Allowed

Bank of Baroda v. Rohit Kumar

DRT23 Jun 2026OA/499/2024

Case brief

AI extract

What is this about?

In an ex-parte application under Section 19 of the RDB Act, the Patna DRT determined that the defendant owed the applicant bank a sum of Rs. 20,23,912.94 with interest following irregular repayment of a home loan where the borrower failed to contest the proceedings.

What did the court decide?

Recovery certificate issued for Rs. 20,23,912.94 plus interest at 10% p.a. from filing date till realization, with attached assets subject to execution by the Recovery Officer.

Bank of Baroda versus Rohit Kumar — Banking and Recovery | DRT (2026)

DRT. PATNA

OA 499 of 20241 Jl

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. 499 of 2024

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Bank of Baroda, Branch Office at Patna Main Branch, Fraser Road, Patna 800001

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. . . . . . . Applicant

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Rohit Kumar, S/o Ram Naresh Singh, Sharifaganj, P.O.- Madhav Mills, Nagla, PaUla 800008, PAN No. BXBOK2209N

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. . . . . . . Defendant

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Present:

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For the Applicant Shri Manish Kishore, Advocate For the Defendant None

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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 09.10.2024 against the defendant to recover its debts from defendant of Rs.20,23,912.94 as on 14.09.2024 along with pendente-lite and future interest at the contractual rate from 15.09.2024 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.Baroda Home Loan of Rs.30 Lakh for purchase of Plot and construct house thereon under the Scheme, vide loan application dated28.04.2023, which was sanctioned by the applicant bank on 09.05.2023 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendants. To secure the loan facilities defendant has executed various loan and security documents and also created equitable mortgage in favour of the applicant bank, details of which are given in OA. The applicant bank also got the security interest registered with the Central Registry. The defendant availed part amount i.e. Rs.13.50 Lakh out of sanctioned amount towards purchase of land and as per the request, the applicant bank though disbursed Rs.6.50 Lakh on 30.12.2023

OA 499 of 20241 Jl

DRT, PATN A

for construction of house but the defendant did not commence construction works on the purchased land.

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After availing the sanctioned credit facilities, the defendant 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 on04.05.2024.

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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.20,23,912.94 as on 14.09.2024 with pendente-lite and future interest contractual rate from 15.09.2024 till the realization.

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This Tribunal issued summon/notice copies of application & paper book to the defendant by registered/speed post on 05.11.2024, 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 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 on 02.08.2025 in “Prabhat Khabar” and “The Indian Express” 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 they failed to appear and to file WS, hence, the Tribunal has passed an order to proceed ex-parte against the defendant on 07.11.2025

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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 Vivek Kumar Srivastava, Assistant General Manager of the applicant bank. The details of documents are as follows:

OA 499 of2024jJl

DRT, PATN A

	Photocopies		Lakh'		No.
	LoanaDDlication	r804.2023	noT	Defendant
	Sanction letter	09.05.2023	30.00	Bank accepted defendant and by
	Loanagreement	10.05.2023	30.00	Defendant
	ComposM agreement	10.05.2023	30.00	Defendant
	e		30.00	Defendant
	e		30.00	Defendant
	e Ent		30.00	Bank
8	l deed				8
	I		30.00	Defendant	9
	/		30.00	Defendant
	e		30.00	Defendant
	e confirmation of EM		30.00	Defendant
13	OverdueNotice	31.10.2023		Bank	13
14	Notice	27.02.2024		Bank	14
15	Notice	15.04.2024		Bank	15
16	Notice	02.05.2024		Bank	16
17	Demand notice	09.05.2024		Bank	17
18	Statementofaccount			Bank	18
8.	Heard arguments and	peruse(ithe c	ase 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 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 fbrther 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,

V,\h

OA 499 of2024jJI

DRT, PATNA

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 04.05.2024, whereas the present application has been filed on 09.10.2024. 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 Vivek Kumar Srivastava, Assistant General 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 applicatioI} 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 no\v 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

DRT, PATN A

OA 499 of 20241 Jl

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 HInds advanced by applicant bank nor has 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 14.09.2024 has been proved to be Rs.20,23,912.94 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 defendant of Rs.20,23,912.94 along with pendente-lite and future interest @10% p.a. with compounded monthly rests from 09.10.2024 (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.20,23,912.94 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 09.10.2024 (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.

DRT1 PATN A

OA 499 of 20241 Jl

Defendant is debaned 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 defendant, by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendant. The Recovery OffIcer will issue demand notice to the Certifcate 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 OffIcer, 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 04.08.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 23Fd 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 NQ. 9 [See Regulation 24(1)]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor7 (A. B & F Wing) Karpud Thakur Sadan, Kendriya Karamchari Parism (GPOA), Ashiana Digha Road, Patna800025 .

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REeOVERY CERTIFICATE UNDER SECTION 19(Z) READ WITH SECTION 19(B) OF THE RECOVERY OF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.

RC No, 167/2026 IN

Case No: OA/499/2024

In the Matter of:

(CH- 1) BANK OF BARODA BRANCH OFFICE AT PATNA MAIN BRANCH FRASER ROAD PATNA ,BIHAR .800001

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(CD- 1) ROHIT KUMAR

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SON OF RAM NARESH SINGH Sharifaganj, P.O.- Madhav Mills, Nagla, Patna ,BIHAR -800008

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Applicant(s) Defendant(s)

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Recovery Certificate for Rs 2023912.94 [ Rupee$ Twenty Lpkh$ Twenty Three Thousands Nine Hundred Twelve And Paise Ninety FQHr Onjy_I

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In terms of final order dated 23/06/2026 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. 2023912.94 along with cost, expenses and interest from the 09/10/2024 i.e. date of filing / with effective date of the OA/499/2024 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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'Sr.no	CD Name	Loan Type	Int. Type/Mode	Int. Rate	Effective ! Date	Order Date	EAmount(Rs.) ?LRT	Interest EdT Date)	AmoS(Rs.)	Remark
	ROHIT KUMAR		Compound Interest (Monthly)	10	F09/10/2024	;23/06/202	6 ;2023912.94 :Fully	Interest ii:dTI Date	?2023912.94

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In case of failure to pay the aforementioned adjudicated amount within 30 days9 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. Parties are directed to appear before MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRiBUNAL PATNA on 04/08/2026.

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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 Barks and Financial Irutitutions 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 24/06/2026

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PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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(CL--

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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 Padsar (GPOA), Ashiana Digha Road, Patna-800025 .

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 167/2026

Case No: OA/499/2024

Applicant(s): BANK OF BARODA Versus

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Defendant(s): ROHIT KUMAR

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tem ofCosts	Amount inRs
taiill--diaLij;liJ£ii8i	E23000
ProcessFees(Inc.Pubh;ation)	!0
AdvocateFees	'0
Commissioner/Receiv8r/ValuatioI;He-ime	.0
Miscellaneous Charges	0
TotalCosts:Rs,	i23000

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Place: PATNA

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Date: 24/06/2026

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PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

Bank of Baroda v. Rohit Kumar

Case brief

What is this about?

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Bank of Baroda v. Rohit Kumar

Case brief

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What did the court decide?

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