Allowed

Bank of India v. Mrs. Amrita Pritam

DRT27 Jan 2026OA/661/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal adjudicated an application under Section 19 of the RDB Act filed by Bank of India to recover a defaulted loan. Finding the bank's documentary evidence and bank statements unchallenged, the Tribunal allowed the application and determined the debt against the borrowers.

What did the court decide?

Recovery certificate issued for Rs. 35,37,565.89 plus interest and costs; mortgaged and hypothecated assets attached for realization by the Recovery Officer.

Bank of India versus Mrs. Amrita Pritam — Banking and Recovery | DRT (2026)

OA 661 of2022jJl

DRTI PATNA

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. 661 of 2022

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Bank of India, Patna C & P Branch, Raghubir Prabha Palace, Boring Road, Patna.

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. . . . . . .Applicant

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Vs.

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Mrs. Amrita Pritam, C/o N K Singh, Ranjan Path, Gold Road, Danapur, Patna 801503 having Oro Dental Care Centre, at East Boring Canal Road, Kamta Singh Lane, Patna 800001 (Borrower), PAN No.APFPP6698M

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Mr. Ashutosh Trivedi, C/o Oro Dental Care Centre, East Boring Canal Road, Kamta Singh Lane, Patna 800 001 (Borrower)

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. . . . . . . Defendants

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Present:

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For the Applicant : Shri Abhishek Singh, Advocate For the Defendant no. 1 : Ms. Kanchan Kumari, Advocate For the Defendant no.2 : Shri Deepak Kumar, Advocate

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Dated:27.01.2026

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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) on09.12.2022 against the defendants to recover its debts from defendants of Rs.35,37,565.89 as on 17.11.2022 along with pendente-lite and future interest at the contractual rate from 18.11.2022with 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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Defendants approached the applicant bank for sanction of term loan facility of Rs.33.50 Lakh for purchasing of X-ray machine vide loan application dated17.10.2017, which was sanctioned by the applicant bankon various terms and conditions, as stipulated in the sanction letter, which were

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OA 661 of 20221JI

DRT, PATNA

duly accepted by the defendants. To secure the loan facility defendants have executed various loan and security documents and also hypothecated the machine in favour of the applicant bank, details of which are given in OA.

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After availing the sanctioned credit facility, 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 on3 1.03.2021.

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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.35,37,565.89 as on 17.11.2022 with pendente-lite and future interest contractual rate Brom 18.11.2022 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 04.10.2023, 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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In response to the notice, the defendant no.2 on 11.12.2023 and defendant no.1 on 05.01.2024 have appeared but they have failed to file their written statement hence vide order dated 25.09.2024, the opportunity to file the same was closed and the defendants were given liberty to file evidence. The same has not been filed, hence on 29.01.2025 Id. Counsel for the applicant bank was heard and the case was reserved for orders/judgment and again on 29.01.2025 the defendants were given an opportunity to file the written notes of arguments but the same has not been filed.

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Record shows that after reserving the case for pronouncement of order/judgment, on 13.02.2025an IA No. 88 of 2025 was filed on behalf of the defendants to condone the delay in filing the written statement and upon

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\4\ ,„i;;I OF„. DobbRecpTm Tribunal

OA 661 of20221J1

DRT, PATNA

request of the defendants. the case was again listed on 21.04.2025 for hearing and the case was further adjourned. Record further shows that vide order dated 07.07.2025, said IA No. 88 of 2025 was dismissed as none was present for the defendants to press this IA. Hence again the case was finally heard on 23.12.2025 and reserved for pronouncement of order/judgment.

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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 Sudhanwa Mishra, Chief Manager of the applicant bank. The details of documents are as follows:

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Description Documents PhotocoDies	Date of Execution	Amount (in	Signature Executants
Loan aDDlication	17.10.2017	=3i	Defendants
Sanction letter	19.12.2017	33.50	Bank accepted defendants
DPNote	19.12.2017	33.50	Defendants
Hypothecationcum' loan :ment	19.12.2017	33.50	Defendants
Acknowledgement ofdebtand securi	18.12.2020		Defendants
MCLR Agreement	19.12.2017		Defendants
RecallnotiTe Demand notice Legalnotice	22.04.2021 28.05.2021		Bank
Statementofaccount

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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 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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ca,,

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Presiding Oyicet %bB Recovery Tribunal PATNA

DRT1 PATN A

OA 661 of2022jJl

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.

