IN THE DEBT RECOVERY TRIBUNAL, PATNA.

Original Application No. - _____ of 2016.

In the matter of an application under section 19 of the

recovery of Debt Due to Bank and Financial Institution
Act 1993, read with rule 4 of the Debt Recovery
Tribunal Procedure Rule 1993 and notification issued
by the Ministry of Finance Banking Division
Government of India.

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

The humble application on behalf of the

applicant aforesaid.

Most respectfully showeth;

Details of application

1. Particulars of the Applicant:-

A. Name of the Applicant: - State Bank of India.

B. Address of the Head office:-

State Bank of India, Corporate Centre, Madame Cama Road, Post Box No. 12. Mumbai-

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,

J.C Road, Patna- 800001.

C. Address for service of all notices:-

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

Colony, P.O. Ashiana Nagar, Patna-800025.

2. Particulars of the defendants:-

I. Name of the Defendent: Manoranjan Kumar

II. Address of the Defendant: S/O of Ram Jatan Singh

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

defendants have their registered office/residences within the territorial jurisdiction of

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

property situated well within the jurisdiction of this tribunal.

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

Due to Bank and Financial Institution Act, 1993.

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

Arrangement. Moreover, defendant from time to - time besides admission and

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

years from the date of latest documents/letters/balance confirmation/ date of judgment.

5. Facts of the case:-

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

organization which is within the territorial jurisdiction of this learned tribunal

III. That the applicant carried and carries the business of Banking.

IV. That the defendant Manoranjan Kumar, a resident of Mokama, Patna

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

of the Bank on 21.10.2013.

A photo copy of the loan application dated

21.10.2013 is annexed herewith and marked as

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

the terms and conditions agreed to by both the parties.

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

documents are given below:-

Sl No. Description Date Amount Execution Annexure

A Arrangement letter 07.12.2013 20 lakhs Borrower 2
B Agreement of loan cum 07.12.2013 20 lakhs Borrower 3

Hypothecation
C PDR Agreement 07.12.2013 20 lakhs Borrower 4
 A photo copy of the document

dated 21.10.2013 is annexed herewith and

marked as Annexure -2 to 4 respectively.

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

the amount i.e. Rs 3, 54,715 was paid as applicants contribution.

VIII. That the Cash credit of Rs 20 lac was available for the period of 60 months subject to

review after 60 months.

A photo copy of the application Pg-

3 of annexure A and 9 of

Agreement of loan cum

Hypothecation, Schedule A is

annexed herewith and marked as

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-

Performing Assets on 19/09/2015.

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

has the expertise in the process of realization of loan.

XI. That it was noticed that the defendant committed default in payment of EMI (easy

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

the defendant to repay the entire amount.

A photo copy of the legal notice

dated _______ is annexed herewith

and marked as Annexure -3

XII. That the applicant attempted all the possible measures to persuade the defendant to

repay the outstanding amount, but of no avail.

XIII. That the outstanding dues against the defendant as on ______ have been arrived at Rs

______. The details of which are given below

Sl No Account no Bank Date of Due on the Notional Total amount

Sanction date of Interest Up due after

N.P.A i.e. to adjustment of

on all deposits
1 33507709620 State Bank April 2014

of India,

Aunta

Branch

Mokama

Patna

A photo copy of the document is

annexed herewith and marked as

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

for the following relief(s):-

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

appropriate towards the debt mentioned in the aforesaid paragraph.

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

payment to the applicant Bank with the cost of present proceeding.

d. To direct the defendant to declare his assets and liabilities on affidavit.

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

a. An order of appointment of receiver may be passed;

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

the case without prior leave of this Honble Tribunal;

c. An order of attachment may be passed in respect of the Bnaks account fo the

defendant in any other bank including the applicant Bank;

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 ?

8. Matter not pending with any other Court etc:-

The applicant further declares that the matter regarding which this application has been made is

not pending before any court of law or any other authority or bench of the Tribunal as per the

banks record.

9. Particulars of the Banks Draft/Cheque

Bank Draft No - ______, Dated ___________, of Rs _____/= issued by the state bank of India,

_______ 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

mentioned in the General Index of this application.

11. List of Enclosures:-

As stated in paragraph ___ of the original application and as mentioned in the General Index.

Verification

I, .., aged about .. years, son of Late , C/o State Bank of

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

information based on official records of the case and belief.

Verify and signed this on .... Day of May 2016.

 AFFIDAVIT

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

hereby solemnly affirm and declare as follows:-

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.

3. The Annexure(s) are true copies of its respective originals.