Allowed

Bank of Baroda v. M/s Aditi Enterprises

DRT29 Jun 2026OA/656/2024

Case brief

AI extract

What is this about?

Bank of Baroda filed an application under Section 19 of the RDB Act to recover a loan of Rs. 25 lakhs along with interest from three respondents who failed to repay their term loan and cash credit. The DRT, Patna decided the application ex-parte as respondents did not appear.

What did the court decide?

Joint and several liability to pay Rs. 25,00,061.08 with interest attached and recovery certificate issued to Recovery Officer.

Bank of Baroda versus M/s Aditi Enterprises — Execution and Attachment | DRT (2026)

OA 656 of 2024jJl

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. 656 of 2024

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Bank of Baroda, B.O.- Patna Main Branch, District- Patna

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. . . . . . .Applicant

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M/s Aditi Enterprises (Proprietor- Mr. Omkar), Office at- Shanti Kunj Apartment, Harnichak, Beur, Anisabad, Near Shivam Convent School, Patna 800002, Bihar

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Mr. Omkar, S/o Mr. Yugal Kishore Pathak, R/o- 101, Shanti Kunj Apartment, Harnichak, Beur, Anisabad, Near Shivam Convent School, Patna 800002, Bihar

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Mrs. Meera Devi, W/o Mr. Omkar, R/o- 101, Shanti Kunj Apartment, Harnichak, Beur, Anisabad, Near Shivam Convent School, Patna 800002, Bihar

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Jyoti Prakash, Advocate For the Defendants None

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Dated:29.06.2026

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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 16.12.2024 against the defendants to recover its debts from defendants of Rs.25,00,061.08 as on 04.11.2024 along with pendente-lite and future interest at the contractual rate from 05.11.2024 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 db suit through various branches including the applicant.

¶21

Defendants approached the applicant bank for sanction of term loan of Rs.19 Lakh to purchase a Vehicle, vide loan application dated 31.05.2022, \h

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PresIding Omcer DaB Recovery TdbuIId PATNA

OA 656 of 20241 Jl

DRT, PATN A

which was sanctioned by the applicant bank on 31.05.2022 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 vehicle in favour of the applicant bank, details of which are given in OA

¶27

Defendants again approached the applicant bank for sanction of term loan of Rs.3.50 Lakh and Cash Credit of Rs.5 Lakh to meet business needs, vide loan application dated 30.08.2022, which were sanctioned by the applicant bank on 31.08.2022 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 03.04.2024.

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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.25,00,061.08 as on 04.11.2024 with pendente-lite and future interest contractual rate from 05.11.2024 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 08.01.2025, 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. 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

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advertisement in newspaper was also made against the defendants on 06.11.2025 in “Prabhat Khabar” and “The Times of India” newspapers.

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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 order to proceed ex-parte against the defendants on 18.02.2026

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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:

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SI.No	of Description Documents Photocopies	IDate of Execution	Amount (in Lakh	Signature Executants	of	1Ex./ Ann No.
	Loan aDDlicati	3 1 .05.2022	m9i	Defendants
	Sanctionlette]	3 1 .05.2022	19.00	Bank accepted defendants	and by
	DPnote	01.06.2022	19.00	Defendants
	Letterofinstallment	01.06.2022	19.00	Defendants
	Letterofauthorit'	01.06.2022	19.00	Defendants
	Hypothecation agreement	01.06.2022	19.00	Defendants
7	Declaration cum undertaking cum authorit'	01.06.2022	a9	Defendants		7
8	Registration documents					8
	Loanapplication	30.08.2022	8.50	Defendants		9
	Letterofsanction	31.08.2022	5.00CC 3.50 TL	Bank accepted defendants	ma by
11	DPNote	31.08.2022	5.00 3.50	Defendants		11
12	sole Letterof }roprietorshi	31.08.2022		Defendants		12
13	-Composite Hypothecation 'eement	31.08.2022	8.50	Defendants		13
14	Dm undertakings cum cum authorit'	3 1.08.2022	8.50	Defendants		14
15	Letter ofcontinuing securrt'	31.08.2022	8.50	Defendants		15

&it

DRT, PATNA

OA 656 of2024jJI

16	Draft undertakin.	31.08.2022		Defendants	16
17	Undertakin	31.08.2022	8.50	Defendants	17
18	PDR	31.08.2022	8.50	Defendants	18
19	Overdue notice	29.04.2024		Bank	19
20	Legal notice	11.11.2024		Bankadv,	20
21	Stat= accounts			Bank	21

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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 loari 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 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.

¶48

On the issue of Limitation, to prove it, the applicant bank. has submitted that the applicant bank has declared the account as NPA on 03.04.2024, whereas the present application has been filed on 16.12.2024. 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.

