Allowed

Union Bank of India v. Daulat Parasampuria and Anr.

DRT11 Sept 2024OA/13/2024

Case brief

AI extract

What is this about?

At Dr. No. 13 of 2024, the Debts Recovery Tribunal allowed the Union Bank of India's application ex-parte. Recognizing the absence of defendants, the Tribunal accepted bank-documented claims for recovery of Rs. 71,22,126.85 with interest and costs, issuing a recovery certificate under RDms Act and debarment from alienation.

What did the court decide?

Petitioner entitled to recover Rs. 71,22,126.85 with future interest and costs. Defendants debarred from alienating properties. Recovery Certificate issued under Section 19(22) of RD&BA Act, 1993.

Union Bank of India versus Daulat Parasampuria and Anr. — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRISUNAL.III KOLXATA PRESENT:^.sRt KAMAL DE.

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PRESIOING OFFICER.

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O,A, No. 13 OF 2024.

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DATE OF DELIVERY OF ORDER I tL/Og/2024

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Union Bank of tndia is a body corporate constituted under the provrsions of the Eanking companies (Acquisition and rransfer of undertakings) nct, rsz0. navrng rts Registered Head Office at 239, Vidhan Bhawan i4arg, frtiuii.ui poini, ,un,Ou,400021, Maharashtra and carrying on business through rts different branches including one at a Branch office at Strand Road Branch] :A, St.an;;ao, e,nun, Euilding, tn Floor, p.S. Burrabazar, Kolkata-7OOOOl, commonly uno*,i-u, ,n,on Bank of Indra, Strand Road Branch, within the jurisdictilcn of this Ll. Tr;unat.

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Applicant Bank.

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-Versus-

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t. Mr. Da-rrlat parasrampuna, prop. of M/s. D. K. Engrneenng Works, , 55, Dharamtolta Road, Satkra, Howrah-711 t06, wrthin the junsdrctio; as ufoi..",a

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And also at

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Mr. Daulat^{parasrampurla,} proo. of-M/s_ D. K. Engtneering Works, Bodar Jugberrd, Industnat Estate, Bodai panch;vat noa-0, SoOepur,.p.l. Ciof"i,rvoni.zo ,".gunur, PIN.700127, wrthin the junsdrctron as aioresard_

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And also at

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IYr. Daulat parasramDufla, proD. of M/s.-D. K. Engtneenng Works, Flat JC, Btock A, ttB rown Road, s"i"p'i, x'"r'r"tu,'zooiio, *rtr,,n ,,," ,',;ii:.1.;I'"Ui::*li.Nrwas'

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. 2. t4rs.^preeti parasrampufla. w/o .Mr. Dauldt parasrampuria, Flat 3C, Btock A, 3 N,was, HB rown Road, soo"p,i, i<orrltullbJr'io, wr*r,n tne iJ::.:,.i;"flT:;:1"".

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And also at

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i[: ^ii::!, ?itr?,x.'#:"6#""; #: ??'r:t-^{Parasrampu'a,32l r A,sh ree} N,keta n, 7ooo54, within *re;urtsaiction ai J#rX1da' dP^{o Kakurgachi'P s Phulbagan.} Kolkata

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DeFendants.

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Counsel for the Applicant Banki

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Bananr Upadhyay Bhattacharjee, Advocate, Set ex-parte on o1/08/2024

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JUDGEMENT

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The Appticant Bank fited the preseht O.A. being No, O.A./13/2O24 on 27/72/2023 for recovery of a total sum of Rs. 71,22,126.85/_ (Rupees seventy one takh twenty two thousand ooe hundred twenty six and paisa eighty five only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants did not appear, a5 there was no representation from the defendants, the case was fixed for ex-parte hearing on OIlOB/2024, and heard ex-parte accordangly.

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The Applacant Bank examined 38 documents through Sri SuJit Kumar, Senior Manager marked as Exhibit Annexure-A_1 to Exhibit Annexure-A-3g.

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Heard the Ld. Counset for the Appticant Bank.

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The point that arises for consaderation is I

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Whether the Applicant Bank is entiU€ claim made in the oA aqainst the Defendants and oA schedure p.op".ti". p."v"a rlo.the ".

