Allowed

Bank of Baroda v. M/s Sneha Enterprises

DRT25 Jun 2026OA/476/2025

Case brief

AI extract

What is this about?

The DRT allowed an OA filed by Bank of Baroda against a defaulting firm and its guarantors. Relying on documentary evidence and the Banker's Books Evidence Act, the Tribunal determined the outstanding dues at Rs. 25.99 lakhs, issued a Recovery Certificate, and attached the mortgaged assets for realisation.

What did the court decide?

Recovery Certificate issued for Rs. 25,99,857.87 with future interest at 10% p.a.; mortgaged assets attached and subject to sale.

Bank of Baroda versus M/s Sneha Enterprises — Contract and Commercial Disputes | DRT (2026)

OA 476 of2025jJl

DRT, PATN A

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. 476 of 2025

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Bank of Baroda, branch at Bazar Samiti, Patna, District- Patna, Bihar

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.Applicant

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M/s Sneha Enterprises (Prop. Ms. Sneha Sinha), C/o- Mr. Rakesh Kumar Sinha, D.N. Das Lane, LangartoII, Bangali Akhara, Kadamkuan, Patna, Bihar 800003

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Ms. Sneha Sinha, D/o Mr. Sanjay Kumar Sinha, R/o- near Post Office, RMS Colony, Kankarbagh, Sampatchak, Lohiya Nagar, Patna 800020

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Mr. Abhishek Jamuar, S/o Shri Ghanshyam Lal Jamuar, R/o- 23, Jamuar House, Harnaha Tola, Sudarshan Path, Patna City, Patna, Bihar 800008

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Mrs. Radha Jamuar @ Radha Sinha, W/o Shri Ghanshyam Lal Jamuar, R/o- 23, Jamuar House, Harnaha Tola, Sudarshan Path, Patna City, Patna, Bihar 800008

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Rishi Kumar, Advocate Shri Jyoti Prakash, Advocate For the Defendants Shri Sameer Sawarn, Advocate Shri Prabha Shankar Mishra, Advocate

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Dated:25.06.2026

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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 25.06.2025 against the defendants to recover its debts from defendants of Rs.28,69,135.14 as on 02.06.2025 along with pendente-lite and future interest at the contractual rate from 03.06.2025 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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1:11hIEIIIIII= =::kli Ii == UR& }

OA 476 of2025jJl

DRT, PATN A

Defendant no.1 is a proprietorship firm of which defendant no.2 is the proprietor. Defendant no. 3 and 4 are guarantors. Defendants approached the applicant bank for sanction of cash credit of Rs.24 Lakh, vide loan application dated 27.01.2023, which was sanctioned by the applicant bank on 31.01.2023 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 and also created mortgage in favour of the applicant bank, details of which are given in OA

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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 16.09.2024.

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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.28,69,135.14 as on 02.06.2025 with pendente-lite and future interest contractual rate from 03.06.2025 till the realization.

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This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 22.07.2025, requiring them to show-cause within 30 days of the service U/s 19 (4) of the Acl & 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 dated 02.09.2025 but they have not filed their written statement within the statutory period hence vide order dated 21.11.2025, opportunity for the same was closed. At the time of final arguments, an opportunity of 15 days was granted to the defendants for filing the written notes of arguments but the same has also not been filed.

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p,e,IdinB ODceP Oqbb Recovery Tribunal RATN A

OA 476 of2025jJI

DRT, PATN A

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 Navin Kumar, Senior Branch Manager of the applicant bank. The details of documents are as follows:

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SI.Nc	) 1Description Documents Photocopies of	1 Date of Execution	IAmount I(in Lakh	ISignature 1Executants of	:Ex./ Ann No.
	LoanaDDlication	27.01.2023		Defen.no.1&2
	Sanction letter	31.01.2023	24.00	Bankand accepted bydefendants
J '1	e lroprietorshi			Def.no.1&2	3
	DiNot		24.00	Def.no.1&2
	e securit'		24.00	Defno.I&2
	PowerofAttorne'	31.01.2023		Def.no.1&2
	Composite agreement	31.01.2023	24.00	Defendants
8	Composite Hypothecation agreement	31.01.2023	24.00	Def.no.I&2	8
9	e uarantee		24.00	Def.no.3&4	9
10	P) deed				10
11	e	n
12	e	1
13	a	i
8.	Heard arguments and	perusedtheca	serecord.

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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.

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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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bA Presiding OWe# 7 @bb RecoverY TdbWB PATH 4

DRT1 PATNA

OA 476 of2025jJl

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 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 16.09.2024, whereas the present application has been filed on 25.06.2025. 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.

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Shri Navin Kumar, Senior Branch 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.

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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 fbrnished 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 shaH 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

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evidence. The statement of account maintained in the ordinary course of

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Prestd i Often Debts RecoveR TFlbun81 PATN A

OA 476 of20251J1

DRT, PATN A

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 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 02.06.2025 has been proved to be Rs.25,99,857.87 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.

