5.
The loan accounts became irregular and were classified as NPA |
| and after adjusting debit and credit entries in loan accounts, there was |
| a debit of Rs.40,38,560.51 (Rupees Forty Lac Thirty Eight Thousand Five |
| Hundred Sixty and Paise Fifty One Only), which is recoverable and the |
| defendants were served recall notices but they did not repay the |
outstanding amount, therefore, the applicant requested to accept the
application and to issue Recovery Certificate accordingly. |
6.
The defendants were served summons to appear before this |
Tribunal but no one appeared on behalf of defendants and they were
proceeded ex-parte vide order dated 06.08.2026. |
7.
In support of the OA, affidavit of Sh. Avinash Shahi,Senior |
| Manager, Bank of Baroda,has been filed. |
8.
Heard ex-parte arguments and perused record. |
9.
It was argued by learned counsel, through video conferencing, for
applicant that in view of the documentary evidence brought on record
which had gone unrebutted, the applicant had proved its case.
From the perusal of all theAnnexures A1 to A26to this OA, it |
| is proved that the Defendant no. 1, through its proprietor defendant no. |
2, approached applicant for availing of the loan facilities, which were
granted to them. Defendants had executed all the relevant documents
in favour of the applicant. The defendants failed to pay back the loans |
| as per terms and conditions of the agreement between the parties. |
| Subsequently, both the accounts of the defendants were classified as |
| NPA. From the documentary evidence brought on record, it is proved |
| that applicant is entitled to recover a sum of Rs.40,38,560.51 (Rupees |
| Forty Lac Thirty Eight Thousand Five Hundred Sixty and Paise Fifty One |
| Only), along with interest from the defendants, jointly and severally, |
from the date of filing of the present Original Application till realization
of the amount. |
10.
In so far as pendent elite and future rate of interest is concerned, |
| the applicant has claimed interest @11.00%p.a. plus penal interest |
@2.00% p.a. with monthly rests from 07.05.2026 till the realization.
The Tribunal is of the considered opinion that sometimes in |
| appropriate cases the prerogative of mercy is the brightest jewel in the |
| crown of the Judge. Keeping in view the facts and circumstances of the |