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As stated supra, the Defendant rema version or the o A "r App,i.""t Bunkll"hd"'J::::i#:j1::;,:: :#I:":Tjl" documents viz.. Exhibits Annexure-A_ "^,." to Exhibit Annexure- A-38 marked on behalf of the Applacant Bank, estabrashed the craim of th" APP|icunt Bank against the Defendants and oA schedure properties. Hence, I hord ,noefendants are jointlv and severally liable to pay to the Appricant Bank trre ctaims maal r in the OA with future interest and costs,

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In the result, the present Original Application is allowed ex-parte with costs, as under:_

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ORDER

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(r) O.A. No. t3 of 2024 fited by the Appticant Bank is aflowed and debt is determined with cost against the defendants. It is he ordered that applicant bank is entitled to recover from

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the defendants ,n" ao,u, u,norrt"o' to tn" tune of Rs TL'22'126'85/- (Rupees seventy one

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Iakh twenty two thousand on," n'not"o twenty six and paisa eighty five only) with

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pendentelite and future,n,".ur,t due rrom the date or n ne;;,r1:ffi: T;;:::l"T:";:;::;f mffi::: realization of the claim amount.

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(2) Amount, if any, paid by the defer

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rhe App,.cant Bank arter ,,,,, ;':;j:.1 ,1"" :ffi.:i:::.il"jllJli}; ,Tl?ilil li

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the exact amount of dues/debt payabte by the defendants. '- -""'",',pendentetite and

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future rnterest shal be carcurated on the reduced ";;;;. ^.-irr",

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(3) Defendants are debarred from di betonging to them till th" ufo."."i,^{F9' alienatingor dealingwith any of the properties} , decretal debt is recovered from the defendants.

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(4) Defendants are given a time of th days from the date of the ludgement/Final order for

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repaying of the above mentioned (irty intimated to them' In case the defendants fail to

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pay the dues within the aboven1u"ut"o dues by sa,e or sectrred ".*,",,Jil:'^il:j[:::'::":::'J: :":":,j,:1_,"::.ffi::

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personal properties of the defendants (Both movable and immovable) and atso proceed agarnst 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. Registrar forthwath in terms of Judgement for issuance of the same agaihst defendants in favour of the applicant bank

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the

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same for rssuance of the CerttFrcate

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants rn accordance with law

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(7) Ld. Regrstrar of this Tribunal as directed to delaver recovery certaficate in term of the frnal

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order/judgement for recovery of the sum against the defendant in favour of the Appljcant

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Bank under Section 19 (22) ot the Recovery of Debts due to the Bank and Financrat 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 o5l11/2024 for furrher actron rn accordance with law rn the event the entrre amount is not paid by the said date_

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Accordrngly, the Originat Apptrcation being O.A. No. 13 of 2024 is a owed and stands disposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunal,s website. File ts consigned to the Record Room.

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lloJr-o_Ynce.d ( DrCtated -to^{.st bvle eno, in the transcibed opencourt by her, on correctect,} ihe rri;iii^{Srgne(, -"""} and or september, 2024)

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( r(AtYAL Da, PRESIDING OFFICER

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

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Case No. OA No. 13 of 2024 Union Eank Of India Vs. Daulat Parasrampuria & Anr.
lllt
Date of Order Order with signature
I-I
Order No.07
Order pronounced (vide separate sheets).
Dt.11t09/2024
In the result, O.A. No. 13 of 2024 ts allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
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	DebtsRecoveryTribunal-3,Kolkata OrderSheet (Continuation)
CaseNo,O.A./	lJnion EankofIndiaVs. DaulatParasrampuria & Anr. 13/ 2024
	Orderwithsignature
OrderNo.06 ot.oltoB/2024 s5	Presenti. ForApplicantILd.AdvocateBananiUpadhyay Bhattacharjee ForDefendants:None The Registryhasissued noticetotheDefendantinterms of orderpassedby thisTrabunal.Defendanthasnot turnedup despitethe factthatthenotices have been serveduponthe Defendant. Applicant prayedforhearingofthecaseex_parte. Thematterispending slnce2023.Hencerightavailabletosole Defendantforfilingofw,S.andcounterevidenceistobe closed.ttisclosed, TheOAproceedsfor ex-parte,HeardtheLd Counselfor the Applicant.Reservedfororder. Applicant may filewrittennotesof arguments. ro1l/09/2024foro,der.
l	(KamalDe) PresidingOffjcer 0RT-3, Kolkata

Union Bank of India v. Daulat Parasampuria and Anr.

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Daulat Parasampuria and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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