Allowed

Union Bank of India v. M/s Maa Durga Printer

DRT29 Jun 2026OA/607/2024

Case brief

AI extract

What is this about?

Union Bank of India filed an application under Section 19 of the RDB Act to recover a debt of Rs. 23,87,239.01 from M/s Maa Durga Printer and proprietor Ranjit Kumar Nishad. The defendants failed to appear despite summons and newspaper publication. The Tribunal proceeded ex-parte, accepted the bank's documentary evidence, and passed an order in favour of the bank.

What did the court decide?

Debt of Rs. 23,87,239.01 along with pendente-lite and future interest @ 9.95% p.a. from 29.11.2024 till realization granted; recovery certificate issued to Recovery Officer.

Union Bank of India versus M/s Maa Durga Printer — Banking and Recovery | DRT (2026)

OA 607 of 20241 Jl

DRT, PATN A

Debts Recovery Tribunal, Patna

¶5

Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

¶6

Presiding Officer : Shri Kaushalendra Yadav

¶7

OA Case No. 607 of 2024

¶8

Union Bank of India, branch office at Boring Road Branch, lst Floor, Steel House, Near Police Check Post, Boring Road, Patna 800001

¶9

. . . . . . .Applicant

¶10

Vs.

¶11

I M/s Maa Durga Printer (Borrower Firm), under the proprietorship of Ranjit Kumar Nishad (Borrower), S/o Basu Mahto Nishad, Near PNB ATM, Bhikhna Pahari, Near Devi Asthan, Patna 800004, PAN No. BIQPN8547J

¶12

Ranjit Kumar NisIlad (Borrower), S/o Basu Mahto Nishad, Pathari (Jhat, Near Devi Asthan, Guljarbagh, Patna 800007, PAN No. BIQPN8547J

¶13

. . . . . . . Defendants

¶14

Present:

¶15

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

¶16

Dated :29.06.2026

¶17

JUDGMENT

¶18

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 29.11.2024 against the defendants to recover its debts from defendants of Rs.23,87,239.01 as on 31.10.2024 along with pendente-lite and future interest at the contractual rate from 01.11.2024 with costs till realization.

¶19

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.

¶20

Defendant no.1 is a proprietorship firm of which defendant no.2 is the proprietor. Defendants approached the applicant bank for sanction of financial assistance of Rs.10 Lakh by way of working capital as Cash Credit facility for running of printing press, vide loan application dated 19.03.202 1,

¶21

R\av'

¶22

Plesidint OIFc•1 Debt8 Recovea THbwlu PATNA

OA 607 of2024IJl

DRT, PATNA

which was sanctioned by the applicant bank 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 in favour of the applicant bank, details of which arggiven in OA. The said facility was renewed on 25.05.2022.

¶27

Defendant no.2 further approached the applicant bank for sanction of additional cash credit facility of Rs.15 Lakh by way of Term Loan to purchase additional machineries, which was sanctioned by the applicant bank 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 in favour of the applicant bank, details of which are given in OA.

¶28

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 15.05.2024.

¶29

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.

¶30

The total liability in the loan account is Rs.23,87,239.01 as on 31.10.2024 with pendente-lite and future interest contractual rate from 0 1 . 11 .2024 till the realization.

¶31

This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 16.12.2024, 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

rAW

OA 607 of2024jJI

DRT, PATN A

advertisement in newspaper was also made against the defendants on 07.08.2025 in “Prabhat Khabar” and “Hindustan Times” newspapers.

¶37

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 order to proceed ex-parte against the defendants on 25.11.2025 .

