Allowed

Bank of India v. Ranjan Jyoti Goswami

DRT21 Nov 2023OA/312/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an application under Section 19 of the RDBFI Act filed by Bank of India for issuance of a Recovery Certificate against defaulters who failed to repay a housing loan secured by a mortgage of a residential flat.

What did the court decide?

Issuance of Recovery Certificate for Rs. 25,34,171.59 along with pendentelite and future interest at 9.35% per annum against the respondents jointly and severally.

Bank of India versus Ranjan Jyoti Goswami — Banking and Recovery | DRT (2023)

¶1

OA 312l2022lDRTGuwaharl

¶2

IN THE DEBTS RECOVERY TRIBUNAL, GUWAHATI

¶3

(North Eastern Region)

¶4

(Tribunal of Assam, Nagaland, l,,,teghalaya, [,4anipLrr, Mizoram, A.unachal Pradesh & Trip!ra)

¶5

Before Shri Shiv Sharan Dubev. Presidinq Officer

O.A. No.31212022

ln the matter of -

BANK OF INDIA

Khanapara Branch, VIP Road, Chachal, Sixmile, Khanapara, Guwahati-781022, Kamrup (Metro), Assam

¶10

Applica nt

¶11

Vs.

¶12

.I. MR RANJAN JYOTI GOSWAMI S/o Tirtha Nath Goswami,

¶13

House No.12, Govindagiri Path, Ambikagiri Nagar, Narikalbari Bye Lane, Zoo Narengi Road,

¶14

Guwahati-781024, Dislrict Kamrup (Metro), Assam.

¶15

SRI SUBRATA KAKATI

¶16

Proprietor of Mis BME Constructions Son of Dandadhar Kakati,

¶17

1"r Floor, Eureka Tower, Chandmari,

¶18

Guwahati-781 003, District- Kamrup (Metro), Assam.

¶19

Residential Address;-

¶20

House No.15, New Shiva Nagar Path, Megzine, VIP Road,

¶21

Guwahati-781 036, District- Kamrup (lvletro), Assam.

¶22

Defendants Presence of the Counsel: For the Applicant : l.4r Vishal Kumar Dewan, Advocate For the Defendant No.1 : Mr. lndrazeet Subhas lvlazumdar, Advocate For the Defendants No. 2 : None (Ex-parte).

¶23

Dated :2111'112023

¶24

JUDGMENT

¶25

This is an application under section 19 of the Recovery of Debts Due to Banks and Financial lnstitutions Act,^'1993 filed by the Bank of lndia, Khanapara Branch, VIP Road, Chachal, Sixmile, Khanapara, Guwahati-781022, Kamrup (Metro), Assam, with a prayer to issue Recovery Certificate forthe sum of Rs. 25,34,171.59 (Rupees

¶26

-ck;lWa-Q,.J,", 2l lt 23 /l Presiding Officer DRT, Guwahati

¶27

¶28

o.A 312/2o2zDRT€u0ahati

¶29

Twenty-Five Lacs Thirty-Four Thousand One Hundred Seventy-One and paise Fifty-Nine) only as on 07.03.2022 against the defendants joinfly and severally with pendentelite and future interest @9.35% per annum at monthly rests from 08.03.2022 till realization along with cost and other relief.

¶30

A few facts giving rise to the present application are as under.

¶31

On 20.03.2018, the Defendant No: I had requesled and applied to the Applicant Bank for financial assistance by way of Term Loan to the tune of Rs.25,00,000/- by way of home loan for the purpose of purchasing a new residential flat costing Rs 40.60 lakhs, giving all necessary details to the Applicant Bank

¶32

The Applicant Bank on 26.03.2018 considered the proposal given by the Defendant No: I and sanctioned a Term Loan of Rs 25,00,0001 to the Defendant No:^'l as housing loan, for the^purpose of^purchasing a residential Flat, on the various terms and conditions which wele accepted and acknowledged by the Defendant No.1. As^per the terms of Sanction:^-

