Debts Recovery Tribunals and Appellate Tribunals
Rina Singh and Others vs BANK OF BARODA on 28 January 2026
DRT,PATN A
RA 24 of 2023 IOI
Debts Recovery Tribunal, Patna
Presiding Officer: Shri Kaushalendra Yadav
R. A. Case No. 24 of 2023
[Arising out of OA Case no. : 107 of 20211
1.
Smt. Rina Singh W/o Sanchit Kumar, R/o New Purendrapur SBI
ATM, Dupulwa Jakkanpur, P.O. – GPO Patna District – Patna – 1, PAN No. AVHPS5052Q. (Borrower)
2.
Sanchit Kumar, S/o Late Shiv Pujan Singh, New Purendrapur SBI
ATM, Dupulwa Jakkanpur, P.O. – GPO Patna District – Patna – 1, PAN No. AVJPS1425K. (Co Borrower/Guarantor).
...... Applicants
Vs
1. Bank of Baroda, MSME Branch, Kadamkuan, Patna.
2. M/s Silver Point Engicons Pvt. Ltd. Through its (Director) Virendra Kumar S/o Shri Paras Nath Singh R/o At Abhiyanta Nagar, West Bailey Road, Dananpur, Patna – 801503 and its Branch Office at SS Palace, Krishi Nagar, Behind IGIMS, Patna. (Guarantor).
.. . Respondents
Present :
For the Applicant
Sh. Raj Kumar, Advocate
For the Respondent
Sh. Umapati Jha, Advocate
Dated: 28.01.2026
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ORDER
This Review Application u/r 5A of Debt Recovery Tribunal (Procedures) Rules, 1993 has been filed by the applicant to review the Judgment/order dated 20.09.2023 passed in the OA 107/2021 bY this Tribunal.
3. It is submitted by the Id. Counsel of applicants that the applicant no.1 entered into an agreement with respondent no.2 through its director a) \ \
DRT,PATNA RA 24 of 2023 IOI on 23.12.2014 to purchase a flat. Accordingly, an agreement dated 23.12.2014 was executed by defendant no.2 in favour of applicant no.I. Further, on the application of applicant no.1, the respondent bank sanctioned loan amount of Rs.37.50 lacs in favour of applicant no.1 and thereafter tripartite agreement was executed between parties on 30.03.2015. Further, the respondent bank released Rs.30 lacs towards cost of flat in favour defendant no.2 on 30.03.2015 and Rs.7.50 lacs on 27.08.2015. Apart from this, the applicant no.2 has also paid Rs.15 lacs to the defendant no.2 and Rs.5.10 lacs towards EMI. Thus total Rs.58.10 lacs was received by the defendant no.2 but defendant no.2 has not registered the flat to the applicant. Furthermore, the defendant no.2 entered into another agreement for the same very flat with other persons on 08.04.2015 concealing from the applicants and bank also. When these facts came into knowledge of applicants, the applicants were compelled to cancel the agreement dated 23.12.2014 on 06.04.2016 and requested to return the money but the defendant no.2 has not returned the amount except an amount of Rs.50,000/-. The whole incident was brought into the notice of bank vide letter dated 29.12.2017. The applicants have also lodged an FIR bearing P.S. Case No. 247/2018 before the concerned Police Station. After a while, the defendant no.2 submitted a cheque of Rs.45 lacs to the applicant but the same was bounced for which Complaint Case No. 1172 of 2020 was registered before C.J.M. Patna which is pending. In view of the above circumstances, the applicants are not defaulters rather victims of the case. Hence, the applicants are not liable of any kind. The defendant no.2 is the only beneficiary person and liable to liquidate the dues of the bank and to face a\I
DRT.PATNA RA 24 of 2023 IOI consequences. It is therefore prayed that the order dated 20.09.2023 may kindly be reviewed.
4. On the contrary, Id. Counsel of the respondent Bank submitted that the judgment in OA was passed after considering the entire facts and documents on all points which have been raised herein. The present RA has been filed just to delay and to defeat the usufruct of contested judgment/certificate passed by this Tribunal. There is no apparent error on the face of record.
5. Considered the contentions of the applicant bank and perused the case records.
6. The present Review Application has been filed by the applicant under rule 5-A of the Debts Recovery Tribunal [Procedures] Rules 1993. The rule 5-A reads as under- “[1] Any party considering itself aggrieved by an order made by the Tribunal on account of some mistake or error apparent on the face of the records desires to obtain a review of the order made against him, may apply for a review of the order to the Tribunal which had made the order.
No application for review shall be made after the expiry of a period of thirty days from the date of the order and no such application shall be entertained unless it is accompanied by an affidavit verifying the application. [3] Where it appears to the Tribunal that there is no sufficient ground for a review, it shall reject the application [but where the Tribunal is of opinion that the application] for review shall be granted, it shall grant the samen/’
7. This review petition is mainly on the ground of alleged facts of fraud committed by defendant no.2 with the applicants which are part of the evidence or record of the OA. Alleged new facts will open a trial de novo. Neither this application discloses any arithmetical, clerical, any other error apparent on the face of record, nor has it been pointed out during the course of arguments. The scope of enquiry /W\\
DRT.PATN A RA 24 of 2023 [OI under the review application is not extended to revisit or de novo appraisal of evidence.
8. The Case can be decided on the basis of facts and relevant evidence available on record. The applicant has not pointed out any mistake or error apparent on the face of the records. The error apparent on the face of record is not a matter of presumption. As such this petition has no merits and is dismissed accordingly along with all pending IAs. Order signed, sealed, dated and pronounced in the open court on this 28TH Day of January, 2026. Dictated & corrected by me. -/b
a) \ \ \ i\ [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna