BEFORE THE LEARNED CIVIL JUDGE, SENIOR DIVISION

AT PURBA BARDHAMAN, WEST BENGAL

MONEY SUIT NO. OF 2023

IDBI Bank Ltd, A company

incorporated and registered under the
Companies Act 1956, and a Banking
company within the meaning of
section 5(c) under Banking Regulation
Act, 1949, and having Registered
Office @ Mumbai, including one
Branch Office @ Bardhaman, SIMS
House, Ground Floor, 115 G.T. Road,
Parbirhata, opposite SBI, District:
Purba Bardhaman, Pin Code- 713103,
West Bengal through its Deputy
General Manager and Branch Head
Mr. Debarshi Roy Chowdhury S/o.
Dipak Roy Chowdhury, Age: 44 years,
Occupation: Service (Deputy General
Manager and Branch Head) IDBI Bank
Ltd.

…Plaintiff

-Versus-

Sk Kamaruzzman, R/o, Village:

Kaluttak, Tahsil: Bhatar, District:
Burdwan, State: West Bengal, Pin 713
520.

....Defendant
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SUIT FOR RECOVERY OF Rs 3,36,715.82/- AS ON 30/06/2021

SUIT VALUED AT Rs.3,36,715.82/-

The plaintiff named above most respectfully:-

SHEWETH:

1. That, IDBI Bank Ltd, is a company incorporated and registered under the

Companies Act 1956, and a Banking company within the meaning of

section 5(c) under Banking Regulation Act, 1949, and having registered

office @ Mumbai, inter alia its’ branch Office @ Bardhaman, SIMS House,

Ground Floor, 115 G.T. Road, Parbirhata, opposite SBI, District. Purba

Bardhaman, Pin Code- 713103, West Bengal, deals in Banking.

2. That, the defendant approached the plaintiff-bank for obtaining CKCC

(Crop Loan) for the agricultural purpose and accordingly submitted the

loan application dated 11/02/2016 with the plaintiff. A copy of the said

loan application form dated 11/02/2016 is annexed herewith and marked

as “ANNEXURE-A”.

3. That, while considering the request for credit facility/loan under the

scheme of cash credit, the plaintiff-bank after perusal and verification of all

the required documents sanctioned the credit facilities of the tune of Rs.

3,00,000/-(Rupees Three Lakh Only) in the form of Kisan Credit

Card/Cash Crop Credit Loan vide a Sanction Letter.

A copy of the said sanction letter dated 11/02/2016 is annexed herewith

and marked as “ANNEXURE-B”.

4. That, the terms of the sanction were duly accepted by the defendant and

therefore the financial facilities were disbursed to the tune of Rs.

3,00,000/-(Rupees Three Lakh Only).

5. That, for the purpose of availing the said loan, the said defendant executed

various documents necessary for extending the said loan facilities.

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FOR FINANCIAL ASSISTANCE OF RS. 3,00,000/- IN THE FORM OF

KCC LOAN

Name of Date Amount Annexure

Document
Hypothecation 11/02/2016 Rs.3,00,000/- “C”
cum loan
agreement
Demand 11/02/2016 Rs.3,00,000/- “D”
Promissory Note
Letter of 11/02/2016 Rs.3,00,000/- “E”
Authority

6. That, the aforesaid financial assistance is secured by Hypothecation Cum

Loan Agreement and the following Agricultural Land is mortgaged with the

plaintiff bank being “All that piece and parcel of Agricultural Land bearing

Village: Kaluttak, Khatian No 4590, 1266/1, J.L No. 38,38, land holding

2.92 acres”, as and according to the Title Deed (Deed of Conveyance).

The plaintiff craves leave from this Hon’ble Court to refer and rely upon the

deed of conveyance as and when necessary.

7. That the defendant further approached the plaintiff-bank for renewal of the

CKCC (Crop Loan) for agricultural purpose and accordingly submitted the

loan application with the plaintiff. A copy of the said loan renewal

application form dated 09/02/2017 is annexed herewith and marked as

“ANNEXURE F”.