¶33

a) The rate of interest shall have to^{be chargedat the rate of 8.30%per annum} (floating lnterest) with a monthly rest subiect to changes^{from time to time}

¶34

b) The term loan shall have to^{be repaid in 246 equal monthly installments of Rs} 21.178/-^per month commencing^{from October 2018}

¶35

c) The said term loan^{shall also be primarily secured by the equitablemortgageof} the Flat situated at^{HiyaHemang lnspiration, RupkonwarPath, Hengrabari,} Guwahati to be^{purchased out of Bankfinance}

¶36

The aforesaid and other^{terms and conditionswere acceptedand} acknowledged^{bY the Defendant.}

¶37

ln order to avail^{theaforesaidTerm Loan for Rs 25,00,0001, theDefendant} No: t had executed^{the following loan documentsin favour of the ApplicantBank on} 26.03.2018:-

¶38

(a) Promissory Note dated 26.03.2018^{for R 25 00 000/-} it i tnstattmeni letter dated^{26 03.02018 for Rs 25,00,000} i.i Loan "Bearer" dated^{26.03.2018lor Rs 25'00,000/-} )ii lii.".ent tor Home^{Loan dated 26.03 2018 for Rs 25,00 000/-} i.i r&ter of unoertaking^{dated26 03.2018for Rs' 25'00'000/-'}

¶39

it)'^{rvrbLn ng,""r"ntd;ted26 03.2018for Rs 25 00'00}

¶40

-s[d4#ft5Sq Presiding rg officer Ofrcer U DRT, Guwahali

¶41

¶42

6 A.3l2mzzD1r<,t$anzti

¶43

Apart from the above, in order to secure the term loan accouni of Rs 25,00,000/ the Defendant No: 1 on 26.03.201g as security had also created charge of the Flat No. 2- A measuring 14OO sq ft (approx) of super built up area on the Second Floor of the RCC building known as^,,Hiya Hemang lnspiration,, with proportionate share of land with parking space situated in the Revenue VillageHengrabari under mouza- Eeltola, Guwahati, in the dist ct-Kamrup, Assam to be purchased by the Defendant No: 1 which has been more specifically described in Schedule-A of the OA. The Defendant No: 2 vide his letter dated 16.03.2018 had given no objection in giving loan to the Defendant No: I and mortgaging the said Flat with the Bank by way of security for repayment. The Defendant No: t had submitted the following documenls of the Flat to the Applicant Bank as security for creation of charge in the aforesaid account.

¶44

(a) Registered Deed of Agreement No: 2390 of Serial No: 3i23 dated 27.02.2018 executed between the builder Oefendant No: 2 and the Defendant No:^.l for sale of Flat.

¶45

(b)Allotment Lefter dated 16.03.2018 issued by the Defendant No.2 in favour of Defendant No: 1 for allotment of Unit No. 2/A measuring 1400 sq ft on the 2nd floor of Hiya Hermang lnspiration.

¶46

¶47

(d) Special Power of Attorney dated 24.03.20'18 executed by the Defendant No: 1 .

¶48

(e) Deed of Rectification No: 3768 of Serial No: 4968 dated 27.03.2018 executed between the builder Defendant No: 2 and the Defendant No: 1.

¶49

(0 Letter dated 16.03.2018 issued by the Defendant No: 2 to the Applicant Bank regarding no objection in giving loan to the Defendant No; 1 and mortgaging the said Flat with the Eank by way of security for repayment.

¶50

ln^pursuance of the execution of the documents as stated above and also in pursuance of creation of equitable mortgage by deposit of original title documents and charges on the^properties as stated above. A Term Loan^AccountNo: 5009751 10000027 was opened by the^{Applicantin the name of the Defendant No:'l .} Out of the total loan of Rs 25 lakhs, the^{Applicant had disbursed} a^sum of^Rs 22.50,0001- on 26.03.2018 on^{the specific requestand writteninstructionsof the} Defendant No: l. All the^{transactions madeby the Defendant No: 1 including} withdrawal of money^{from time to time, applicationof interest, repaymentsetc were}

¶51

(L,,t{^r,ta" Q"'l'l )t.tt.)l ./ Presiding Officer DRT, GuwEhati

¶52

¶53

9A 3122022lDRr,Guwrhati

¶54

duly entered and recorded in loan account mainlained in the ledger of the Applicant Bank in its ordinary and usual course of their banking business.

