The Debts Recovery Tribunal dismissed the defendant's defense by default and allowed the bank's application to recover a housing loan debt of Rs. 32,52,762/- along with interest, issuing a Recovery Certificate.
Recovery of Rs. 32,52,762/- with future interest at 9% p.a., costs, and issuance of a Recovery Certificate attaching mortgaged properties.
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.
1
OA 557 of2024jJl
DRT, PATNA
Debts Recovery Tribunal, Patna
Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025
Presiding Officer : Shri Kaushalendra Yadav
OA Case No. 557 of 2024
State Bank of India, branch at Naya Nagar, Dularpur Branch, Begusarai through Stressed Assets Recovery Branch, 2nd Floor, Patna Main Branch Building, West of Gandhi Maidan, Patna
Vs.
Aman Kumar, S/o Sri Ramprit Singh, resident of House No. A-3338, Refinery Township Panipath, Haryana. Pin- 132140 and permanent resident of Naya Nagar, Dularpur, Village- Adharpur, Naya Nagar, District- Begusarai- 851133, PAN No.CDUPK7404
. . . . . . . Defendant
Present:
For the Applicant For the Defendant
Shri Santosh Kumar Singh, Advocate Shri Ambuj Narayan, Advocate
Dated:25.06.2026
JUDGMENT
Vb PreSiding Ojice1 aol>ts RecoverY TabaIB1 PATNA
2
OA 557 of2024jJl
DRT, PATN A
equitable mortgage in favour of the applicant bank, details of which are given in OA. The applicant bank has also registered the immovable properties mortgaged with the bank in CERSAI.
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.
The total liability in the loan account is Rs.32,52,762/- as on 25.10.2024 with pendente-lite and future interest contractual rate from 26.10.2024 till the realization.
| SI.No | Description | ofIDate of |
Amount | SignatureTo | |
|---|---|---|---|---|---|
| Documents | Execution | (inLakh) | Executants |
Ann | |
| PhotocoDies | No |
Oooh Recovery Tribunal PATNA
3
DRT. PATN A
OA 557 of2024jJl
| Loanapplication | 11.10.2021 | 40.00 | Defendan | t | ||
|---|---|---|---|---|---|---|
| Arrang;mentletter | 30.12.2021 | 40.00 Rs.1,62,226/- |
Bank accepted defendant |
and by |
||
| Loanagreement | 30.12.2021 | Rs.41 ,62,226/- | Defendan | t | ||
| Agreement under PDR |
30.12.2021 | Rs.41 ,62,226/- | Defendan | t | ||
| 5 | Photocopy ofsale deed |
28.04.2018 | 5 | |||
| 6 | Confirmationletter EM |
26.01 .2022 | R | 6 | ||
| 7 | CERn Regjstration |
7 | ||||
| CODyof FIR | 23.02.2024 | Bank | ||||
| Notice | 05. 12.2023 | Bank | ||||
| Show cause notice | 22.01.2024 | Bank | ||||
| Letter | 15.10.2024 | Bank | ||||
| Legal notice | 07.08.2024 | Bank’sad | v. | |||
| Statement of account | Bank |
F \esrdilIB C'Ificer E''ebU RecoveW TFibww PATJIA
4
DRT, PATN A
OA 557 of2024jJ1
12 On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 07.02.2024, whereas the present application has been filed on 04.11.2024. 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.
- 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.
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.
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.
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 shaH 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.
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.
/A
D'esiding Officer ada IS Recovery TribURB PATNA
5
OA 557 of 20241JI
DRT1 PATN A
ORDER
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.32,52,762/- along with pendente-lite and future interest @ 9% p.a. with compounded monthly rests from 04.11.2024 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.
It is made clear that any amount deposited by the defendant, be deducted in the claim amount, if not deducted.
Defendant is debarred from transferring, alienating encumbering or otherwise dealing with or disposing of the mortgage(i or hypothecated or any other properties and assets without paying the aforesaid adjudicated dues to the
VAb F+-J' esitling Oj-icer Debts Rcc:ver/ Tribun nl PATNA
6
OA 557 of 20241 Jl
DRT, PATN A
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.
