w w w . L a w y e r S e r v i c e s . i n



Allahabad Bank V/S Dobhi Agro Industries and Others.


Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R K B AGRO INDUSTRIES LIMITED [Active] CIN = L17100KA1979PLC003492

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- J R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15342UP1982PTC005792

Company & Directors' Information:- B M AGRO INDUSTRIES LIMITED [Active] CIN = U74899DL1992PLC049988

Company & Directors' Information:- R S AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15319DL1998PTC097025

Company & Directors' Information:- S N T AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U01122DL1997PTC086925

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- D D AGRO INDUSTRIES LIMITED [Active] CIN = U24219PB1999PLC022487

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- S S D AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100MH1998PTC113744

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- S. A. B. INDIA AGRO INDUSTRIES LIMITED [Active] CIN = U01403UP2009PLC038365

Company & Directors' Information:- DOBHI AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U63022BR2012PTC018614

Company & Directors' Information:- U K AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15114UP2003PTC028107

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- R. K. AGRO INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U15410WB2012PTC180269

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- R J AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15311KA2005PTC035485

Company & Directors' Information:- S O I AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U15310GJ2010PTC059966

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- S I P AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01403WB2012PLC188362

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- S. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15490PN2013PTC146574

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J J AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15130MH1980PTC023302

Company & Directors' Information:- A R AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050526

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- G S AGRO INDUSTRIES PVT LTD [Active] CIN = U01132WB1990PTC049960

Company & Directors' Information:- D V AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC051892

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- P AND G AGRO INDUSTRIES P LTD [Strike Off] CIN = U99999UP1985PTC007509

Company & Directors' Information:- R. K. G. S. AGRO INDUSTRIES PRIVATE LIMITED [Active] CIN = U15100UP2017PTC097391

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- V G AGRO INDUSTRIES LIMITED [Strike Off] CIN = U01400DL1993PLC051666

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- T S AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U15209UP1987PTC008974

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- B AND P AGRO INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U01110MH1972PTC015574

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- P V R K AGRO INDUSTRIES PVT LTD [Strike Off] CIN = U01119AP1988PTC008395

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- K R P AGRO INDUSTRIES PVT LTD [Active] CIN = U01110MH1991PTC062304

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

    OA Case No. 505 of 2019

    Decided On, 02 January 2020

    At, Debts Recovery Tribunal Patna

    By, THE HONORABLE JUSTICE: R.M. KUSHAWAHA
    By, (PRESIDING OFFICER)

    For Petitioner: Sachindra Kumar Tiwari, Advocate



Judgment Text

1. 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 10.7.2019, against the defendants to recover its debts from defendants of Rs. 5,27,66,187/- upto 1.7.2019 alongwith pendente lite and future interest at the contractual rate from 2.7.2019 with costs till realization.

2. The application has been duly registered and numbered as above.

3. The brief facts of the case of the applicant bank as stated in the application are as under-

The applicant bank is a body constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act 1980 having its Head Office At-2, Netaji Subhash Road, Kolkata-700001 and amongst other Branch Office, SAM Branch, District-Patna, Bihar.
The defendant no. 1, is a partnership firm incorporated on 24.6.2015 registered under the Partnership Act, herein after, called to as defendant no. 1, having its registered office at Chand Choura, Chouraha, Branch, Gaya-823001 Bihar, duly represented by its partners.

The defendant no. 1 is partnership firm and defendant no. 3 & 4 are partners as well as guarantors and also executed personal guarantee, it is submitted that defendant no. 2 is also partnership firm and defendant no. 3 & 4 are partners as well as guarantors and also executed personal guarantee.

The defendants no. 1 to 3 passed resolution dated 14.8.2015 were authorized to honour all cheque drafts signed drawn, accepted or made on behalf of the company jointly.

The defendant no. 1, through its partners approached the applicant bank for financial assistance, vide application for term loan of Rs. 300 lacs and cash credit limit of Rs. 100 lacs for the purpose of establishment of multipurpose cold storage unit for preservation of seed, potato, and other agriculture and horticulture product and agri. input Center in the name of M/s. Dobhi Agro Industries Pvt. Ltd., business.