¶55

On 26.03.20.t9 the buitder Defendant No. 2 Shri Subrata Kakati being the proprietor of BME Constructions had demanded the payment of outstanding balance of Rs 25 lakhs from the Defendant No: 1 within 7 days. Accordingly, the Defendant No: 1 on 26.03.2018 had requested the Applicant Bank to disburse an amount of Rs 22,50,0001- and to transfer the same to the account of the builder. The Defendant No: 1 further agreed that the remaining^.10% of the sanclioned limit will be transferred to the builder upon submission of original tifle deed to the Applicant Bank. Accordingly, upon the written instructions and request of the Defendanl No: 1, the Applicant Bank on 26.03.2018 had disbursed the amount of Rs 22,SO,OOO/_ in the account of the Oefendant No: 2.

¶56

Before disbursing the loan amount the Applicant Bank had obtained Valuation Report from the approved valuer on j7.03.2018 and it was remarked as almost completed. The Applicant Bank had also visited the property site on 16.03.201 8 prior to sanction of the loan to the Defendant No: 1 and found the results to be satisfactory. The construction of the building was almost completed and for this reason the insurance of the Flat was also obtained on 31 .03.2018. Hence there was no hesitation on the part of the Applicant Bank in releasing the sum of Rs 22.50.000 on the speclfic request and written instructions of the Defendant No: 1

¶57

The defendants had availed the said credit facility from the applicant bank but have not paid the outstanding loan amount as per terms and conditions as agreed upon with the applicant bank, in spite of repeated demands and request by the applicant bank. As the defendants failed to repay the loan amounl, the said account became NPA on 31/03/2021. Atter the account became NPA the applicant bank issued notices for repayment of the due amounl,^{but the defendants failedto repay the loan amount.}

¶58

The applicant bank thus became constrained^{to file the present OriginalApplication} for the recrvery of Rs.^{25,34,171.59 (RuPeesTwonty-FiveLacs Thirty-Four} Thousand One Hundred^{seventy-Oneand Paise Fifty-Nine)only as on 07.03-2022} along with interest and cost^{ofthe application} SAil s{.ora,

¶59

SAil s{.ora,^U[9 (J l l '2) pr""ia,nn o#, ORT, Guwahali

¶60

¶61

0 .a 312t2022tr,lr-cwahati

¶62

After filing of the OA the Tribunal issued notices upon the defendants through registered post and the applicant bank filed service report on 31.10.2022 and brought on record the postal receipts along with track consignment report which shows that notice has been served upon the defendant No. .i and notice has nol been served upon the defendants No.2. Thereafter the Tribunal ordered paper publication of notice upon the defendant No. 2 and the applicant bank issued notice to the defendants No. 2 on 03j22022 through Paper^publication in two newspapers namely ,,Ihe Sentinel,,and "Dainik Assam". Even after issuance of notice through paper publication atso there was no representation on behalf of the defendant No. 2 either by the counsel or the person and hence the defendant No.2 was set ex-parte on 23-06-2023 and his right to file written slatement cum evidence on affidavit was closed. lt is observed that the learned counsel for defendant No.1 has appeared on 17.0'1.2023 and filed his written siatement and evidence on affidavit on 09.03.2023 to which learned counselfor the applicant filed rejoinder on 24.05.2023. Thereafter the matter was posted for hearing.

¶63

Supporting the claim of the applicant bank Sri Angom Ramchandra Singh, Chief Manager of the Applicant Bank has filed evidence on affidavit coupled with the security documents marked as Exhibit A-l to A-23 supporting the claim of the applicant bank details of which are: -.