¶49

Shri Vivek Kumar Srivastava, Assistant General Manager of the applicant bank has filed the affidavit in support of contents of application and

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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 cppy 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 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 evidence. The statement of account maintained in the ordinary course of business is not only admissible but shall be taken as the correQt 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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t) ab]::: : :I=e ::I;I[ I = = 1 1 11NFR)IL B

OA 656 of2024jJI

DRT, PATN A

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 04.11.2024 has been proved to be Rs.25,00,061.08 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 fr6m defendants jointly and severally of Rs.25,00,061.08 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 16.12.2024 (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 defendants. The defendants are hereby jointly and severally, ordered to pay the applicant bank its debt amounting to Rs.25,00,061.08 along with pendente-lite and future interest @ .10% p.a. with compounded monthly rests from 16.12.2024 (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 defendants, be deducted in the claim amount, if not deducted.

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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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Prestdint Ofic81 OUts Recovery TrIbunal PATHA

OA 656 of20241JI

DRT, PATN A

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. 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 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 10.08.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 29tt' day of June, 2026. M /J

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M /J /6 J-ay- #'>* [Kaushalendra Yadav] • Presiding Officer , Patna DebtsRecHiaaT;jbbl#bE Debts Reeovery Tribuna' PATRA

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Dictated &corrected by me.

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FORM NOI 9

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DEBTS RECOVERY TRIBUNAL PATNA

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[See Regulation 24( 1)]

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

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RECOVERY CERTIFICATE UNDER SECTION 19(a READ WITH SECTION 19(@ OF THE RECOVERY OF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.

RC No. 201/2026

Case No: OA/656/2024

In the Matter of: (CH- 1) BANK OF BARODA BO PATNA MAIN BRANCH PATNA ,BIHAR -0

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Applicant(s)

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(CD- 1) M/S ADITI ENTERPRiSES Proprietor- Mr. Omkar, Office at- Shanti Kunj Apartment , Harnichak, Bcur, Anishbad, near Shivam Convent School, Patna ,BIHAR -800002

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(CD- 2) MR. OMKAR

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S/0- MR. YUGAL KISHORE PATHAK, R/0- 101, SHANTI KUNJ APARTMENT. HARNICHAK. BEUR, ANISAB AD, NEAR SHIVAM CONVENT SCHOOL, PATNA- 800002 BIHAR

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Defendant(s)

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(CD- 3) MRS. MEERA DEVI

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W/0- MR. OMKAR, R/0- 101, SHANTI KUNJ APARTMENT, HARNICHAK, BEUR ANIS AB AD, NEAR SH]VAM CONVENT SCHOOL, PATNA800002, BIHAR

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Recov€ry e'€rjitica le fpr Rs 25000$1.08 [ Rup€e# Tw€nfy Fiv€ Lakh s Sixty One And PRise Eight anI}a

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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. 2500061.08 along with cost, expenses and interest from the 16/12/2024 i.e. date of filing / with effective date of the OA/656/2024 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	CDName	n Int. T)'pe/Mode	Int. Rate	Effective Date	Order Date	i I!!IncIount( 1F1:L151B	) ! IJ!!q: ::by	Interest :::: Date)	' :AmoInt(Rs.)Remark
, 1	.M/SADITI }ENTERPRISES	Compound Interest (Monthly)	.10	16/12/2024	29/06/2026	12500061.08	'Jointly !And iSeveratty	;Interest As on Order .Date	12500061.08
2	MR. OMKAR	Compound Interest (Monthly)	10	16/12/2024	:29/06/2026	12500061.08	'Jointly :And jSeverally	'lntcrcst As :onOrder iDate	12500061 .08
, J	MRS. MEERA ;DEVI	Compound Interest (Monthly)	]0	16/12/2024	:29/06/2026	12500061.08	!Jointly IAnd iSevcrally	:Interest As ion Order ;Date	'2500061.08

¶102

In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the moHgaged/hypothecated assets as well as other personal movable/ Immovable assets of the certificate debtors.

¶103

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.

¶104

Parties are directed to appear before MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PAT)qA on 10/08/2026. The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed urder 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 03/07/2026

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PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATlgA

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¶108

_ Registrar

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D ::::1[ %pI;eIn!!I n a

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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. 201/2026

Case No: OA/656/2024

Applicant(s): BANK OF BARODA Versus

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Defendant(s): M/S ADITI ENTERPRISES

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Item ofCosts	EAmount inRs
Feeon theapplication	;28000
i;iiiii-iii;{ii;i.-iilblii-£iioiiS
Advocatitaes	E-0
ama&curity Fee	0
&MmousCharges	;0
TotalCosts: Rs	128000

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Place: PATNA

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Date: 03/07/2026

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PRESIDINKOFFICER DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

Bank of Baroda v. M/s Aditi Enterprises

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. M/s Aditi Enterprises

Case brief

What is this about?

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