¶38

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 Abhay Kumar, Chief Manager of the applicant bank. The details of documents are as follows:

¶39

SI.No	Description Documents PhotocoDies of	Date of Execution	Amount (in Lakh'	Signatur Executants	eof	Ex./ Ann No
1	Loanapplication	19.03.2021	noT	Defendants		1
2	Sanction letter	17.03.2021	10.00	Bank accepted defendants	and by	2
3	DPNote	19.03.2021	10.00	Defendants		3
4	Hypothecation agreement	19.03.2021	10.00	Defendants		4
5	Letterofcontinuit'	19.03.2021	10.00	Defendants		5
6	Letterofundertakin$	19.03.2021	10.00	Defendants		6
7	Letter of undertakin!	19.03.2021	10.00	Defendants		7
8	Letterofguarantee	19.03.2021	10.00	Defendants		8
9	Agreemen PDR	19.03.2021	10.00	Defendants		9
10	Letter of consent	19.03.2021	10.00	Defendants		10
11	Interestagreement	19.03.2021	10.00	Defendants		11
12	Renewal sanction	25.05.2022	10.00	Bank		12
13	Letter	20.06.2022		Defendants		13
14	Sanctionletter	27.06.2022	15.00	Bank accepted defendants	and by	14
15	D P Note	20.06.2022	15.00	Defendants		15
16	General termloan agreement	20.06.2022	15.00	Defendants		16
17	LetterofcontinuiO	20.06.2022	15.00	Defendants		17
18	Letterofundertaki6	20.06.2022	15.00	Defendants		18
19	Agreement under- PDR	20.06.2022	15.00	Defendants		19
20	Letterofconsent	20.06.2022		Defendants		20
21	Interestagreement	20.06.2022	15.00	Defendants		21
22	Overduenm	12.09.2023		Bank		22
23	Overdue notices	07.1 1.2023		Bank		23

DRT, PATNA

OA 607 of2024jJI

24	Overduenotices		08.04.2024	Bank
25	lalnotice		22.05.2024	Bank’sadv
MSta	tement accounts	of		Bank

¶45

Heard arguments and perused the case record.

¶46

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.

¶47

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.

¶48

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.

¶49

On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 15.05.2024, whereas the present application has been filed on 29.11.2024. 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.

¶50

Shri Abhay Kumar, Chief 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

N / y\\a

OA 607 of2024jJI

DRT, PATNA

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.

¶56

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.

¶57

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.

¶58

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 certiped copy of any entry in a banker’s book shall in an 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.

¶59

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.

¶60

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.

¶61

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 3 1.10.2024

¶62

*J,, PresIding Ofice I. Debts Recovery Tribuna PATNA

OA 607 of 2024jJI

DRT, PATN A

has been proved to be Rs.23,87,239.01 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.

¶67

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.23,87,239.01 along with pendente-lite and future interest @ 9.95% p.a. with compounded monthly rests from 29.11.2024 (The date of filing of this OA) till realization. So the final order may be passed accordingly, to meet the ends of justice.

¶68

ORDER

¶69

In the result, the application of the applicant bank is alloyed 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.23987,239.01 along with pendente-lite and fbture interest @ 9.95% p.a. with compounded monthly rests from 29.11.2024 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

¶70

It is made clear that any amount deposited by the defendants, be deducted in the claim amount, if not deducted.

¶71

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.

¶72

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

¶73

>d&!I? PresidinB OJic•' Dab RecoverY TdbWI PATNA

OA 607 of 20241 Jl

DRT, PATNA

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(1/ hypothecated assets as well as other personal movable/immovable assets of the defendants. The Recovery Of$cer will issue demand notice to the CertifIcate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted by the applicant. If The Applicant /CertifIcate holder fails to comply with directions of the Recovery Of$cer, the execution may be dismissed for non-prosecution. The copy of this judgment be uploaded in the website of the Tribunal.

¶78

Parties are directed to appear before the Recovery Officer, DRT, Patna on 10.08.2026. The order be communicated accordingly.

¶79

Judgment signed, sealed, dated and pronounced in the open court on 29th day of June, 2026.

¶80

Dictated &corrected by me.