¶64

No. st.	Name of the documents	ExhibitNo.
1	LoanApplicationdated20.03.2018forRs.25^lakhs submittedbythedefendantto!hqqpp!g4!!e!k.	A-1
2	SanctionLetterdated 26.03.2018issued bythe^applicant bankfor TermLoanof^{Rs. 25,00,000/-to thedefendant} No.'l	A-2
3	PromissoryNote dated26.03.2018for^{Rs.25,00,0001} execuledbythedefendant^No.I^{infavour of theapplicant} bank.	A-3
4	GstallmentIetterdatea^{26!3.2018forRs.25,00,000/-} executedby the^{defendantNo.1 infavour oftheapplicant} bank.
5	roan 'gearei'daied^{26.03.2018forRs.25,00,000/-} executedbythe^{defendantNo1 infavourofthe applicant} bank.
6	Aoreementfor^{norneLoanOated26.03'2018forRs'} ZS,OO,OOOI-^{executedbythedefendantNo'1infavourof} theapplicant^bank.	A-6
7	r"tt#ot dated26'032018^forRs' ZS,bO,OOol^{executedb-ythe defendantNo1 infavourof} theapPlicant^bank.	A-7

¶65

-unoerrakng

¶66

sils+qri,t{t'1 Pr€3iding Otrcer^'- \l ORT. Guwahati

¶67

OA 312/2O22,ORT-GlMhari

¶68

MaLRTs@ executedby thedefendantNo.rinfavour oitneffitt-a"nt "
i,iiTf:m defendantNo.2andrheoerenoarti;.?;;; il:#li;l tlat
l1,olm:nt.@ ::1::lrll N^";?in favourof defendantNo.lforatm;n; #o:"r'l:""ing laoo";ri;;ilJ"il1lJ''":;
unoertat<in@
speciateo@ tI9 q9!qnda!!_l!9-Lt!ralbgroftherppri""niu"ii]'-'", 1Ti1"X
,$,:m and thedefendant No.1.
.Letterdateor@ [:n:::"*T^,:s1d]ns,"'"ur""i",^i,gi,,sri,'i l;J['"ffi?:x,]:J#fln:x;i;[ill;^;:';,;';i;
LetterOrtea@
!si1iSi,m 9l'!y,:":"^{amountoiAs,r,sopoor-}liitlt'#l[]:il3 s,?T:.!9tn=ccountg noantr.to.z.^{-'' '-}
ValuationRepo( approvedvaluerdiied '17.03.2018
PreSanctionI ction Reportoatedt9I3.2otti tnsurance^poli of theFratdaGoJLG2o.la fli
ithin7daysof receiptoftheletter. neca-ttotc@ l.,flly_tl9-^{gybb"dins_amount withunJharseornteieii} kd
ncnowtegeme@ executedbythedefendant No.1intavourof theapflirani
Statement@ ^919!E2Z!999l!!999^{withcertificate.} ttt@
qqozgrareqstrt saemenoran AccountNo.500975iOOOOO27

¶69

The defendant No.i has appeared and contested the claim of the applicant bank by filing written statement and evidence on afidavit stating interalia that the Applicant bank has advanced an amount of Rs. 22,SO,OOO.O out of sanctioned amount Rs. 25,00,000/- to the Defendant No I on 261032018 for purchasing a Residential Flat being made by Defendant No 2. The Defendant No 2 has still not made the Sate deed. fhus, on 07103t2022 it became NpA. The Flat that was sotd to the Defendant no 1 by

