Allowed

Canara Bank v. M/S Ujjayanta Mustard Oil Industries Private Limited

DRT13 Aug 2024OA/139/2023

Case brief

AI extract

What is this about?

The DRT allowed the bank's application for a Recovery Certificate against a private company and its directors for unpaid term loans and cash credits. The court found the execution of loan documents and admissions in the written statement sufficient to establish liability and maintainability.

What did the court decide?

Recovery Certificate issued for Rs. 56,86,620.93 with interest and costs. Charge kept alive on mortgaged and hypothecated properties. Bank entitled to proceed against secured and personal assets.

Canara Bank versus M/S Ujjayanta Mustard Oil Industries… — Execution and Attachment | DRT (2024)

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oA 1392023/DRT-Guwah.ti

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IN THE DEBTS RECOVERY TRIBUNAL, GUWAHATI

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(North Eastern Region)

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(Tribunal of Assam, Nagaland, Meghataya, Manipur, Mizoram, Arunachat pradesh & Tripura)

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Bofo16 Shrl Shiv Sharan Dubev.^presidino Officsr

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O.A. No. 139/2023

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ln the matter of - CANARA BANK Agadala Branch Banamalipur North, B. K. Road, New Budh Ma€, Chowmohoni, Agartata, District- West Tripura, Tripura, Pin-799001.

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Applicant

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v3.

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,I. M/S UJJAYANTA MUSTARD OIL INDUSTRIES PRIVATE LIMITEO A Company incorporated under Companies Act 1956 having its Registered Office at Stall No. 29, Bardowati Bipani Bitan Mitan Sangha, A. D. Nagar, Tripura, Pin-799003 (Represented by its Directors Defendants No 2 and 3)

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2. SRI RANJIT OEY

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Son of Late Jogesh Chandra Dey

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Resident of - Badharghat, West Tripura Oistrict-

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P.S. - Amtali, Tripura, Pin-799003 Managing Oirector of

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M/s Ujjayanta Mustard Oil lndustries Private Limited (defendant No'l).

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SRI GOUTAM CHOWDHURY

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Son of Gauranga Prasad Chowdhury Resident of - Shanti Palle, Near Agartala Railway Station, A. D. Nagar, Badharghat, West Tripura District, P.S.- A. D. Nagar, Tripura, Pin-799003 Oirector of M/s Ujjayanta Mustard Oil lndustries Private Limited (defendant No 1)

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Defendants

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Pressnce of the Counsol:

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For the Applicant : Mr. Moni Kanchan Bora, Advocate For the Defendants : Mr. Shyamal Kamal Paul, Advocate

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Daled :1310812024

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JUDGMENT

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This is an application under section 19 of the Recovery of Debts Due to Banks and Financial lnstitutions Act, 1993 filed by the Canara Bank, Agartala Branch, Banamalipur North, B. K. Road, New Budh Marg, Chowmohoni, Agartala, District-

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:kwa*

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g.A. 139/2023/DRT€u*!h.ti

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West Tripura, Tripura, Pin-799001, with a prayer to issue Recovery Certificate for the sum of Ra. 56,E6,020.93 (Rup.es Fifty-Six Lakhs Etghty-Six Thousand Six Hundrod Twenty and Paisa Ninoty-Three) only as on 29.02.2023 against the defendants^jointly and severally with pendentelite and future interest thereon at the contractual rate lill realization along with cost and other relief.

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A few facts giving rise to the present application are as under.

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The defendant No.l is a^private Limited Company incorporated under Companies Act 1956 incorporated in the year 2016 and proposed to set up a new unit of manufacturing of Mustered Oil and defendant No.2 and 3 are the Directors. The defendant No.^'l company by Loan Apptication dated O1-06-2017 had applied a financial assislance to purchase machinery for its upcoming Mustered Oil manufacturing unit. The applicant Bank after due consideration by Sanction Memorandum dated 0'l-06-2017 had sanction Term Loan of Rs.39,90,O0O.OO to the defendant No.1. The dofendant No.1 had to repay the loan in 60 EMls of Rs.86,157.00 and rate of interest was 10.70 percant per annum. The Loan account number is 2348766000003. The loan account is covered under CGTMSE scheme.

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ln connection of sancrtion of Term Loan of RS.39,9O,OOO.OO, the defendant No.2 and 3 as direclor of defendant No.1 company had signed and executed the Deed of Hypothecation RE: Machinery dated^,17-06-2017 and hypothecated the machinery purchased out of Bank finance. The defendant No.2 and 3 being director of defendant No.1 had also executed Guarantee Covering Lefter and Guarantee Agreemenl.