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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 31.03.2021, whereas the present application has been filed on 09.12.2022. 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 Sudhanwa Mishra, 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.

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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

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PenlrBa8 OfFIcer Babt8 Recovery Tdbunu PATNA

OA 661 of2022jJI

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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 correct 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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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 17.11.2022 has been proved to be Rs.35,37,565.89 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 defendants jointly and severally of Rs.35,37,565.89 along with pendente-lite and future interest @10% p.a. simple from 09.12.2022 (The date of filing of this OA) till realization. So the final order may be passed accordingly, to meet the ends of Justrce.

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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.35,37,565.89 along with pendente-lite and future interest @ 10% p.a. simple

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Y/71\

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Presiding Omcet Debts Recovery Triburw PATNA

OA 661 of20221JI

DRT, PATNA

from 09.12.2022 (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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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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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 Certificate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted. 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 09.03.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 27th day of January, 2026.

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Dictated &corrected by me

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r+,”’ ''“„/? I \A [KaushalendraYadav] Presiding Officer Debti Recovery Tribunal, Patna rtedaa! Ofte'1 Debts Recovery TrIbal& PATNA

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EQRWNh9 [See Regulation 24( 1 )]

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor1 (A. B & F Wing) Karpurj Thakur Sadan, Kendriya Karamchari Parisar (GPOA)9 Ashiana Digha Road Patna-8CX)025'

(.-a 9l3 ®b

SE OF THE R

B£NgJ2ZZ926 IN

Case No: OA/661/2022

In the Matter of:

(CH- 1) BANK OF ntDLA PAINA C AND P BRANCH, RAGHUBIR PRABH A PALACE, BORING ROAD, PATNA ,BIHAR -0

Applicant(s)

––– Versus –-–--

(CD- 1) MRS. AMRITA PRITAM .

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C/o N.K Singh, Ranjan Path, Gold Road, Danapur, Patna- 801503, having Oro Dental Care Centre, at East Boring Canal Road, Kamta Singh Lane, Patna ,BIHAR -80000 1 Defendant(s)

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(CD- 2) MR. ASHurosH TRIVEDI C/0 ORO DENTAL CARE CEIURE, EAST BORING CANAL ROAD, KAMTA SINGH LANE, PATNA- 800001 (BORROWER)

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R$gQvery CertiOgate hr R$ 35375$ 5,$9 1_Bgpw$ Thirty Five L4kh s Thirty StveII ThQus#nds Five Hgodr€d Sixty Five Agd False Ejghty Nine QnjyJ

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In terms of final order dated 27/01/2026 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. 3537565.89 along with cost, expenses and interest from the 09/12/2022 i.e. date of filing / with effective date of the OA/661/2022 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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-r.noiCDName	Loan Type	Int. Int+ iIType/ModeIRate	IEffective ! Date	Order Date	I t Ot:i e) 10	1 1[d W i I i ty	as0 trder	RC gAmount(Rs.)
		imF>le Yearly )	l09/12/2022	127/01/2026	l3537565.89			i537565.89
		imple Yearly )	2/2022	127/01/2.	537565.89	0 lly	IAs on	b537565.89

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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 .

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Parties are directed to appear before MANOJ KUMAR , Recovery Officer, DEBTS RECOVERY TIUBUNAL PATNA on 09/03/2026

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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 06/02/2026

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<!)? RegYstrar Debts Recovery Tribunal Patn8

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DEBTSMcowJ}R££GAtUg:

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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

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

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 79/2026

Case No: OA/661/2022

Applicant(s): BANK OF INDIA

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Versus

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Defendant(s): MRS. AMRITA PRITAM

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Item ofCosts	iIAmount
)
r
dvocateFees
iRii;IT;Re
e
TotalCosts: Rs

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Place: PATNA

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Date: 06/02/2026

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Note: Strike out whichever is not applicable

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PRESIDIN&OfFICER DEBTS RECOVERY TRIBUNAL PATNA

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PresllHag Omen Debts RecoverY Tdbuna’ PATN A

Bank of India v. Mrs. Amrita Pritam

Case brief

What is this about?

What did the court decide?

Bank of India v. Mrs. Amrita Pritam

Case brief

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What did the court decide?

What the court decided

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