¶70

$L't l[.aru.,QVl', ,,"",r,nn *3.t^lr'l)- I DRT. Guwehaii

¶71

¶72

oa 312/2022/oRT-Gwahati

¶73

Defendanl no 2 is a Duplex one whereas the Defendant no 2 also sold the same flat to another person who in return had taken loan from Erstu/tlile Oriental Bank Now punjab National Bank. A complele fraud was done to the defendant no 1, which is well known to the applicant bank. This answering defendant has stated that para 1,2,3,4,5,6,7 & g of the original application are matter of record and requires no comment. This answering defendant further stated that he came lo know of the ill motive of the defendant no 2, and the sale of same flat lo another customer by Defendani no 2 and that particular customer took loan from erstlvltile Oriental Bank of commerce, G.S. Road now^punjab National Bank after amalgamation. Further this answering defendant has stated that he has no comments to make with regards with the averments made in Paragraph 11, 12,13,14,15,'16,17,18 & 19 of the original application because the same are matters of record.

¶74

The learned counsel for the applicant bank has riled rejoinder against the wdtten statement filed by the defendant No 1 in which it has been stated that the entire written statement of the defendant No.1 is vague and the Defendant No: t has made general denials without any basis. He has not filed any document with the written slalement or counter evidence and failed to^justify and prove the statements and allegations made by him against the Applicant and the claim made in the Odginal Application. The Defendant No: 1 is totally silent in respect to his signatures in the loan and security documents. lt is admitted fact that out of the total loan of Rs 25 lakhs, the Applicant had disbursed a sum of Rs 22,50,000/- on 26.03.2018, upon the written instruclions and request of the Defendant No: 1. On 26.03.2018 the builder i.e. Defendant No: 2 belng the proprietor of BME Constructions had demanded the payment of outstanding balance of Rs 25 lakhs from the Defendant No: 1 within 7 days. Accordingly, the Defendant No: 1 on 26.03.2018 had requested the Applicant Bank to disburse an amount of Rs 22,50,000/and to transfer the same to the account of the builder. The Defendant No: 1 further agreed that the remaining 10% of the sanctioned limit will be transfened to the builder upon submission of original title deed to the Applicant Bank. Accordingly, upon the Mitten instructions and request of the Defendant No: 1, the Applicant Bank on 26.03.2018 had disbursed the amount of Rs 22,50,000/- in the account ofthe Defendant

¶75

(l-^Alo#i.Sh Presidin0 Offcel^/ 2 l/ DRT, GUwEhaIi

¶76

¶77

q.a 312r2022lDRr.cwahati

¶78

No: 2. The Oocument No: 15 of the Original Application is the Letbr dated 26.03.2018 issued by the builder Defendant No: 2 to lhe purchaser Defendant No: 1 demanding the payment of ouhtanding balance of Rs 25 lakhs from the Defendant No: 1 within 7 days. The Document No: 16 of the Original Apptication is the Letter dated 26.03.2018 issued by the Oefendant No:^.l on 26.03.201g to the Applicant Bank with a request to disburse an amount of Rs 22,50,000/- and to transfer the same to the account of the buildel Defendant No: 2. The Term Loan Account of the Defendant No: 1 was ctassified as NPA (Non-Performing Asset) on 3.l.Og.202,1and the outstanding due amount as on 07.03.2022 was Rs 25,34,171.S9 which is the claim of the Applicant Bank in the Original Application. The statements made in the written statement that the Defendant No: 2 sord the same flat to another peBon who in retum had laken loan fiom Odentat Bank are vague and are baseless statements. The Defendant No: .l has not justilied the stiatements made in the said para and failed to prove the same in evidence. The Applicant Bank has no knowledge of the above facl. The Applicant has already taken the symbolic possession of the Schedule^property. The documents annexd in lhe Original Application and exhibited by the Applicant in the Evidence and the signatures of the Defendant No: 1 therein shall prove the sialements made by the Applicant in the Original Applicalion. The Defendant No: I has not denied his signatures in the loan documents. The statements made in the Counter Evidence are vague, baseless statements. The Oefendant No: 1 is defaulters in the eye of law and he is liable for a sum of Rs 25,U,171.59 as on 07.03.2022 with further interest from OB.O1.2O22 and cost thereon as claimed in the Original Application. The Defendant No: 2 the builder has been made a necessary party in this Original Application as because he failed to deliver the odginal title docrment of the Flat to the Applicant. The Defendant No: 2 has also failed to return the amount financed by the Applicant Bank on behalf of the Defendant No: 1 inspite ofdemands. As such the Defendant No: 2 is also jointly and severally liable for the repayment of the outstanding dues to the Applicant Bank. The secured property is still charged to the Applicant Bank. The Defendant No: 2 vide his letter dated '16.03.2018 had given no objection in giving loan to the Oefendant No: 1 and mortgaging

