Idbi Bank v. Sukanta
Case brief
What is this about?
The Debt Recovery Tribunal allowed the bank's Original Application for recovery of outstanding housing loan dues totaling Rs. 60,79,916/- along with interest, directing the defendant to pay within 60 days and bar disposal of assets pending recovery.
What did the court decide?
Directed Defendant to pay Rs.60,79,916/- with interest within 60 days. Directed recovery from sale of mortgaged or other assets. Barred disposal of properties. Issued Recovery Certificate.
What the court decided
OA No. 230 of 2022
Registered on : 02.06.2022 Decided on :25.07.2023
THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI ORIGINAL APPLICATION NO. 230 of 2022
IDBI BANK LIMITED ) A Company incorporated and registered under) sthe companies Act, 1956 (1 of 1956) and a ) Banking Company within the meaning of ) Section 2 (20) of the Companies Act, 2013 ) (18 of 2013) and a Banking Company within ) the meaning Section 5(c) of the Banking ) Regulation Act, 1949 (10 of 1949) and having ) its registered office at IDBI Tower, W.T.C. ) Complex, Cuffe Parade, Mumbai 400 005 and) Branch office at Retail Asset Center, 1st Floor,) Marigold House, Plot No. A-34, Cross Road ) No. 2, Marol, MIDC Andheri (E), Mumbai- ) 400 093 and at Retail Asset Collection and ) Recovery Department, IDBI Zonal Office, 2nd ) Floor, C Wing, Mittal Court, Nariman Point, ) Mumbai- 400 021 Through its Authorised ) Office Shri Sanjay Valechha )
… APPLICANT
VERSUS SUKANT GHOSH ) Having addresses at ) (i) Flat No. C-701, Corolla Jewel, ) Bamandaya Pada, Marol Military Road ) Andheri East, Mumbai- 400 072. ) (ii) Compass Telematics Pvt Ltd, G-18, 7th ) Floor, Commerce Center, Tardeo, ) Mumbai- 400 034 )
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OA No. 230 of 2022
- (iii) Plot 15, Building No. 3, Flat No. 7, ) Cosmos Housing Society, Bhawana ) Nagar, Marol, Andheri (E) )
Issues for consideration
2 issues framed by the court
Whether the Original Application for recovery of housing loan dues and interest deserves to be allowed on merits.
Whether the Defendant's failure to regularize the account justifies the bank's claim for recovery including penal interest.
Parties & counsel
- applicant
IDBI Bank Limited
Coram
Dr. Rekha G. Dhakar
Case details
As recorded by the court registry
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