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 mortgage(1/ hypothecated assets as well as other personal movable/immovable assets of the defendant . 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 of demand notice to the CertifIcate 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 OffIcer, the execution may be dismissed for nonprosecution. The copy of this judgment be uploaded in the website of the Tribunal.
Parties are directed to appear before the Recovery Officer, DRT, Patna on 05.08.2026. The order be communicated accordingly.
Judgment signed, sealed, dated and pronounced in the open court on 25th day of June, 2026.
Dictated &corrected by me.
[Kaushalendra Yadav] Presiding Officer Debts Recovery Tribunal, Patna
FOWI NO. 9
[See Regulation 24( 1 )]
DEBTS RECOVERY TRIBUNAL PATNA
2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kcndriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.
RECOVERY CERTIFICATE UNDER SECTION 19(a READ WITH SECTION 19(aa OF THE RECOVERY OF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.
RC NO1 182/2026 IN
Case No: OA/557/2024
In the Matter of:
(CH- 1) STATE BANK OF INDIA BRANCH AT NAYANAGAR DULARPUR, BRANCH. BEGUSARAI THROUGH STRESSED ASSETS RECOVERY BRANCH 2ND FLOOR PATNA MAIN BRANCH BUILDING WEST OF GANDHI MADLAN, PATNA ,BIHAR -800001
Applicant(s)
To
(CD- 1) AMAN KUMAR . S/o- Sri Ramprit Singh resident of House No. A. 3338, Refinery Township Panipath Haryana Pin- 132140 and permanent resident ofNaya Nagar Dularpur, Village Adharpur, Naya Nagar, Begusarai ,BIHAR -851 133
Defendant(s)
RegQvery CeniQgate for Rs 3252762,QQ 1 Rupee$ Thirty Two Lakh$ Fjfty TwQ TIIQU sands Seven Hwndred Sixty TwQ OnI)a
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. 3252762.00 along with cost, expenses and interest from the 04/1 1/2024 i.e. date of filing / with effective date of the OA/557/2024 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-
| Sr.no N::e | Loa Type |
n Int. Type/Mode |
RI: | t DUe |
C:at: |
AmounKRs | ');iE:tr | Interest HeI: Date) |
AmouLt(Rs.)Remark |
|---|---|---|---|---|---|---|---|---|---|
| AMAN KUMAR |
Compound Interest (Monthly) |
;9 | –----– j04/11/2024 |
-Ii- 25/06/2026 |
3252762.oo | i iFuny |
Interest .::dT Date |
3252762.00 |
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 05/08/2026.
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.
This Certificate has been issued under my signature and seal of the Tribunal on this 02/07/2026
| /h Br~ Registrar Debts Recovery!bha |
PRESIDING OFFICER DEBTSRECOVERYTRIBUNALPATNA W: :8:::::{ E ; ;;;vIIB |
|---|---|
BBIRIFtTtafMT, WIT |
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. 182/2026
IN
Case No: OA/557/2024
Applicant(s): STATE BANK OF INDIA Versus
Defendant(s): AMAN KUMAR
| temofCosts | i Amount inRs |
|---|---|
| eeon the application | [35000 |
| ProcessFees(Inc. Publication) | i() |
| AdvocateFees | i() |
| Commissioner/Receiver/Valuation/SecurityFee | iO |
| lscellaneous Charges | Eo |
diale8Jf£’;-ks |
,35000 |
Place: PATNA
U
PRESIDING OFFICER
Date: 02/07/2026
DEBTS RECOVERY TRIBUNAL PATNA
Note: Strike out whichever is not applicable
0 eJ ::=;T& ::11:)1L xII11s)
3 issues framed by the court
Whether the DRT has jurisdiction over the applicant bank and defendant regarding a non-performing asset.
Whether the application filed under Section 19 of the RDB Act is barred by limitation.
Whether the debt claimed along with future interest is admissible in evidence upon the defendant's failure to file a written statement.
Colour shows how this judgement treated each authority
Banker's Books evidence Act, 1891Applied¶49
3 provisions across 2 enactments
State Bank of India
Aman Kumar
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Kaushalendra Yadav
Parties & counsel
