Allowed

Hdfc Bank Limited v. Bablu Kumar

DRT25 Jun 2026OA/520/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by HDFC Bank Limited under Section 19 of the RDB Act to recover a loan of Rs. 23,45,818.63 from the borrower and guarantor who failed to appear or contest the case despite summons and newspaper publication.

What did the court decide?

Joint and several recovery of Rs. 23,45,818.63 with interest at 10% p.a. from date of filing along with a Recovery Certificate issued under Section 19(22).

Hdfc Bank Limited versus Bablu Kumar — Banking and Recovery | DRT (2026)

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OA 520 of 2022jJI

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DRT, PATN A

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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. 520 of 2022

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HDFC Bank Limited, at 2-d Floor, Rajendra Ram Plaza, Exhibition Road, Patna 800 001

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. . . . . . . Applicant

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Vs.

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Bablu Kumar (Borrower), son of Akalesh Kumar, at Pakwapar Giriyak, P.O.- Giriyak, District- Nalanda, Bihar 803109, Near Middle School Pokwapar

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Nitish Kumar (Guarantor), son of Rambilash Prasad, at- Ghar Kubri, Post- Nekpur, Nekpur, Nalanda, Bihar Sharif, District- Nalanda, Bihar 803116

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Bhola Shankar, Advocate For the Defendants None

Dated:25.06.2026

JUDGMENT

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 26.09.2022 against the defendants to recover its debts from defendants of Rs.23,45,818.63 as on 11.08.2022 along with pendente-lite and future interest at the contractual rate from 12.08.2022 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 no.1 is an individual and the defendant no. 2 is the guarantor. Defendants approached the applicant bank for sanction of commercial loan of Rs.21,18,207/-, vide loan application dated 04.06.2019, which was sanctioned and transferred the amount by the applicant bank on 26.06.2019 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 hypothecated the

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VA”

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Presidi-B OficH Debts Recovea Tdbaaal PATNA

OA 520 of2022jJ1

DRT, PATN A

vehicle in favour of the applicant bank, details of which are given in OA. At the request of the defendants, the applicant bank has also sanctioned additional fund WCTL under GECL scheme on 29.09.2020 a sum of Rs.3.75 Lakh.

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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 05.01.2022 .

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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.23,45,818.63 as on 11.08.2022 with pendente-lite and future interest contractual rate from 12.08.2022 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 21.10.2022, 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. But the defendants have 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 defendants on 16.03.2023 in “Dainik Jagran” newspaper. After amendment, this Tribunal also issued summons/ notices copies of application & paper book to the defendants by registered/speed post on 24.10.2025, 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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Despite the registered summons/notices and publication of notice in newspaper, the defendants have not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendants to defend their case, but they failed to appear and to file WS, hence, the Tribunal has passed an

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b r,£sidi $icet Debts RecoverY Tribuna) PATNA

OA 520 of 2022jJl

DRT, PATNA

order to proceed ex-parte against the defendants on 17.05.2023. After amendment, notice was also served upon the defendant no.2 as reported by the Registrar on 06.01.2026, but he has not appeared hence the defendantno.2 is proceeded ex-parte.

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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 Swapan Patra, Legal Manager of the applicant bank. The details of documents are as follows:

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SI.No	Description Documents Photocopies	of	}Date of Execution	Amount (inLakh)	Signature of Executants	1Ex./ Ann. No
	LoanaDDlicatio	n	04.06.2019	20.60	Defendants
2	Agreeme and larantee			Rs.21 ,44,686/-	Defendants	2
3	Schedule-cum-k fact statement	ey	29.09.2020	3.75	Def.no.1	3
4	Facility hypothecation ment a	cum			Def.no. I	4
5	Loan recall notic	e	16.08.2022		Bank	5
6	Statement accounts	of			Bank	6

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8 Heard arguments and perused the case record.