¶79

Sh,J["ara., t"]ur t.""rn #LJf^I t/

¶80

ORT. Guuahat

¶81

O.A 31 2/202ZDRT€0.h.ti

¶82

the said Ftat with the Bank by way of security for repayment. The Applicant Bank has taken symbotic possession ofthe Schedule property.

¶83

Heard the learned counsel for the applicant bank who prayed for issuance of Recovery Certificate against the defendants as per pleadings made in the Application, supported by evidence on affidavit of their witness who aflirmed on oath the execution of the security and other documents by the defendants and also execulion of their own documents relied upon, which have been marked exhibits. The learned counsel for the applicant bank has also filed written argument.

¶84

Heard the learned counsel for the defendant No..l who prayed for dismissal of the original application.

¶85

I have carefully perused the documenls on record including original application, evidence on affidavit and exhibited documents as well as written statement and evidence affidavit filed by the defendant No.t.

¶86

It is observed that the defendants have not denied the availment of loan, execulion of documents and their signature on the same.

¶87

It is observed that the answering defendant has made generar deniar in his Mitten statement. lt is werr settled raw that the written stalement must specificaly deal with each of the allegation of fact made in the praint. The failure to make specific denial amounts to an admission. ln the present case, the defendant has made a general denial that amounts to admission on the part of the defendant of the facts pleaded in the original application by the applicant. Moreover, the defendant has not filed any document in support of his pleadings and failed to justify and prove the statements made in their written statement and evidence on affidavit.

¶88

It is evident from lhe statement of account filed by the applicant bank that the defendants have defaulted in repayment ofthe loan. lf there is default in repayment ofthe loan the applicant bank has every right to proceed against the defendanb for realizatjon ofthe outstanding dues. Hence, I have no hesitation to hold that this originalapplication is maintainable.

¶89

The applicant bank has produced on record the copies ofthe statement of acrount in respect ofthe defendants, duly certified under Bankers' Books Evidence Act. The

¶90

ilJ,tN^qn"W ,,*,,.^no 3!'ll'23^A oRT, Guwahati

¶91

¶92

O A 312/2o22lDRT-cuwahari

¶93

applicant bank by the evidence-on_affidavit of Sri Angom Ramchandra Singh, Chief Manager of the applicant bank had deposed the correctness of the afidavit and certified copy of the accounl. Beyond that nothing more has to be deposed by an officer of the bank. lt is thus obvious that apart from the entries of the Books of account there are ample evidence on the record to conoborate the said entries.

¶94

The documents executed by the defendants are duly proved by the applicant bank and the witness of the applicant. The applicant has sufficient cause of action for filing the instant application due to disbursemenvavailment of loan to/by the defendants and on default in repayment of the loan by the defendants, inspite of demands made, as per exhibited documents filed by the applicant bank.

¶95

Considering the facts and circumslances of the case, I am of the considered view that the documents filed by the applicant bank are supporting the claim of the applicant bank and estabrishing the riabirity of the defendants. rt is proved that the defendants are liable to pay to the applicant bank the claim made in the Original Application. The loan was obtained and documents have been executed on 26.03.2018. Acknowledgement of Debt and Security dated 21.O3..2OZ1 has been executed by the defendant No. 1 in favour of the applicant bank. The account became NPA on 31.03.2021 and the OA has been tiled on Og.Og.2O22. Hence, the OA is filed well within the period of rimitation and this Tribunar having a jurisdiction to adjudicate the Original Application.

