Allowed

Canara Bank v. Ms Jaiswal Plywood and Ors.

DRT24 Nov 2023OA/47/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte application filed by Canara Bank for recovery of dues totaling Rs. 80,72,492.22 from defendants who failed to appear despite service of notices, upholding the bank's claim based on marked documents.

What did the court decide?

The Applicant Bank is entitled to recover the total amount of Rs. 80,72,492.22 with monthly compound interest, future interest, and costs from the respondents. A recovery certificate is to be issued.

Canara Bank versus Ms Jaiswal Plywood and Ors. — Banking and Recovery | DRT (2023)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT:^.SRI KAMAL DE.

PRESIDING OFFICER.

O.A. No.47 of 2022

A, ,{ii {,! 'ot'

DATE OF DELIVERY OF ORDER i 24llr/2023

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Canara.Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its- H;ad Office !l_11?l.l ,C^{Road, Bangatore-560002 and carrying on businessthroughits} different branches including one at Ward No,1O9, 1277 Nayabad, p.O. Mukundapur, Kolkata-7ooogg commonly known as CaNlnl aAi.ii, N"yuouo Branch, West Bengal.

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... Applicant Bank.

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Versus-

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, y{r. Jaiswal^plywood, is a proprietorship concern of Late Jeetendra Jaiswal havins its principat pta;e of b;;in;;;-ii^'riz,-i)nl" onru.

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_ Shah Road, Kolkata_700033, West Bengat. 2. S.mt. -Rina Jaiswal, wife of fut" i""t"niiu Jaiswal is the Guarantor of i iu.iu.i,il"L,", i o i n g

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yi;] r.Ji lly"-tsii: lX f ,"fⁿ " i i "r i"L-i""i" " 700033, west Benoat.^{l, p.S.Jadavpur, p.O.Tollygunge,Kolkata_}

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' L?,#":;'r::i:fl'r#""Jt"-'resar^{h-eir or rate reetendra raiswar,} xori"t"- ido-oi:,'ili:;,";:";:l':"^{Lane'P S Jadavpur,P'o rolrvgunee,}

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... Defendants.

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Counsel for the Applicant Bank: - ... Mr. K.patra

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Counsel for the Defendants:_ ... Set ex-parte on 16.11.2023.

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JUDGEMENT

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The Applicant Bank filed the present OA being No. OA/47 of 2022 2O.O1.2022 for recovery of a total sum of Rs.gl,72,4g2-22p (Rupees Eighty Lakhs Seventy-two Thousands Four Hundred Ninety_two and paise Twenty_ two only) from the Defendants against the credit facil,ties together with interest, cost and other usual reliefs.

The Defendants served with sum tont The Defendants did not appear, as there was no representation ,ror the Defendants, the case was fixed for exparte on 16.11.2023, and heard ex-parte accordingly. The Applicant Bank examined Ms. Sumana Roy, Officer and Constituted Attorney of the Applicant Bank and marked 15 documents through him as Ex. Annexure-A to Ex. Anexure_A_13,

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendants remained absent and did not turn up to controvert the version of the o.A. of Appricant Bank. The Evidence of Affidavit coupled with the recitals in the documents viz,, Exs. Anexure_A to Anexure-A-13 marked on beharf of the Appricant Bank, estabrished the craim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jojn y and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs. In the resurt, the present originar Application is alrowed ex-parte with costs, aS undert _

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ORDERED

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(1)O.A. No.47 of 2022 fited by U determined ,nn ., "nl,"L'j" 1'"tunt o-ut"'ounts^Bank lt is^is hereby^allowed ordered and debt thatis applicant bank is entiHed,o .u.J" from the Defendants the totar amount to the tune ", r rn ,r r"l'-ver rhousands ;';; ;""t;j"'[}:,111^t"'Eiehtv Lakhs seventv-two pendenterite and paise rwenty-two onry) with "",^{;r;r;" ,;::tT} monthry rests "" ,r";;:,;, :::j.-t^_'|,t"'" per annum interest wirh Apprication, , ". ,;;;;;;;''Ji". i:" "" date or r,rins or the orisinar amount. _ .,,, full and final realjzation of the ctaim

