afc)rcsaid Rules, provides that the provisitins ct)111,lined ill section 4 of the Banker’s Books evidence that Acl. 1891 ( 18 tI1- 1 891 ) shall ,IDPly to a certified copy of an entr- iII a Banker-'; liooks funrislred along with application filed under sub section 1 of section 19 by the applicant.
Section 4 of Banker’s Books e\’idence Act, 1891 runs as underS.4. Alti(Ie tIf protl.f c if elrtries iIt bankers’ books.–Subject to the provixilitl>\ c>1 IIli:'; ;It'/, , I cerlifietl rtll)* of any entry in a banker’s book shall iII ,til i,’x,Il 1)t-1)UCL’,lilrgs he rL'L'civ,’d as prima facie evidence of the existell,-,’ cif XII,-II c’iiI !'-. LlilCl sIl,Iii llc tldmilted as evidence of the lrlallcl-.. ll'Lltl.,ictit)Its ,ItICl ,lccorlllls lllerein recorded in every case u’here. ulld t(} tIle sullle extelrt as, IIte original entry itself is now by la\v adnrissible. brtt not frtl'ther or other\rise.
As such the cerLilicd true copies c)I' the documents are admissible in evidence. The statcnr,'lrt of account nrtlilrLained in the ordinary course of business is not onI' 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. V V (V A\\
5
OA 464 of2024IJI
DIll'. PATN A
ORDE R
In the result, tIle tIl)plicaLit)n of the ;ljrl)licant bank is allowed and debt is determined with costs tlgai11st tIle defendants. 'Fhe defendants are hereby jointly and severally. ordel'cd tt> pay the applicant bank its debt amounting toRs.52,21,166/- along \-itIl I)cndcnte-lite ilnd future interest @ 11% p.a. with compounded m011Llrl}’ rcsls !i'L)Ill 11.09.2024 ( TIle date of filing of this OA) till realization of the CIlt ire stl111 tILle and reco'crable with costs.
It is made clear that any amount deposited by the defendants, be deducted in the cltlilrr alnount. il' llol deductcd .
Defendal',Ls .Irc ticl I1,1’rct! l’l'onI trallbi'crring, alienating encumbering or otherwise dealing \-iLl1 L)r LliSl)using of the mortgaged or hypothecated or any
t/dA\
p„,jjng omcet Debt3 Recovery TribwR'Bl PATNA
6
OA 464 of2024jJl
DR-F, PATN A
otller properties a11d assets \’illttlut paying tile aforesaid adjudicated dues to the applicant bank to >ccure tIle ent is t->1’ justice. 'Fhe nrortgaged or hypothecated assets to secure the loan ill qucsti( Jn are hereby attached and shall be subject to thc final order under the recover)’ proceedings in pursuance of the Recovery celtificate issued u11cler Scctic Jll 19(22) oJ' Recover)’ of Debts and Bankruptcy Act 1993 . The applicant IIli!)' SIItltjtjt tIle certified copy of this Judgment and the Recovery CertificntL’ before IIlo Registrar/Sub- Registrar to endorse the charge over the secured assets.
Let a cel'Lilictlte of rcct)'cl'}’ be ctI'awn up forthwith and put up for signatures in terms t)I' pro\’isions contained in Section 19(22) of the Act to be issued. on the bdsis of the order of the Tribunal to the Recovery Officer. The Reco'ery Officer shall realize the amount as per the certificate in the manner and nrode prescl'illCLl tl11dcr tllc Act from the defendants, by sale of mortgage(1/ hypot}lecated assets its \-cli as t)tlrer persc)n ill mt)\’able/immovable assets of the dei'endants. The llccc)vcr' O J’ticer will issue demand notice to the Certificate debtors only after tItl.' proof of compliance under rule 16 of DRT (Procedure) RLlles 1 993, is sullllrittcc I. 'I-llc ctlp}’ of this judgment be uploaded in the website of' the Tribunal.