The applicant bank considered the loan application of defendant no. 3 & 4, on the behalf of defendant no. 1, and sanctioned as term loan of Rs. 300 lacs and cash credit of Rs. 100 lacs on terms and conditions vide sanction letter dated 7.9.2015.

The defendants executed the various loan documents in favour of the bank i.e. term loan agreement, ADV-24 and DP note.

As per agreed terms and conditions the term loan repaid in 6 yearly installments of Rs. 50 lacs after a construction period and moratorium period of 6 months. The first installments shall fall due on December 2016 and last on December 2021 and rate of interest BR+ 2.50% with monthly rest i.e. @9.95% and cash credit repayment on demand and the interest at the rate of BR + 2.50% with monthly rests i.e. BR is @9.95%.

The defendant no. 1 also collateral security by created equitable mortgage of land by depositing the sale deed no. 6703 dated 13.6.2009, in the name of Nawal Kishore Sinha, situated at Main Road other location kolara Hospital Chand Choura to Punjabi Dharmsala Road Ward no. (old)8, New-24, Hal -41, Holding no. ' 192 (Old), New 201 Presently 277/280, New Plot no. 18937, Survey Plot no. 31, Area 1136.10 Varg fit (2.60 decimal). Measurement North to South 32 fit 3 inch, East to West-35 fit 3 Inch.

Bounded as:- North-Sadak Sarkari, South-Smt. Tara Devi, East-Gali, West-Smt. Bharti Mohan Sinha.

Again the defendant no. 1 through its partner no. 4, approached the applicant bank for financial assistance, vide application dated 17.12.2015 for additional term loan of Rs. 60 lacs in addition to term loan of Rs. 300 lacs and working capital facilities of Rs. 100 lacs sanction on 7.9.2015 for the purpose of purchase of additional Machinery for multipurpose cold storage of 2000 MT in the name of M/s. Dobhi Agro Industries, Business.

The applicant bank, considered the loan application of defendant no. 4, on the behalf of defendant no. 1 and sanctioned as additional term loan of Rs. 60 lacs in addition to (exiting) term loan of Rs. 300 lacs and working capital facilities of Rs. 100 lacs sanction on 7.9.2015, on terms and conditions vide sanction letter dated 17.12.2015 acknowledgement of sanction letter dated 23.12.2015.

The defendants, executed the various loan documents in favour of the bank i.e. term loan agreement, hypothecation agreement, ADV-30, ADV-24 and DP note. The defendant no. 3 & 4 have execute the agreement of guarantee.

As per agreed terms and conditions the term loan repaid in 6 yearly installment of Rs. 54.51 lacs after a construction period and moratorium period of 16 months the first installments shall fall due on December 2016 and lacs on December 2021 Door to Door tenure.

As per agreed terms and conditions the cash credit loan was repayable within one year and term loan within 5 years. The interest at the rate of 2% p.a. at over the Allahabad Bank base rate + 2%.

The defendants further executed extension of charge of mortgage on by deposit title deed, the defendants created further mortgage on the properties for which the title deeds were deposited, the fact of creation of further mortgage is also confirmed by defendants, the details of creation mortgaged security are already mentioned in para no. viii. Letter of mortgage controlling deposit of title deeds for borrower on 23.12.2015 to secure the credit facilities availed by defendant no. 1. And further created equitable mortgage by depositing of title deed by deposit title deeds, vide letter of mortgage controlling deposit of title deeds for borrower i.e. in the name of Dobhi Agro Industries Registered office, Chand Choura, Gaya Pin code 823001, Bihar, Measuring an area 74, Decimal mortgaged property situated at Gram Kushabija, Thana Dobhi, District-Gaya, Thana no. 812, East of Gurudwara sub division and Registry Sherghati. Khata no. 441, old 42, plot no. 2284 old 381 butted and bounded as:-north Umesh Keshan, South-Umesh Keshan, East-Umesh Keshan, West-Road.