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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 defendants jointly and severally of Rs.25,99,857.87 along with pendente-lite and future interest @ 10% p.a. simple from 25.06.2025 (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.25,99,857.87 along with pendente-lite and future interest @ 10% p.a. simple from 25.06.2025 (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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UkPresldinR ~Often RoLl'I Recovery TribBB4J PAT NA

DRT, PATNA

OA 476 of 20251 Jl

Defendants are 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 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 of mortgage(i/ hypothecated assets as well as other personal movable/immovable assets of the defendants. However, no proclamation of sale will be issued, if the Defendant/CertifIcate Debtor ensures payment of the certifIcate amount in 6 months from the date ofdemand notice to the Certi$cate debtors. The Recovery OffIcer 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 Oacer, 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 05.08.2026. The order be communicated accordingly .

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Judgment signed, sealed, dated and pronounced in the open court on 25th day of June, 2026.

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Dictated &corrected by me.

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[KauMendra Yadav] Presiding Officer Debts Recovery Tribunal, Patna Prestdia8 Often Debts Recovery Tdbwu PATNA

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EQRMLNa9 [See Regulation 24(1 )]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor, (A. B & F Wing) Karpuri Thakur Sadant Kendriya Karamchari Parisu (GPOA), Ashiana Digha Roads Patna-800025

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LE RE NKRUPTCY }E' / 19-Jm nb iIFTm

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R(,' No. 193/2026 IN

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Case No: OA/476/2025

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In the Matter oe (CH- 1) BANK OF BARODA BRANCH AT BAZAR SAMITI9 PATNA! PATN A ,BIHAR -0

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Applicant(s)

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(eD. I) M/S SNEFLA ENTERPRISES {Prop. Ms. Sneha Sinha), C/o- Mr. Rakesh Kumar Sinha, D.N. Das Lane, Langartoli, Bangali Akhara, Kadamkuan) Patna ,BIHAR -800003

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(CD- 2) MS SNEHA SINHA D/0- MR. SANJAY KUMAR SrNH A, R/0- NEAR POST OFFICE. RMS COLONY, KANKARBAGH, SAMAPATCHAK, LOHIYA NAGAR, PATNA- 800020

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Defendant(s)

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(CD_ 3) MR. ABHISHEK JANIUAR S/0- SHRI GHANSHYAM LAL JAMUAR, R/0- 23, JAMUAR HOUSE. HARNAHA TOLA, SUDARSHAN PATH, PATNA CITY, PATNA, BIHAR- 800008

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(CD- 4) MRS. RADHA JAMU AR ALIAS RADFIA

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SINHA

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\v/o_ SHRI GHANSHYAM LAL JAMUAK R/O- 23, JAMUAR HOUSE, HARNAHA TOLA, SUDARSHAN PATH, PATNA CITY, PATNA, BIHAR- 800008

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R jgate for R $ Twenty Five Lakhs Ni n

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Seven Only]

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In terms of fInal order dated 25/06/2026 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. 2599857.87 along with cost, expenses and interest from the 25/06/2025 i.e. date of fiIIng / with effective date of the OA/476/2025 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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Sr.n	o CD Name	Int. Type/Mode	Int. Rate	Effective Date	o::t:	A m o u n t (]FiEbI!I B)	L T:by	= :::e: s	A m o:: ( Rs+ )
. 1	M/SSNEHA ENTERPRISES	Simple Interest ,(Yearly )	IO	25/06/2025	p2 5 /0 6 /2 0 2 6	;2 5 9 9 8 5 7o8 7	::: : 1(111 d	; F= r S	:2599857 p87
2	MS SNEHASINHA	Simple Interest (Yearly)		25/06/2025	25/06/2026	:2599857.87	JS:i:: : 1jn d	;Jn::iate rs	2599857.87
3	MR. ABHISHEK JAMUAR	:Simple Interest (Yearly)		25/06/2025	25/06/2026	,2599857.87	JSa::1: : 1{![1 d	:n:::= r S	2599857.87
4	MRS.RADHA JAMUAR ALLAS RADHA SINHA	Simple Interest (Yearly)		.25/06/2025	:25/06/2026	;2599857.87			-2599857.87

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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 ASHISH KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 05/08/2026.

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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 02/07/2026

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PRESIDING OFFICER 4M' DEBTS RECOVERY TRIBUNAL PATNA RegIstrar p?88tdi88 OOca1 DebtsMyMpatna Qebb Ro3Tf= Tdbun'A BIll mINt NRFr

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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 .

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 193/2026

Case No: OA/476/2025

Applicant(s): BANK OF BARODA

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Versus

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Defendant(s): M/S SNEHA ENTERPRISES

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	ItemofCosts	Amount inRs
	Feeon the application	31000
	ProcessFees(Inc.Publication)	0
	IGvdateFees
	an/Security Fee	'd
5.	iMiscellaneousCharges	:0
	!Total Costs:Rs.	31000

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Place: PATNA

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PRESIDING OFFICER

Bank of Baroda v. M/s Sneha Enterprises

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. M/s Sneha Enterprises

Case brief

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