Allowed

Union Bank of India v. Lakshmi Kanta Dhara and Ors.

DRT10 Jul 2024OA/114/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte application filed by Union Bank of India for recovery of a loan amount and interest against four defendants who failed to appear. The court issued a certificate of recovery.

What did the court decide?

Recovery of Rs. 39,14,798.85 with interest at 12% per annum; debarment from alienating properties; 30-day repayment period; authorization to recover from secured, movable, and immovable assets.

Union Bank of India versus Lakshmi Kanta Dhara and Ors. — Banking and Recovery | DRT (2024)

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

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PRESTDING OFFICER

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O.A. No. 114 of 2023

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DATE OF DELTVERY OF ORDER I tOlO7l2O24

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Unlon Bank ot Indla,^{a body corporate constituted under the Banking companies} (Acquisition and transfer of undertakings)^{Act,1970 havingits Head Officeat 239,} vidhan Bhawan l.4arg, Nariman^{Point, Mumbal-400021andRegionalOfface at 225c,} NC Bose Road, Kolkata-7OOO2O^{and also carryingon bankingbusiness through its} different branches^{lncluding one at AmtalaBranch,Nibaran Dutta Main Road, (near} Registry Offlce), Village -^{Amtala,P.O.Kanyanagar, P.S. Bishnupur, Oistrict- 24} Parganas^(South), Pln -^{743 503, commonly knownas Union Bank of India,Amtala} Branch, hereinafter^{referred as the "Applicant Bank",wlthin the jurisdictlon of this} Learned Tribunal.

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Mr. Lakshmi Kant.^{Dhata. sonof !1r,RamapadaDhara,resident of Village& P O'} Muchisa, P.S. Nodakhali,^District -^{24 Parganas(South),Pin - 743377}

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llr. Rama Pada^{Dhara,son of Late Naren Dhara, residentof v'llage& P O'} Muchisa, P.S. Nodakhali,^District -^{24 Parganas(South),Pin - 743377}

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f4r. Tlnku Dhara, son of^{Mr. Ramapada Dhara, resident of Village & P O Muchisa'} P.S. Nodakhali, District -^{24 Parganas(south),Pin - 743377}

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4, l.lr. Slntu Dhala, son^{of Mr.Ramapada Dhara, resident of Village & P O' Muchisa'} P,S. Nodakhali, District -^{24 Parganas(South),Pin - 743377}

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... Defendants

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Counsel for the^{ApplicantBank: -}

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l4d. Babulal Mollah, Advocate

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set ex-parte on 3/O?/2024

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JUOGEMENT

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The Appllcant^{Bank filed thepresentOAbelngNo'O A 114 of 2023 on 22102/2023 lor} recovery of a total^{sumof Rs. 39,14,798.85/-(Rupeesthlrty nlne lakh folrrteenthousand} seven hundred^{ninety eight andpaise eighty five only)from theDefendants towardsterm} loan together^{with interest, cost andother usual reliefs'}

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The Defendants are served with summons. The defendants did not appear, as there was no representataon from the defendants, the case was fixed for ex-parte hearing on 3/O7/2024,

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and heard ex-parte accordlngly.

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The Appliclnt Bank examined 11 documents through Mr. Amit^{Paul, AssistantManager} marked as Exhibit Annexure - I to Exhlbit Annexure - XI.

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Heard the Ld, Counsel for the Applicant Bank.

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The point that arises for conslderation is^:

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Whether the Applicant Bank ls entitled to the claim^{made in the OA againstthe Defendants} and OA schedule^propertles as^prayed for?

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6, As stated supra, the Defendant remained absent and^{did not turnup to controvert the} version of the O.A. of APplicant Bank.^{The EvidenceAffidavitcoupled withthe recitals in the} documents vlz., Exhibit Annexure^{I to AnnexureXI markedon behalfof the ApplicantBank,} establlshed the clalm of the^{Appllcant Bank agalnstthe Defendantsand OA schedule} properties. Hence, I hold that the Defendants are^jolntly and^{severally liable to payto the} Applicant Bank the clalms^{madein the OA with future lnterest and costs.}

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ln the result, the^present Original^{Appllcationis allowed ex-parte wlth costs, as under:-}