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The Tripura lndustrial Development Corporation Ltd. is owner of plot of lndustrial land as described in Schedule A below. By executing a Registered Deed of Lease Being Deed No.7637/20.t6 datad 1E-OB-2016, The Tripura tndustriat Oevelopmenl Corporation Ltd. has lease out the Schedule A plot of land for thirty years to defendant No.1 company to set up its mustered oil manufacturing unit. By Latter dated 08-06-2017 the Tripura tndustrial Development Corporation Ltd, pemitted the defendant No.1 to create mortgage only',Leasehold lntpresf, of

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O.a, 138/2023voRT€uw.h.ti

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Schedute A land. Accordingly, defendant No.,l created the equitable mortgage of "Leasohold lnlercst' of Schedule A land in favour of applicant Bank by executing Letter Evidencing Deposit of rifle Deeds dared ,17-06-2017 and dep*ited the Registered D6ed of Lease Being Deed No.7637/20j6 dated 16_0g-2016 along with some others documents with the appricant Bank. rt is stated that in schedure A land main factory building of the manufacturing unit of defendant No.1 is set up and it is a prime security.

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The defendant No.1 again approached to the applicant Bank and applied for financial assistance to run its existing manufacturing unit and after considering said r6quest, lhe applicant Bank by its Sanction Memorandum daled 22_12_20,t7 had a Cash Credit timit of Rs.1O.OO Lac to defendant No..l. The limit was tenabte for one year. The loan account number is 234g261oiO5OS. The loan account is covered under CGTMSC The Defendant No.2 and 3 being director of defendant No.1 had executed Pronote of Rs.jo.OO Lac dated 22_12-2012, Cash Credit Agreement daled 22-12-20.l,7. The defendant No.2 and 3 also stood as guarantor and executed Guarantee Covering Letter and Guarantee Agreement on 22_12_2017. The defendant No.l also elitended mortgage charge over Schadule A proparty for Cash Credit limit of Rs.1O.OO Lac. by executing Draft LETD dated 2 2_12_2017.

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On the request made on behalf of defendant No.1, the applicant Bank by Sanction Memorandum dated 13-03-201g had sanctioned enhancement of sxisting Cash Credit limit of Rs.10.00 lac to RS.35.OO Lac. The defendant No.2 and 3 had executed Pronote of Rs.25.00 Lac, Letter of Renewal, Link Letter, Supplemental Agreement, DRFT LETD a dated i3-03-2018.

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On the request made on behalf of the defendant No.1, the applicant Bank had renewed tha existing limit for another one year on 06-06-2019 and on OS_09_ 2020. fhe defendant No.2 and g had executed Letter of Renewal, Letter from Guarantor on respective date of renewal,

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On 01-05-2020 on behalf of the defendanl No.1 Acknowledgement of Oebts and Security was executed for term loan Account No.2348766000009 and on

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sr,, Presiding O DRT, Guwahali

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oA. 13!/2023/DRT€wahat

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13-03-2018, 06-06-2019 and 05-09-2020 on behalf of defendant No.1 had executed Ackno\ryledgement of Debts and Security for Cash Credit Account No.2348261010505 and hereby admit the correclness, confirm and acknowledge thal a sum of as menlioned in the said AOD is due and outstanding and also admit, confirm and acknowledge that all the relative documents, agreements, securities and obligation shall remain in force and effect until rspayment of the amount due in the loan accounts.

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On the requast of defendant No.1, the applicant Bank had sanction CFITL (Covid Funded lnterest Term Loan) of Rs.1,90,837.00 on 01-09-2020. The CFTTL loan account number is 2348710000004

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The defandants had availed of the said toan facility from the appticant bank, but have not paid the loan amount as per the terms and conditions as agreed upon with the applicant bank, inspite of repeated demands request and restructure of the loan accounts by the applicant bank. As such the loan account declared NpA on 23-11-2022. The applicant Bank lssued 13(2) Notice on 2O-11-2022 and j3(4) on 04-03-2023.

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The statament of account maintained by the applicant Bank in the usual and ordinary course of business shows that there is an outstanding balance of Rs. 16,46,869,'l l Only in th6 loan account (A"rc No.2348766000003) as on 0A-02-2023. The account became N.P.A. on 23-11-2022 and the interesl lrcm 23-11-2022 to 08-02-2023 comes to Rs. 43, 394.00 only and the total outstanding in the loan account comss to Rs. 16,19,775.11 (liability as on date of NPA) + Rs. 43, 394.00 (interest) - Rs.00.00 (Recovary) - Rs. 16,300.00 (penal interest) = Rs. 16,46,869.11 only and the detendants are legally bound and laable to repay the said amounts to the applicant bank with lnterest till raalization with cost and charges. lt is further certifled that the applicant Bank have not capitalized the penal interest in the loan account and in this ragard relevant certificate in connection thereof has been provided / incorporatad in the statement of account.

