BANK OF BARODA vs Sujata Metal Works on 12 November 2025

**JUDGMENT**

1. 1. The Applicant has filed the present Execution Application for issuance of Recovery Certificate for Rs 3,32,29,284.65 with further interest thereon @ 19.5% p.a. from 14/02/2006 till full realization and for other incidental reliefs.

2. 2. It is the case of the Applicant that the Applicant Bank had filed Special Civil Suit No.203 of 1986 against the Defendants in the Court of Civil Judge (S.D.), Valsad for recovery of a sum of Rs.7,81,936.40 plus interest and costs. Thereafter the Hon'ble Joint Civil Judge (S.D.), Valsad vide Judgment passed on 18/04/1994 has decreed the suit in favour of the Applicant Bank and jointly and severally against the Defendants for a sum of Rs. 7,81,936.40 together with running interest on the said amount @ 19.5% p.a. from the date of filing of suit till realization as also costs of the suit. However, the Defendants have failed and neglected to pay the decretal dues of the Applicant Bank and hence, the Applicant Bank has filed the present Application for execution of the decree passed by Civil Court on 18/04/1994. She further

submitted that as on 13/02/2006, a sum of 3,32,29,284.65 is due and payable jointly and severally by the Defendants to the Applicant Bank. The said Defendants are also liable to pay further interest thereon @ 19.5% p.a. from 14/02/2006 till realization.

1. 3. I have heard Ld. Counsel for the Applicant Bank and perused the decree passed by Ld. Civil Judge (S.D.), Valsad on 18/04/1994 in Special Civil Suit No.203 of 1986.

2. 4. It appears from the record that the Applicant Bank has filed Affidavit dated 19/04/2014 at Exh.A/31 stating therein as under:

*"I, Navnit Gandalal Vadher, Chief Manager of Bank of Baroda, Solumba Branch, Nr. Umergam Railway Station, Solumba, Dist. Bulsar do solemnly affirm and state as under:*

*I state that during the pendency of the above petition, the defendant No.12 submitted the compromise proposal to the bank and in terms of the compromise, a sum of Rs.4,81,856.52ps. has been paid against an undertaking and 'No Dues Certificate' has been issued qua defendants 6, 12 and 13. In view thereof, the applicant does not desire to prosecute the above petition qua defendants 6, 12 and 13 and withdraws the same subject to the continuation of the above Execution Petition qua other defendants i.e. defendants 1 to 5 and 7 to 11. The applicant, therefore prays this Hon'ble Tribunal to pass appropriate order in the matter."*

1. 5. It is required to be noted that **DRT does not act as an executing court** for civil decrees. Instead, it must convert such decrees into Recovery Certificates under Section 31A before initiating recovery proceedings. The RDB Act does not empower DRTs to execute decrees passed by civil courts directly. Instead, it provides a mechanism for

recovery through *Recovery Certificates*. This certificate is treated as if it were passed by the DRT itself.

6. In view of the aforesaid discussion, this Tribunal is of the opinion that the present Application for issuance of Recovery Certificate deserves to be allowed. Hence the following order is passed:

ORDER

(A) The present Execution Application is hereby allowed and stands disposed of accordingly.

(B) Defendant Nos.1 to 5 and 7 to 11 are directed to pay a sum of **Rs.3,27,47,428.13 (Rupees: Three Crore Twenty Seven Lacs Forty Seven Thousand Four Hundred Twenty Eight & Paise Thirteen only)** being decretal dues, as per decree passed by Ld. Civil Judge (S.D.), Valsad 18/04/1994 in Special Civil Suit No.203 of 1986, jointly and severally to the Applicant Bank within 30 days from the date of this order along with simple interest thereon @19.5% p.a. as well from the date of filing of the present Execution Application till the date of realization along with cost and expenses.

(C) In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the mortgaged property of Defendant No.1 and from all its other assets and also from the personal properties of Defendant Nos.2 to 5 and 7 to 11. If there is any shortfall, the same shall be recovered from the sale of other personal movable and immovable properties of the said Defendants.

(D) Recovery Certificate be issued forthwith and be sent to Recovery Officer, Debts Recovery Tribunal-II, Ahmedabad.

(E) Defendants Nos.1 to 5 and 7 to 11 are hereby restrained by means of injunction from depleting, transferring, encumbering, alienating or in any way dealing with their properties/assets without first paying the claim of the Applicant Bank.

(F) The Registry of this Tribunal is hereby directed to issue the free copy of the order and be sent to both the parties in compliance of Rule 16 of the Debt Recovery Tribunal Procedure Rule 1993.

(G) File be consigned to records.

(Pankaj Kumar Upadhyay) Presiding Officer, DRT-II, Ahmedabad

\*ykb