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(2)Amount, if any, paid by the t the roan accounts or any, recovered o, ,n" ooo,,.]it"ldants .in taken inro account whire ".T,1,T"*."o:t,,r, "t,n" o.^.,^""1j1';] "ltl':1.^{ut. ,nu} exact amount of dues/debr payabre by "" """"olro. shail be catcurated_";,;;J;.ll.j."Tjrr;pendentetite and future interest

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(3)Defendants are debarred from the properties ;";;;;, TI .*,_"srne, alienatine or dearins with any or recovered from ""^{o"t""r"ro."mtill the aforesaid decretardebtis}

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(4)Defendants are given a time JudgmenvFinar thirty days from the date ,n.mated to them. """. rn^a. ."r" ,^lr^::^,:::0"r"^{,"rI". -"r -} r"",,""*" il:, "^t:; uerendants fails to pay the auer the above ,un,,on.o ,,;J;"' oues by sare orsecured "rr... ,:::1:""j r-. o;;;',"i:::#T: any' Appllcant bank is a,sn .^+ proceed agatnst r"-""", or"rln" ies or the "".r'ir""'",i.il1,1j:J

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immovable) and also^proceed against the Defendants^personallyto recover the dues in accordance^{with law.}

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(5)Let the certificate of Recovery be drawn up by^{Ld. Registrar forthwithin} terms of Judgment^{for issuance of the sameagainstDefendantsin favour} of the applicant bank under Section^{19(22) of the Recovery of Debtsand} Bankruptcy Act, 1993 and^put up^{thesame for issuance of theCertificate.}

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(6)Ld. Recovery Omcer shall realize the amount as^per the^Recovery Certificate from the Defendants^{in accordance with law.}

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(7)Ld. Registrar of this Tribunal is directed to deliver^{recoverycertificate in} term of the final order/judgment for^recovery of^{the sumagainst the} Defendants in favour of the Applicant^{Bank under Section 19 (22) of the} Recovery of Debts due to the^Bank and^{FinancialInstitutions Act,1993} now known as Recovery of Debts and Bankruptcy^Act,1993.

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(8) The parties are directed to appear before the^{Recovery Officer on} O2.OL.2O24 for further action in^{accordance with law in the eventthe} entire amount is not^paid by the^{said date'}

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Accordingly, the Original Application^{being O.A. No,47 of 2022 is allowed} and stands disposed of.

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Copy of the ludgement/Final Order be^{upload in the Tribunal'swebsite.} File is consigned to the Record^{Room afterobserving all formalities.}

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(Dictated to steno, transcribed by him, corrected, signed and^prcnounced by me in the open Court^{on this} 24th November of 2023)

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( KAMAL DE ) PRESIDING OFFICER.

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DEBTS RECOVERY TRIBUNAL-3, KOLKATA Order Sheet (Continuation)

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Case No. o.A./47/2022 Canara Bank Vs. M/s. Jaiswal plywood & Ors.
Office action
Order with signature with date and
dated Signature
of parties when
Order
ot.24 .7t .2023 Order pronounced (vide separate sheets)
In the result, O.A-/47/2O22 is allowed with costs.
Issue Recovery Certifi cate accordingly.
t-
( Kama
Presiding Officer
DRT-3,Kolkata

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DEBTS RECOVERY TRIBUNAL.3, KOLKATA Order Sheet (Continuation)

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Case No.O.A	./47/2022 Canara Bank Vs.M/s.-laiswal Plyw	ood&Ors.
Dateof Order	Orderwithsignature	Office action withdateand datedsignature
Order Dt.16.11.2023	Present:. ForApplicant:Mr.K.Patra, LdCounsel. ForDefendants:None TheRegistry has issued noticetothedefendantsin termsof the orderpassedthis Tribunal.Defendants hasnot turned updespitethe factthatthenotices have been served uponthedefendants.Applicant prayedforhearingofthecaseex-parte. The matterispendingsince2022.Henceright availabletosoleDefendantsforfilingofW.S.and counter evidenceistobeclosed.Itisclosed.The O.A.proceedsforexp.HeardtheLdCounselforthe Applicant.Reservedfororder. Applicantmayfilethewrittennotes ofarguments. To 24.17.20?3 for order.	9'r4 /i/ '/u/
	(KamalDe) PresidingOfficer DRT-3.Kolkata

Canara Bank v. Ms Jaiswal Plywood and Ors.

Case brief

What is this about?

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Canara Bank v. Ms Jaiswal Plywood and Ors.

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