Parties are directed to appear before the Recovery Officer, DRT, Patna on 27.02.2026. l’llc til-der bc ct):nnrunicated accordingly.
Judgment higlrctl. scillc,i_ dated and pr0110unced in the open court on 22\1) day of January, 2026.
Dictated &correctcd II' inc
[Kaushalendra Yadav] Presiding Officer Debts Recovery Tribunal, Patna
Presiding Often DebB Recovery Tdbulw PATNA
FORM NO. 9
DEBTS RECOVERY TRIBUNAL PATNA
[See Regulation 24( 1 )]
2nd Floorl (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.
RECOVERY CERTIFICATE UNDER SECTION 19(7) READ WITH $EC'TIQN 19(22 QF THE RE(.'QVERY QF DEBTS & BANKRUPTCY AeT,W, AS AMENDED FRQM TIME TO TIME.
RCNgJ2£Z926 IN
Case No: OA/464/2024
In the Matter of: (CH- 1) BANK OF BARODA EXHIBITION ROAD BRANCH, PATNA ,BIHAR -800001
Applicant(s)
To (CD- 1) M/S BHOLENATH PETROLEUM through its Proprietor- Mr. Mukesh Kumar, S/o Sundar Roy, Madanchak Main Road, Saksohra, Bind. Nalanda ,BIHAR -803 107
Defendant(s)
(CD- 2) MUKESH KUMAR S/0- SUNDAR ROY. PROPRIETOR M/S BHOLENATH PETROLEUM, MADANCHAK MArN ROAD, SAKSOHRA. BIND. DISTRICTNALANDA- 803 107
RegQvery Certifjgate for Rs 5221166l00 l_RBpee S Fifty IVQ LRkhs T\veBty One Thousands ORe Hundred SiXty_£iX my_I
In terms of final order dated 22/01/2026 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. 5221166.00 along with cost, expenses and interest from the 11/09/2024 i.e. date of filing / with effective date of the OA/464/2024 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-
| HOLENATH ETRO |
nterest Eonthly) |
I1 | {l11/09/2024:l22/01 | F5221 166.oo | pointly | M | i22ll66.oo |
|---|---|---|---|---|---|---|---|
| pound terest ,onthly) |
I1 | I11/09/2024l22/01 | 5221166.00 | Fointly | IAs on | 15221166.oo |
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.
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 MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 27/02/2026
The Recovery Officer shall realize the amount as per this Certificate in the mariner and mode prescribed under Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Acl 1993 (as amended from time to time) from the above named Certificate Debtors.
This Certificate has been issued under my signature and seal of the Tribunal on this 04/02/2026
P rG OFFICER (L DEBTS RECOVERY TRIBUNAL PATNA RpiGtr ar Debts Recovery Tribunal Pat na r residing Oficef )ubU RecovefyF TlibUMl PATNA
FORM NO. 10
[See Regulation 24(2)]
DEBTS RECOVERY TRIBUNAL PATNA
2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.
SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS
RC No. 57/2026
IN
Case No: OA/464/2024
Applicant(s): BANK OF BARODA Versus
Defendant(s): M/S BHOLENATH PETROLEUM
| ItemofCosts |
I |
|---|---|
| m-ii)im | m5 |
| [0 |
|
| AdvocateFees |
6 |
| rmmmmaFFi; |
@ |
| moT;;-mi; | @ |
| O | mo |
Place: PATNA
Date: 04/02/2026
PRESIDIMFFICER DEBTS RECOVERy TRIBUNAL PATNA
Note: Strike out whichever is not applicable
. ' eNding Ojice? -In Re401'err Trbwa PATATA
3 issues framed by the court
Whether the applicant bank has established its case through documentary evidence in the absence of the defendants.
Whether the corrected amount claimed in the supplementary affidavit should be considered for recovery.
Whether the application was filed within the period of limitation.
6 provisions across 5 enactments
Bank of Baroda, Exhibition Road Branch, Patna
M/s Bholenath Petroleum through its proprietor Mr. Mukesh Kumar
Mukesh Kumar
Kauslhalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