8. That, for the purpose of renewing the said loan, the said defendant

executed various documents necessary for extending the said loan

facilities. The plaintiff craves leave of this Hon’ble Court to refer and rely

upon the said documents as and when necessary.

9. That, thereafter, due to the Covid-19 Pandemic, the plaintiff bank as per

the guidelines of Resolution framework 2.0 vide circulars passed by the

Reserve Bank of India in 2020, restructured the loan account and granted
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a Funded Interest Term Loan to the defendant to the tune of Rs.31,203/-

(Rupees Thirty-One Thousand Two Hundred and Three Only).

10. That, the said defendant availed and utilized the said credit facilities/loans

but did not repay the loan as agreed in regular manner. The outstanding

amount against the loan accounts were increasing day by day. The

defendant was reminded on several occasions; however, the defendant

failed to regularize the same.

11. Thereafter, the plaintiff bank issued a loan recall notice dated 07/09/2021

to the defendant. However, the defendant had chosen not to reply to the

said loan recall notice.

The plaintiff craves leave to refer and rely upon the loan recall notice dated

07/09/2021 as and when necessary.

12. The defendant agreed to pay interest on the aforesaid advance as

stipulated by the bank. The rate of interest was subject to modification

depending upon the bank advance rate that may prevail from time to time.

As per agreement, the borrowers were liable to pay the interest as

mentioned above in their respective cases with monthly rest. If the amount

of interest is not paid at the end of months, the same is liable to be added

to the principal and entire amount thereafter becomes principal for further

period. As such the defendant is liable to pay the outstanding amount in

Crop Cash Credit account @BBR -2.75% (9.75% - 2.75% = 7.00%) at the

time of granting the loan per annum compounded quarterly/half

yearly/yearly for value received. The plaintiff is entitled for the interest at

contractual rate.

13. The R.B.I. has laid down a policy in respect of income recognition, assets

classification norms. In view of this policy an interest income should not be

recognized until it is realized. A non-performing asset is one when

interest/installment is due for 90 days or more. In respect of non-

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performing asset interest is not recognized on accrual basis and is to be

treated as income only when it is actually received. The loan amount

increases the liability for interest, but it is not applied in the books of

account, though the party continues to be liable for the interest in the loan

account.

14. The defendant executed above said security documents and agreed to the

terms and condition of the financial facilities.

15. In spite of repeatedly being reminded, defendant was not operating the said

loan account with the plaintiff bank satisfactory. That, the defendant in

spite of their assurance of regularizing the loan account failed to do so.

16. That, the copy of entries in the bank books of accounts, which have been

maintained in the usual and ordinary course of the business in the form of

certified copies are placed on record. These copies have been duly certified

under section 2 (8) of the Banker Books Evidence Act 1891, under section

4 of the said act and these certified copies shall be received as prima facie

evidence of the matters, transactions and accounts. The certified copies of

the said loan account statement is annexed hereto and marked as

“ANNEXURE-G”.

17. That the plaintiff/bank has filed the suit for recovery Rs.3,36,715.82/-

(Rupees Three Lakh Thirty Six Thousand Seven Hundred Fifteen and

Paise Eighty Two Only) AS ON 30/06/2021, plus future interest and

interest accrued but not applied the details of whereof as follows:

S.N. PARTICULARS AMOUNT (Rs)

1. Balance outstanding (as per extract of 3,36,715.82

account certified under Bankers Books
Evidence Act, 1891) in KCC Loan
Account No. 0259651100005234 as on
30/06/2021 plus future interest on and
from 01/07/2021

TOTAL 3,36,715.82/-
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Penal interest has been charged but not claimed.

18. That the plaintiff is a Private Sector Bank and the money sought to be

recovered is the public money. As such the misuse of the asset by the

defendant and mis-application of the public money cannot be allowed. It is

therefore necessary that this Learned Court in the interest of safeguarding

public money, order the defendant to return the money that has been

borrowed by him from the plaintiff bank.