Again the defendant no. 1, through its partners, approached the applicant bank for review cum renewed and capitalization of interest up to March 2017 for renewed of term loan 1 of Rs. 300 lacs at present O/S, term loan II of Rs. 60 lacs at present O/s, and cash credit of Rs. 100 lacs at present o/s business. The applicant bank considered the loan application of defendant no. 3 & 4 on the behalf of defendant no. 1 and sanctioned/review cum renewed and capitalization of interest up to march 2017 of sanction letter dated 28.7.2016. The defendants executed the advance against hypothecation of goods and book debts to partnership firms and defendant no. 3 & 4 have executed the agreement of guarantee.

As per agreed terms and conditions the term loan repaid in 6 yearly installment of Rs. 54.51 lacs after a construction period and moratorium period of months. The first installments shall fall due on Dec 2016 and last on Dec 2021 door to door tenure is 77 months.

As per agreed terms and conditions the cash credit loan was repayable within one year and term loan within 5 years. The interest at the rate of 2% p.a. at over the Allahabad bank Base rate + 2%.

The defendants, created further mortgage on the properties for which the title deeds were deposited, the fact of creation of further mortgage is also confirmed by defendants, the details of creation mortgaged security.

The defendants however failed and neglected to repay the amounts due under the facility, inspite of the applicant's repeated requests and demands. The defendants failed to comply the terms and conditions of sanctioned of credit facility. The account of the defendants was classified as NPA on 28.7.2016.

The applicant bank invoked the provisions of SARFAESI Act and issued a 60 days notice u/s. 13(2) of SARFAESI Act to the borrower as an additional steps calling upon them to discharge the Bank's dues as mentioned in the notice in full within 60 days as per the provisions of the act. In case of failure the bank's reserves its right to exercise all or any of the rights detailed under sub section 4 section 13 and under other applicable provisions of the act. After the service of the notice the defendants are directed not to transfer by sale, lease, or otherwise the secured assets described in the notice without obtaining written consent to the bank.

The total outstanding as on 1.7.2019 is Rs. 5,27,66,187/- along with pendente lite and future interest at the contractual rate of interest from 2.7.2019 till realization of dues.

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.

Since, the defendants have failed and neglected in spite of several reminders to make payment of the dues recoverable to bank, hence this application has been filed by the bank.

4. U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules, 1993, copies of application & paper book were sent by this Tribunal to the defendants by registered/speed post on 9.8.2019 and summons/notices issued requiring the defendants to show-cause within 30 days of the service of summons/notices as to why relief prayed for, should not be granted.

On perusal of the case records, it is seen that on 9.8.2019, summons/notices were sent to the defendants, 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 advertisement in newspaper was also made against the defendants on 27.9.2019 in "Dainik Bhaskar", newspaper.

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 4.12.2019.

5. To prove its case, the applicant Bank has referred various documents before this Tribunal on 15.7.2019. The applicant bank has also given evidence on affidavit on 15.7.2019 by way of affidavit of Shri Binod Kumar Jha, Chief Manager of the applicant, bank. The details of documents are as follows.:-




6. Opportunity of hearing has been fully given to both the parties, but despite several opportunities given to defendants, the defendants have not appeared to contest the case, hence, the ex parte arguments of learned counsel for applicant bank were heard. Perused the case record and considered.

Ld. counsel of applicant bank submitted that the defendants have taken the loans and utilized the same and also executed the various loan documents to secure the loans. Further, submitted that the claim of the bank has been proved by evidence. Ld. Counsel for the applicant bank has further submitted that the defendants have not deposited any amount, after filing of the OA.

It is further submitted by Ld. Counsel of applicant bank that there is no any 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.

7. 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. 10 lacs. The applicant bank is functioning within jurisdiction of this tribunal. Therefore, this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application.

8. On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 28.7.2016, whereas the present application has been filed on 10.7.2019. 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 present application has been filed well within the period of limitation.

9. In the affidavit of Shri Binod Kumar Jha, Chief Manager of the applicant bank, has stated that he is well acquainted with the facts of the case and has on verification of record, sworn in the affidavit in support of contents of application and the documents as evidence and established on oath the pleadings and documents of the applicant bank as stated above.