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ORDER

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(1) O.A, No, 114 of 2023 filed by^{the Applicant Bank as allowed and debt is determined with} cost against the defendants, lt^{is hereby orderedthat applicant bankis entitledto} recover from the defendants^{the totalamountto the tune of Rs. 39,14,798 85/- (Rupees} thirty nine lakh fourteen^{thousand seven hundredninetyeight and paise eightyfive} only) with^{pendenteliteand future interest@ 12,OOo/oper annuminterest withsimple} on the amount due from^{the date of filing of the OriginalApplicatlon i'e' 22102/2023till} full and final realizataon of^{the claim amount.}

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(2) Amount, lf any,^{paid by the defendants in the loanaccountsor amount, if any,} recovered by the Applicant^{Bank after fillng of the O A. the same be taken intoaccount} while arriving at the^{exact amount of dues/debt payableby the defendants'} Accordingly,^{pendentelite and futureinterestshall be calculated on the reducedamount'}

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(3) Defendants are debarred^{fromdisposing, alienatingor dealingwlthanyof the properties} belonging to them^{till the aforesaid decretaldebt is recovered from the defendants'}

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(4) Defendants are^{gavena time of thlrtydaysfrom the date of the Judgement/Final Order} for repaying of the^{above mentioned dues, so intimated to them' In casethe defendants} fail to^pay the dues^{withln the above mentioned time, the applicant bank is entitled to} recover its dues by^{sale of secured assets, if any Applicantbank is also entitled to} proceed against personal Properties^{of the defendants (Both movable and immovable)}

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and also^proceed against the defendants^personally to^{recover the dues in accordance} with law.

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(s) Let the Certificate of Recovery be drawn up^{by Ld,Registrarforthwithin terms of} Judgement for issuance of the same^{against defendantsin favourof the applicantbank} under Section 19⁽²²⁾ of the^{Recoveryof DebtsandBankruPtcyAct,1993 and putup} the same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall^{realizethe amount as per theRecoveryCertificatefrom the} defendants in accordance^withlaw

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(7) Ld. Registrar of this^{Tribunal is directedto deliverrecoverycertificatein term of the final} order/judgement for^recovery of^{the sumagainstthe defendantin favourof the} Applicant Bank under Section^{19 (22) of the Recoveryof Debts due to theBankand} Financial Institutions^{Act, 1993 now known as Recoveryof Debts and Bankruptcy Act,} 1993.

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(8) Ihe^parties are directed^{to appear before the RecoveryOfficeron L2/O8/2o24for further} action in accordance^{with law in the eventthe entire amountis not paid by thesa'd} date.

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Accordingly, the Original^{Application beingO.A, No. 114 of 2023 is allowed and stands} disposed of.

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Copy of the Judgement/Finat^{Order be upload in the Tribunal's website'} File is consigned to the^{Record Room.}

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(OEtated to steno, transcribed by^{h€r, corrected, sqnedand} Pronounced bv^{mern the open Court onthis} lori day of luly,²⁰²⁴ )

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( KA|,4AL DE ) PRESIDING^OFFICER

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som/

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)

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case No. oA No, ll4l2o23 Union Bank of India Vs. Lakshmi Kanta Ohara & Ors.
Dat€ of Order Order with signature
Order No.5 Order pronounced (vide separate sheets)
pt.10t0712024
In the result, O.A. No. 114 of 2023 is allowed with costs. lssue
Recovery Certificate accordingly.
Presiding Officer
DRT-3, Kolkata
som

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Debts Recovery Tribunal-3,^Kolkata Order Sheet (Continuation)

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Case No. oA/^{114/ 2023} Unio; Bar* of^{India vs. Lakshmi Kanta Dhara & ors'} Date of order Order with signature Order No.4 Present:. Dt.3l0712024 For Applicant^: For Defendants^: The Registry^{has issued noticeto the Defendantin termsof} order^{passed by this Trlbunal Defendanthasnot turned up} despite^{thefactthat the notices have been served upon the} Defendant,^{Applicant prayed for hearing of the case ex-parte'} The matter^{is pending since 2023Henceright availableto sole} Defendant^{for filing of w'S and counterevidenceis to be} closed.^{It is closed.The oA proceedsfor ex-parte Heard theLd} counsel for^{the ApptlcantReservedfor order'} Applicant^{may file written notes of arguments'} To 7OlO7l2O24^{fot ordet'}

Union Bank of India v. Lakshmi Kanta Dhara and Ors.

Case brief

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Union Bank of India v. Lakshmi Kanta Dhara and Ors.

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