19. That, the plaintiff declares that the suit is within the limitation period. The

cause of action lastly arose on 07/09/2021 when the Loan Recall Notice

was sent to the defendant and the cause of action arose at IDBI Bank Ltd,

at its then branch office known as Bardhaman Branch, M V Apartment, 1 st

Floor, 35 GT Road, District. Purba Bardhaman, Pin Code- 713103, West

Bengal currently having its branch office at SIMS House, Ground Floor,

115 G.T. Road, Parbirhata, opposite SBI, District, Purba Bardhaman, Pin

Code 713103, West Bengal (also within the jurisdiction of this Hon’ble

Court,) within the local limits of this Hon’ble Court, where the plaintiff

bank carries on business and the same is continuing.

20. The cause of action for the suit arose on several dates, and first arose

when the defendants executed the loan documents. The defendants availed

and utilized the said credit facilities/loan but did not repay the loans as

agreed in regular manner and finally the loan account was classified as

Non-Performing Asset on 24/07/2021. Further, for the purpose of

jurisdiction and court fees, the instant suit is valued Rs.3,36,715.82/-

(Rupees Three Lakh Thirty Six Thousand Seven Hundred Fifteen and

Paise Eighty Two Only) AS ON 30/06/2021 and the court fees are to be

paid accordingly.
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In view of the facts mentioned above the plaintiff prays for the relief as

under:-

A) That an order be passed for respective sums totalling to

Rs.3,36,715.82/- (Rupees Three Lakh Thirty-Six Thousand Seven

Hundred Fifteen and Paise Eighty Two Only) AS ON 30/06/2021

together with further interest and cost thereon with future compound

interest @ 14% with monthly interest with such modified rates as may be

prevailing from time to time against the defendant jointly and severally.

B) The movable and immovable properties and other security

charged/mortgaged in favour of the plaintiff to secure the payments of

claim be allowed to be sold/released towards the realization of respective

claim amounts (as indicated above) without prejudice to the plaintiff’s

right to dispose of such properties or release such securities without

intervention of the Learned Court by public auction or by private treaty

or otherwise during the pendency of the application.

C) The cost of the application along with expenses such as typing,

photocopying, etc. be granted.

D) Restrain the defendant permanently from transferring, encumbering or

any way dealing or entering into any agreement or any arrangement

which effects the plaintiff in any manner whatsoever or disposing or

charging the hypothecated properties and all other properties owned by

the defendant which include the movable and immovable whether

charged or not charged to the bank and ad-interim relief to that effect be

granted during pendency of this suit.

E) The defendant and their agents and anybody claiming through or under

them directly or indirectly be restrained from opening and/or continuing

if already opened any banking account in any form with or without the

loan or credit/financial facilities without the prior written permission of

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the bank in accordance with the R.B.I directives during pendency of this

suit.

F) Any other relief as may be deemed fit by the Learned Court under the

facts and circumstances of the case may also be granted.

G) Costs

The petitioner as is duty bound shall forever pray.

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AFFIDAVIT

I, Debarshi Roy Chowdhury S/o. Dipak Roy Chowdhury, Age 44 years

Occupation Service, working for gain as and at Deputy General Manager &

Branch Head @ IDBI Bank Ltd Bardhaman, SIMS House, Ground Floor, 115

G.T. Road, Parbirhata, opposite SBI, District. Purba Bardhaman, Pin Code-

713103, West Bengal as an authorized signatory of the plaintiff do hereby take

oath and state on solemn affirmation that the contents of above Paragraph no.

_______ to ________ are based on the information received by me from the office

records which is maintained in the usual course of business and same is

believed to be true and correct. Hence verified and signed at Burdwan on this

____ day of , 2023.

DEPONENT

Identified by me on the _____th day of , 2023.

ADVOCATE

PLACE:

DATE: