Allowed

Bank of India v. Ratna Sarkar

DRT12 Dec 2024OA/127/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed Bank of India's ex-parte original application filed for recovery of a term loan of Rs. 21.68 lakh. The court determined the debt, granted 12% pendent lite interest, and ordered a recovery certificate under Section 19(22) of the RDB Act.

What did the court decide?

Recovery of Rs. 21,68,552.39 with 12% pendent lite interest; issuance of recovery certificate under Section 19(22) RDB Act; stay on alienation of assets; 30-day repayment grace period.

Bank of India versus Ratna Sarkar — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA

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PRESENT: - SRI KAMAL DE

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PRESIDING OFFICER

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o,A. No. 1,27 0f 2024

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DATE oF DELIVERY oF ORDER I t2/1212024

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BANK OF lt{DIA, a body corporate constituted under the Banking Companies (Acquisltion and Transfer of Undertakjngs) Act, 1970, havtng its Head Office at Star House, C-5, Block "G", Bandra, Kurla Complex Bandra (East), t4umba|-4OOO51 and carries on Banking Business inter alaa at 161/3, Rashbehari Avenue, p.S. Garaahat, Kolkata, commonly known as Bank of India, Rash Behari Branch, hereinafter referred as the "Applicant Bank", within the jurisdiction of thts Learned Tribunal.

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... Applicant Bank

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_ Versus -

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Ratna Sarkar, wife of Subir Sarkar, proprietor of Adrlka Constructjon, residing at 59/1/1, lorabagan Road, Kolkata - 7OOO47 and also office at 581, R N Chakraborty Road, Kolkata - 700147

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Defendant

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Counsel for the Applicant Bank: -

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Mr.AKRoy,Advocate Set ex-parte on 2/12/2024

JUDGEMENT

The Applicant Bank flted the present OA belng No. O.A. L27 of 2024 on zLlO2/2O24 for recovery of a total sum of Rs. 21,6A,552,39/- (Rupees twenty one takh sixty eight thousand five hundred flfty two and paise thirty nine onry) from the Defendants towards term roan together wtth inte.est, cost and other usual rellefs.

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The Defendants are served with summons. The defendants did not appear, as there was no representauon from the defendants, the case was flxed for ex_parte hearing on 2/12/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 27 documents through Mr, Peter Mandal, Chief Manager and Constituted Attorney, marked as Exhibit Annexure _ A to Exhibit Annexure - J,

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that a ses for consideratron t5 :

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

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As stated supra, the oefendant remained absent and did not turn up to controvert the version of the o,A. of Appricant Bank. The Evidence Affidavit coupred with the recitals in the documents viz.. Exhibit Annexure - A to Annexure _ l, marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinUy and severally ljabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present originar Appracation isalowed ex-parte with costs, as unde._

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ORDER

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l O.A. No. 127 of 2024 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune of Rs. 21,6g,552.39/_ (Rupees twenty one lakh sixty eight thousand five hundred fifty two and paise thirty nine only) with pendentelite and future interest @ 12.OOo/o per annum interest with simple on the amount due from the date of fiting of the Original Applicaflon i.e. 21/02/2024 tilt full and fanal realization of the claim amount.

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(2)

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Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Appricant Bank after firing of the o.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future Interest shall be calculated on the reducec, amount.

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Oefendants are debarred from djsposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the Judgement/Finat Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entiued to recover its dues by sale of secured assets, if any. Appltcant bank is also entiued to proceed against personal propefties of the defendants (Both movable and immovable) and arso proceed against the defendants personalry to recover the dues in accordance wath law-

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(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same agatnst defendants in favour of the applacant bank

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under Section L9 (22) ot the Recovery of Debts and Bankruptcy Act, 1993 and put up

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the same for issuance of the Certificate.

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(6) Ld, Recovery Offlcer shall reallze the amount as^per the Recovery Certlficate^{from the} defendants rn accordance with Iaw.

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(7) Ld. Registrar of this Trlbunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant 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.

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(B) The parties are directed to appear before the Recovery Officer on 13/0U2025 for further action an accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O,A, No, 127 of 2024 is allowed and stands disposed of.

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Copy of the Judgement/Final Order be upload In the Tribunal's website. File is consigned to the Record Room.

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(Oictated to steno, t.anschb€d by him, corr€.ted, signed and Pronounced by me in the open Cou( on this l2ri Day of Decemb€r, 2024 )

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( KAi'4AL DE ) PRESIDING OFFICER

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

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Case No. OA No. L27/2024 Bank of India Vs. natna Sarkar
Date of Ord€r
Order No. 5
Dt.12/ 12t 2024 Order pronounced (vide separate sheets).
In the result, O.A. No. 127 of 2024 is allowed wtth costs. Issue
Recovery Cer fi cate accordingly.
( Kamal De )
Preslding Officer
DRT-3, Kolkata

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

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CaseNo,OA/7	27/2024	BankofIndiaVs. RatnaSarkt
OateofOrder		Orderwithsignature
OrderNo,4 Dt,2/12t2024	Present:, ForApplicant : ForDefendants:	Mr. AKRoy,LdCounsel. None
	TheRegistry ha orderpassedby despitethefact Oefendant.Appli The matterisp availabletosol evidenceistobe parte.Heardthe order.	s issued noticetotheDefendantinterms of thlsTribunal.Defendanthasnotturnedup that thenotices have been served uponthe cant prayedforhearingofthecaseex-parte. endangsinceFebruary,2024.Hence right eDefendantforfilingofW.S.andcounter closed.Itisctosed.TheOAproceedsforex_ LdCounselfortheApplicant.Reservedfor
	Applicant mayfile	writtennotesof arguments.
		(KamalDe ) Presiding Officer DRT-3.Kolkata

Bank of India v. Ratna Sarkar

Case brief

What is this about?

What did the court decide?

Bank of India v. Ratna Sarkar

Case brief

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What did the court decide?

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