¶81

[Kaushalendra Yadav] Presiding Officer Debts Recov%%3Ubyn?1, .P?tna Debts Recovery Tribuna, PATNA

¶82

FORM NO1 9 [See Regulation 24( 1)]

¶83

DEBTS RECOVERY TRIBUNAL PATNA

¶84

2nd Floor? (A. B & F Wing) Karptui Thakur Sadan) Ken hiya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.

EAD \ M

Re No, 210/2026 IN

Case No: OA/607/2024

In the Matter of:

(CH- 1) UNION BANK OF INDIA BRANCH OFFICE AT BORING ROAD BRANCH. 1 ST FLOOR STEEL HOUSE, NEAR POLICE CHECK POST, BORING ROAD, PATNA ,BIHAR -800001

Applicant(s)

––-- Versus –-––

(CD- 1) M/S MAA DURGA PRINTER Under the Proprietorship of Ranjit Kumar Nishad (Borrower), S/o- Basu Mahto Nishad, Near PNB ATM. Bhikhna Pahari, Near Devi Ast Iran, Patna ,BIHAR -800004

¶94

Defendant(s)

¶95

(CD- 2) RANJIT KUMAR NISHAD

¶96

(BORROWER) S/0- BASU MAHTO NISHAD, PATHARI GHAT, NEAR DEVI ASTHAN, GULJARBAGH, PATNA 800007

¶97

Recovery (,'ertiHcate for Rs 2387239.01 1 Rupees Twenty Three Lakhs EigUy Seven Thousand$ Two Hundred ThirtY Nine And Paise One OnlyJ

¶98

In terms of final order dated 29/06/2026 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. 2387239.01 along with cost, expenses and interest from the 29/11/2024 i.e. date of filing / with effective date of the OA/607/2024 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

¶99

	Int. e/Mode	Int. ERate	,Effective : Date	Order Date	,mount(Rs.)	Liability 1)Te	Interest (as on Order Date)	RC Amount(Rs.)	Remark
M/SMAA DURGA PRINTER	Interest lonthly)	.95	11/2024		87239.01	}intIy Severally	Interest Date	;7239,01
RA}iJIT KUMAR NISHAD (BORROWER)	;ompound Interest [onthly)	1.95	E29/11/2024		87239.01	:Jointly And :Severally	nterest .Ason Order	17239,01

¶100

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.

¶101

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 10/08/2026

¶102

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.

¶103

This Certificate has been issued under my signature and seal of the Tribunal on this 03/07/2026

¶104

1 P Pfi;;$ Frs a

¶105

PRESID OFFICER DEBTS RECOVERY TRIBUNAL PATNA

¶106

De: : 11Rhit:IF!!jjI iII: n a

¶107

FORM NO. 10 [See Regulation 24(2)]

¶108

DEBTS RECOVERY TRIBUNAL PATNA

¶109

2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025 .

¶110

SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 210/2026

Case No: OA/607/2024

Applicant(s): UNION BANK OF INDIA Versus

¶115

Defendant(s): M/S MAA DURGA PRINTER

¶116

Item ofCosts	i Amount inRs
Feeon the application	i26000
ProcessFees(Inc.Publication)	to
AdvocateFees	;0
Commissioner/Receiver/Valuation/SecurityFee	10
MiscellaneousCharges	10
Total Costs:Rs	}26000

¶117

Place: PATNA

¶118

Date: 03/07/2026

¶119

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA

¶120

Note: Strike out whichever is not applicable

Union Bank of India v. M/s Maa Durga Printer

Case brief

What is this about?

What did the court decide?

Union Bank of India v. M/s Maa Durga Printer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bank of India versus M/s Kasturi Collection

Icici Bank Limited versus M/s Easy M Telesystems

Bank of India versus M/s Victual Lounge

State Bank of India versus M/s Ex Servicmen Canteen

Bank of Baroda versus Mrs. Pallavi Kumari

Bank of Baroda versus M/s Human Care Pharma