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In The Debt Recovery Tribunal, Patna
In The Debt Recovery Tribunal, Patna
In The Debt Recovery Tribunal, Patna
And
In the matter of
State bank of India having its head office situated at corporation centre Madame Coma P.O
Box No - 12, Mumbai 400012. Local head office situated at west Gandhi Maidan Patna and
among various branches spread across the globe one is known as State Bank of India stressed
Assets Recovery Branch SARB, 2nd floor, Main Building, West Gandhi Maidan Patna 80001,
through its chief manager and its competent to file this application as per Rule no 76 and 77
of the State Bank of India, general regulation number 1955
..Applicant
Versus
I) Manoranjan Kumar S/O of Ram Jatan Singh, Main road near P.N.B Mokama,
Mokama Patna. 803302,
Local address Moldiyartola, PipalTar, Cheddutola, Mokama Patna PIN 803302
...Defendant
applicant aforesaid.
400021, local head office at situated west of Gandhi Maidan, Patna and various branches
spread over the Globe including one of its branch known and named as State Bank of
India, Stressed Assets Management / Recovery Branch,5 th Floor, Zonal Office Building,
State Bank of India Stressed Assets Management / Recovery Branch, 5 th Floor, Zonal
Office Building, J.C Road, Patna- 800001.
OR
In case of urgency notice Sanjesh Prasad, Advocate, Plot no. 73, Road no. 03, Friends
Moldiyartola, PipalTar,
Cheddutola, Mokama
Patna PIN 803302
3. Jurisdiction of the Tribunal:-
The applicant declares that the subject matter the Recovery of the Debt Due falls within
the jurisdiction of this learned Tribunal as the amount due and payable by the
defendants falls under the pecuniary jurisdiction of this tribunal besides the fact that the
this tribunal. Apart from that the agreement for loan was entered into and the loan was
disbursed within the Territorial jurisdiction of this tribunal upon mortgaging the
4. Limitation:-
The applicant Bank further declares that the present application is being filed well
within the period of limitation as prescribed under Section 24 of the Recovery of Debts
That the defendant executed the relevant documents for securing loan under CGTMSE
cover in favor of himself on the terms and conditions enumerated in the Letter of
acknowledgment the debt in writing has admitted his liability to repay the outstanding
balance in his loan account. The application is being preferred within three calendar
I. State Bank of India Act 1955, having its head office situated at: Corporate
Centre, Madame Cama Road, Post Box No. 12. Mumbai- 400021; local head office situated at
west of Gandhi Maidan, Patna and various branches spread over the globe. Amongst them one
is known as State Bank of India, Stressed Assets Management /Recovery Branch (SARB), 2nd
Floor, Main Building, West Gandhi Maidan, Patna- 800001, through its Chief Manager is
competent to file this application as per Rule 76 & 77 of the State Bank of India General
Regulations, 1955.
II. That The applicant State Bank of India, Stressed Assets Recovery Branch
(SARB), 2nd Floor, Main Building, West Gandhi Maidan, Patna- 800001, dealing with
the matter of the Recovery of the stressed assets of the applicant as per internal
III. That the applicant carried and carries the business of Banking.
approached State Bank of India, Aunta Branch, for financial assistance in the shape of
Cash Credit for the of purchase Tata Truck and submitted the application to the Branch
Annexure -1
IV. That the Bank upon receipt of the application considered the same and agreed
for the sanction of the Cash Credit & Term Loan Facility of Rs. 20lac respectively on
V. That the defendant also executed the necessary loan documents required under
the rules and norms of the bank providing the financial assistance, details of these
Hypothecation
C PDR Agreement 07.12.2013 20 lakhs Borrower 4
A photo copy of the document
VI. That the defendant in order to avail Cash Credit and Term Loan Facility respectively
agreed to pay interest@ 3.6% above the base rate of 10%. Hence the effective rate of 13.6%
calculated on daily balance of the loan amount at monthly interest provided that the bank shall
at any time and from time to time be entitled to vary the margin and the base rate at its
discretion and the borrower shall pay effective rate of interest. This loan has been sanctioned
under CGTMSE.
VII. That upon completion of all related formalities by the defendant, the applicant finally
sanctioned the Cash Credit Term Loan Facility of Rs 20,00,000 for 60 months where 15% of
VIII. That the Cash credit of Rs 20 lac was available for the period of 60 months subject to
3 of annexure A and 9 of
Hypothecation, Schedule A is
Annexure - 2
IX. That due to non-maintenance of Cash Credit Limit fixed by the bank and accepted by
the defendant for 90 consecutive days its and therefore the account was classified as Non-
X. That, thereupon the State Bank of India, Aunta Branch Mokama, Patna, transferred the
entire file related to Cash Credit account to Stressed Assets Recovery Branch (SARB), which
monthly installment from date 28/08.2015 and avoided the repayment despite repeated request
and demands, the advocate to serve legal notice dated ______ by Registered Post calling upon
XII. That the applicant attempted all the possible measures to persuade the defendant to
XIII. That the outstanding dues against the defendant as on ______ have been arrived at Rs
on all deposits
1 33507709620 State Bank April 2014
of India,
Aunta
Branch
Mokama
Patna
Annexure - 4
XIV. That it is stated that the loan has been granted by the bank to the defendant and the
defendant himself shall be held liable in case of any default and shall be liable to pay entire
duties of the bank as claimed along with the pendent elite & future interest.
6. Relief Sought:-
In view of the facts mentioned in paragraph no 10 of this application the applicant Bank prays
a. To pass an order under section 19(20) of the Recovery of Debts Due to Bank and
Financial Instituion Act, 1993 directing the defendant to pay the debt amount Rs
13,59,861 as on 24/06/2016 along with pende lite and future interest at contractual rate
from the date of sanctioning of the loan till date of its entire payment.
b. To pass an order that in default the payment of debt, personal property of the defendants
be attach and sold under the supervision of the Honble Tribunal and net sale proceed be
c. To issue a certificate under section 19(22) of Recovery of Debts Due to Banks and
Financial Institutions Act 1993 for the recovery of sum of Rs 13,59,861 only along with
pendant lite and future interest at contractual rate as stated above till date of its entire
e. Any other relief/reliefs to which the applicant may be entitled in law be also passed.
7. Interim Order:-
Procedure final decision of the application the applicant Bank seeks issue of the following
b. An order of injunction restraining the defendants, his servants, agents or meen from
transferring, disposing, alienating of or encumbering any of the assets till the disposal of
d. An order for declaration of the properties held by defendant, their kiths and kins and
their spouses;
e. An order for impounding the passport of the defendant and their kiths and kins and their
spouses, if they have ?
not pending before any court of law or any other authority or bench of the Tribunal as per the
banks record.
_______ in favor of The Registrar, Debt Recovery Tribunal, Patna payable at Patna.
10. Details of Index:-
An index duplicate containing the details of the documents to be relied upon have been
Verification
India, SAMB, Patna and posted as Chief Manager in the applicant branch of the bank and duly
authorized to verify the contents of this application. The statements made their in are true to my
I, Manoranjan Kumar, aged about 55 years, son of Late. Ram Kanta Bose, C/o State Bank of
India, SARB, Patna, being duly authorized to swear the Affidavit on behalf of the bank and do
1. That I am posted as Assistant General Manager, State Bank of India, SAMB, Patna and
am well conversant with the facts and circumstances of this case.
2. That the contents of this Petition have been read and understood by me which are true
and correct to the best of my information derived from the records of the case and belief.