The documents as stated above reveal that the defendants have applied for loans and the bank had sanctioned the loans and to secure the loans and for repayment of loan amount with interests etc., the defendants have executed various loan documents, which strength the case of the applicant bank.

The applicant bank has also furnished statement of account as above, which is not only admissible but shall be taken as correct statement of account, more so since the entries in the statement of account has not been challenged.

10. Since, the defendants were proceeded ex parte, all contentions raised and documents produced by plaintiff remained unrebutted and the tribunal may act upon the affidavit of the applicant as per law. 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, which is kept in due course of business, evidence on affidavit, which has supported the claim of the applicant bank, established to have fully correct and believable. Provisions contained in Section 4 of the Banker's Books Evidence Act, 1891 apply to certified copies of entries in banker's book furnished along with the application filed under section 19[1] of the Act. Hence, the entries in the Statement of Account are also proved.

11. On consideration of the arguments and on perusal of the application, documents and affidavit, it is proved that the applicant bank has granted the loan facilities, documents were executed by the defendants and facilities were availed by the defendants as stated in the application.

12. Now, whether interest has been charged as per agreement and as per R.B.I. Guidelines

13. The applicant bank has sought for recovery of a sum of Rs. 5,27,66,187/- with cost and further interest at the contractual rate from 2.7.2019 till realization.

As per the submission of the Ld. Counsel of applicant bank that the applicant bank has received Rs. 72,22,100/- from the defendants through SARFAESI Actions and after filing of the OA and after deducting this amount, the claim amount now remains (Rs. 5,27,66,187.00 -Rs. 72,22,100.00) = Rs. 4,55,44,087/- and bank is entitled for issuance on recovery certificate for this amount.

14. Learned Advocate appearing for applicant bank submits that the applicant bank has charged interest in terms of the agreements and that 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.

15. On consideration of the arguments and on perusal of the pleadings, documents and affidavit, it is proved that the applicant has charged interest against defendants in terms of documents and as per directives of RBI, but keeping the facts and circumstances of the case in mind, the defendants deserve some leniency in the rate of interest.

16. None of the defendants appeared before the tribunal to contest the claim made by the applicant, therefore, it necessarily goes to establish that the claim made by the applicant bank is genuine and true. It is manifest that the defendants have not disputed the claim, therefore, the claim referred to the tribunal is recoverable till full and final realization of the claim.

17. In Indian Bank Vs. Blue Jaggers Estates Limited and others : [2010] 8 SCC 129, the Hon'ble Supreme Court of India has observed as under-

"The Court cannot lose sight of the fact that the bank is a trustee of public fund. It cannot compromise the public interest for benefiting private individuals. Those who take loan and avail financial facilities from the bank are duty bound to repay the amount strictly in accordance with the terms of the contract. Any lapse in such matters has to be viewed seriously and the bank is not only entitled but duty bound to recover the amount by adopting all legally permissible methods. Parliament enacted the act because it was found that legal mechanism available till then was wholly insufficient for recovery of the outstanding dues of the banks and Financial Institutions."
18. Facts of the case, in my view, are well proved by evidence of the applican

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t bank. The applicant bank is entitled to receive from defendants, jointly and severally of Rs. 4,55,44,087/- alongwith pendente lite and future interest @10% p.a. simple from 2.7.2019 till realization. So the final order may be passed accordingly, to meet the ends of justice. ORDER In the result, the application of the applicant bank is, allowed ex parte and debt is determined with costs against the defendants and it is, hereby, ordered that the applicant bank is entitled to receive from defendants, jointly and severally, it's debts with interest, amounting to Rs. 4,55,44,087/- alongwith pendente lite and future interest @10% p.a. simple from 2.7.2019 till realization of the entire sum due and recoverable with costs. It is made clear that any amount deposited by the defendants, be deducted in the claim amount, if not deducted. 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. 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. Parties are directed to appear before the Recovery Officer, DRT, Patna on 08-2-2020. The order be communicated accordingly. Judgment signed, sealed, dated and pronounced in the open court on this 2nd Day of January, 2020. Dictated & Corrected by me.
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