¶96

Considering the version of by Sri Angom Ramchandra Singh, the applicant,s witness and all the documents marked as exhibits, including duly certified copy of the statement of account along with interest calculation sheet maintained by the applicant Bank in it's regular course of business, I hold that the applicant is entifled to get the Recovery Certificate as prayed for.

¶97

ln the result, the presenl Original Application No. 312 of 2022 is allowed with cost as under: -

¶98

The defendants No. 'l & 2 ate joinlly and severally liable to pay

¶99

to the applicant bank a sum of Rs. 25,34,17i.59 (Rupees Twenty_Five Lacs

¶100

cl'"l"s lrLta* €.,trr - I )l t.2) (J Presiding Officer DRT. Guwehali

¶101

¶102

O A 312/2022/ORT-Guwahari

¶103

Thirty-Four Thousand One Hundred Seventy_One and paiso Fifty_Nine) only with pendentelite and future interest @9.35% per annum with monthly rests from OB 03.2022 till the date of full payment/realization and also cost of the application.

¶104

ii) The charge of the certificate amount be kept alive on mortgaged property a.e. A Residential 3 BHK Ftat No. 2_A measuring .l4OO sq ff (approx.) of super built up area on the Second Floor of the RCC building known as ,,Hiya Hemang lnspiration" with proportionate share of land with parking space standing over the plot of land measuring 2 katha covered by Dag No. 2ZA (Old)l2,t4g216g and 2244 (New) of patta No.23 (Otd)tg42t1}j1 (New) situated in the Revenue Village- Hengrabarj under Mouza- Beltola, located at Rupkonwar Path, 8ye Lane No. lt, Hengrabari, cuwahati_781036, in the District_ Kamrup (Metro), Assam and the land js bounded by: North: Dilip phukan; South: Maniula Kalita' East: Public Road; West: Bornali Baroatia, as described in Schedule-A of the Original Application ti the amount is realized in full.

¶105

iii) The applicant bank is entifled to proceed against the secured items towards recovery of the debts.

¶106

iv) The applicant bank is also entifled to proceed against the personal assets and properties of the defendanls towards recovery of the dues.

¶107

v) The applicant bank is entifled to the costs of the O.A., which includes the advocate fees of the applicant bank. Applicant is directed to ,ile the cost memo within 2 weeks from today.

¶108

vi) lssue Recovery Ce(ificate accordingly for a sum Rs. 25,34,171.S9 (Rupees Twenty-Five Lacs Thirty-Four Thousand One Hundred Soventy-One and Paise Fifty-Nine) only in favour of the appticant bank against the defendants No.1 & 2.

¶109

vii) Communicale copy of this order to the concerned parties.

¶110

This order is dictated and corrected by the undersigned.

¶111

-\L']"^Ll"ara. 1t4 e""aannlln)l^{2J g} ORT, Guvrahali ^,

¶112

¶113

O.A. 31212o22lDRT_cuwahati

¶114

Judgment dated 21.r November, 2023, today under my signature.

¶115

signed and pronoun@d in the Tribunat

¶116

Copy of the JudgmenuFinal Order be uploaded in the Tribunal,s Website and file be consigned to Record Room.

¶117

^t^. '^{' t'ut} t L.o-P.", ! *k,, (Shiv Sharan fiLei^);'3 , I Presiding Officer"^/ DRT, Guwahati.

Bank of India v. Ranjan Jyoti Goswami

Case brief

What is this about?

What did the court decide?

Bank of India v. Ranjan Jyoti Goswami

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State Bank of India versus Marx Alexander

Sulaiman K T versus The Manjeri Co. Operative Bank Ltd.

State Bank of India versus Dhairjya Ram Deka

Mrs G K Rani versus State Bank of India

Ms Habib Oil and Grains Processing versus State Bank of India

State Bank of India versus M/S Mahavir Jain Enterprises