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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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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 'rjv Presidi ni- Oficer t)b e!) t5 1ip I? IC () \1r Ie ry r1ib1 1riL ]IC) und PA

OA 520 of 20221 Jl

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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 05.01.2022, whereas the present application has been filed on 26.09.2022. 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 Swapan Patra, Legal 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 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 satire 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 business is not only admissible but shall be taken as the correct statement of

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q&b Presiding O ficer Debts Recovery TdbuIID PATN A

DRT. PATN A

OA 520 of2022jJl

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 11.08.2022 has been proved to be Rs.23,45,818.63 only by way of statement of accounts as well as evidence on affidavit. 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 fr6m defendants jointly and severally of Rs.23,45,818.63 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 26.09.2022 (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.23,45,818.63 along with pendente-lite and future interest @,10% p.a. with compounded monthly rests from 26.09.2022 (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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P&b \ D; = = tLIIILI!!ii D eb = = :T; }Il

OA 520 of 2022jJl

DRT, PATNA

Defendants are 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 defendants, by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendants. The Recovery OffIcer will issue demand notice to the Certi$cate 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 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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[Kaushalendra Yadav] Presiding Officer Debts Recovery Tribunal, Patna

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Pre,taRt ODa’ Debts @COven Tdbun•1 PATNA

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FORM NO. 9

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DEBTS RECOVERY TRIBUNAL PATNA

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[See Regulation 24( 1 )]

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2nd Floort (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchad Parisar (GPC)A), Ashiana Digha Road, Patna-800025.

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RECOVERY CERTIFICATE UNDER $ECTION 19(a READ WITH SECTION 19( m OF THE RE(,'OVERY QF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.

RC No. 196/2026 IN

Case No: OA/520/2022

In the Matter of:

(CH- 1) HDFC BANK LIMITED AT 2ND FLOOR RAJENDRA RAM PLAZA EXHIBITION ROAD, PATNA ,BIHAR -800001

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Applicant(s)

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(CD- 1) BABLU KUMAR Son ofAkalesh Kumar at Pakwapar Giriyak, P.O.- Giriyak, Near Middle school Pokwapar, Nalanda ,BIHAR -803 109

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Defendant(s)

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(CD- 2) NITISH KUMAR (GUARANTOR) SON OF RAMBILASH PRASAD AT- GFLAR KUBRI, POST - NEKPUR, NEWUR, NALANDA, BIHAR SHARIF, DISTRICT- NALANDA, BIHAR803 1 16

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RegQvery (:ertifigate fQr Rs 2345818l63 [ RVpee; Twenty ThFee Lakh S FQr ty Five ThQU$and$ Eight Hundred Eighteen And Pai se $ixfy Three OnI)L]

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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. 2345818.63 along with cost, expenses and interest from the 26/09/2022 i.e. date of filing / with effective date of the OA/520/2022 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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		Loan Type	Int. Type/Mode	Int. Rate	Effective ’ Date	Order Date	Bunt(Rs.)	LW;y	Interest 8/e: Date)	Amo Int(Rs.) ;Remark
. 1	BABLU KUMAR		Compound interest :Monthly)	10	26/09/2022		.5818.63	Jointly Severally	on Order Date	'2345818.63
. z	NITISH KUMAR (GUARANTOR)		pound Interest :Monthly)	10			.5818.63	Fointly	Interest :ido:: 'Date	2345818.63

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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. 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 Act1 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 -\ DEBTS RECOVERY TRIBUNAL PATNA _ Registrar bbt8r£il:::rel:fIlm& PATNA Dpb15nJ:'; f:i\at.a quI q@3M;Tn. CFiT

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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, Kendriya Karamchari Parisar

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

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 196/2026

Case No: OA/520/2022

Applicant(s): HDFC BANK LIMITED Versus

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Defendant(s): BABLU KUMAR

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Item ofCosts	:Amount inRs
Fee on the app–iicatiJn	E26000
’rocessFees(Inc. Publication)	0
Adlodatit;d-	0
Commissioner/Receiver/Valuation/SecurityFee	'0
MiscellaneousCharges	0
TotalCosts:Rs	:26000

Place: PATNA

PRESIDING OFFICER

Date: 02/07/2026

DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

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PresIding OBen

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Debts Recovery TribwIB! PATNA

Hdfc Bank Limited v. Bablu Kumar

Case brief

What is this about?

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Hdfc Bank Limited v. Bablu Kumar

Case brief

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