This order disposed of an original application filed by State Bank of India for recovery of a loan amount of Rs. 24,19,254/- along with interest. The defendants were declared ex-parte for non-appearance. The Tribunal allowed the bank's claim.
Claim allowed with cost; defendants jointly/severally liable for Rs.24,19,254/- plus interest; recovery certificate to be issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER
O.A. No.391 OF 2022
DATE OF DELIVERY OF ORDER : 05th October,2023
State Bank Of India, a body Corporate constituted under the provisions of State Bank of India Act, 1955, having its Corporate Centre at State Bank of India Bhawan, Madam Cama Road, Mumbai – 400021 and a branch among other places at STATE BANK OF INDIA, Small & Medium Enterprises City Credit Center (SMECCC) Kolkata, 1, Strand Road, Samridhi Bhaban, Annexe Building, E-4th Floor, Police Station – Hare Street, Kolkata – 700001, West Bengal, Commonly known as STATE BANK OF INDIA, SMECCC –Kolkata Branch, West Bengal, within the jurisdiction as aforesaid.
------------- APPLICANT
- And –
--------------- DEFENDANTS
Counsel for the Applicant Bank: Ms. S. R. Mishra, Ld. Counsel
Counsel for the Defendants:- Set exparte on 28/08/2023
J U D G M E N T
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payment and/or realization. The Defendants are the borrower/ guarantor/ mortgager.
O R D E R
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Act, 1993.
Accordingly, the Original Application being O.A. No.391 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of.
Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.
File is consigned to the Record Room.
(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 5th October,2023.
Place: Kolkata ( Ambuja Mohan Das ) Date: 05/10/2023 Presiding Officer
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| Page No.- | Order Sheet(continuation) |
|---|---|
| Case No. OA/ | 391/2022 State Bank of India vs. M/s. Promoda & ors. |
| Date of the order |
Order with signature Office action with date and dated signature of parties when necess ary |
| 05/10/2023 | Ld. Advocate Ms. S.R. Mishra appeared for the Applicant Bank. None is present on behalf of the Defendants. Matter was heard in open Court on this the day of 28/08/2023. The detailed order in three pages annexed separately. The gist of the order is as follows: O R D E R |
| i) Claim of the Applicants is allowed with cost. |
|
| ii) The Defendants are jointly and severally liable to pay Rs.24,19,254/-, with interest @ 10.55% p.a. with monthly rest from 01.08.2022 against the Defendants till payment and/or realization. |
|
| iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule - X of immoveable property as described in the in the OA at page 18. iv) Let, a certificate be issued accordingly. |
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| v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer on 21/11/2023 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No.391 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 5th October,2023. |
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| Place: Kolkata (Ambuja Mohan Das) Date: 05/10/2023 Presiding Officer |
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2 issues framed by the court
Whether the recovery application filed by the bank is within the jurisdiction and limitation period of the Tribunal.
Whether the defendants are liable to repay the outstanding debt along with interest.
1 provisions across 1 enactments
State Bank Of India, SMECCC Kolkata Branch
M/s. Pramoda and Sumitra Mukherjee
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