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The statement of account maintained by the applicant Bank in the-usual and stilduqt ereso'ne omJC{l DRT, Guwahali

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O.A.¹ 39/202YORT'Guwahalr

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ordinary course of business shows that there is an outstanding balance of Rs.38,05,369.00 Only in the loan account^(4,/c No.2348261010505) as on 2S-02-2023. The account became N.P.A. on 23- 11-2022 and the interest from 23-11-20221o 28-02-2023 comes to Rs.1,95,932.00 only and the total outstanding in the loan account comes to: Rs.36,09,437.00 (liability as on date of NPA)⁺ Rs.'1,95,932.00(lnterest) - Rs.00.00^(Recovery) - Rs.00.00 (penal lnterest) Rs.38,05,369.00 only and the defendants are legally bound and liable to repay the said amounts to the applicant bank with interest till realization with cost and charges. lt is further c€rtilied that the applicant Bank have not capitalized the^penal interest in the loan account and in this regard relevant certificate in connection thereof has been^provided / lncorporated in the statement of account.

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The statement of account maintained by the applicant Bank in the usual and ordinary course of business shows that there is an outstanding balance of Rs.2,34,382.82 Only in the loan account^(4,/c No.2348710000004) as on 28-02-2023. The account became N.P.A. on 23-11-2022 and the inlerest from 23-11-2022 to 28-02-2023 comes to Rs. 36, 897.00 only and the total outstanding in the loan account comes to Rs.1,98,'137.87 (liability as on date of NPA) + Rs.36,897.00 (interest) - Rs.00.00 (Recovery) - Rs.652.05 (penal lnterest)= Rs.2,U,382.82 only and the defendants are legally bound and liable to repay the said amounts to the applicant bank with lnterest till realization with cost and charges. lt is further certified that the applicant Bank have not capitalized the penal inlerest in the loan account and in this regard relevant certificate in connection thereof has been^provided / incorporated in the statement of account.

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The toial liability is Rs.56,86,620.93 against the defendant No.1,2 and 3 for three loan accounts.

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The applicant bank thus became consfained to file the present Original Application for the recovery of Rs. 56,86,620.93 (Rupegs Fifty-Slx LakM Elghty€lx Thousand Six Hundr€d Twonty and Paise Ninaty-Three) only as on 28.02.2023 atong with inreresr and cosr of rhe appticarion.

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o.A 139/2o23loRT-c!e.h.tr

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After filing of the OA the Tibunal issued notces upon the defendants through registered post and the applicant bank tiled service reporl on 12.6.2023 and brought on record the postal receipts along with track consignment report. The leamed counsel for defendants has appeared on the same day i.e. on 12.06.2023 and filed their written statement on 03.08,2023. Thereafter the matter was posled for hearing.

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Supporting the claim of the applicant bank Sd Sanjib Dey, Chief Manager of the Appllcant Bank has filed evidence on affidavit coupled with the security documenb marked as Exhibit AW-'l/1 to AW-1/48 supporting tha claim of the applicant bank details of which are: -.

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Sl.No.	Name of the documents	ExhibitNo.
,		PowerofAttorneydated 30.07.2008
2	LoanApplicationdated 01.06.2017	AW-1t2
3	Sanction Memorandum dated0'1.06.2017	AW-1/3
4	DeedofHypothecation REr Machinerydaledl7-0A-20'17
	Guarantee CoveringLetter No.2)datedlT-06-2017 (Ranjeet Deydefendant	AW-1/5
6	GuaranteeAgreement daledlT-06-2017 (Ranjeet DeydefendantNo.2)	AW-1/6
7	GuaranteeCoveringLetter(GautamChowdhury defendantNo.3)dated17-06-2017
8	Guarantee Agreement (Gautam defendantNo.3) Chowdhurydated17-06-2017	AW-1/8
I	Lefter 2017 Evidencing DepositofTitleDeeddatedlT-06-	AW-1/9
10	Registered DeedofLeasebeingDeedNo.76372016 dated16-08-2016	AW-1/10
't'l	NOCissuedbyTripuralndustrialDevelopment corporationLtd. dated 08-06-2017	AW-1/1't
12	ValuationReport dated 26-05-20'l7	AW-1112
13	SanctionMemorandumdaled 22-12-2017	AW- l/'13
14	tuonoledated 22-12-2017
'15	Cash CreditAgreementdaled 22-12-2017	AW-1/15
'16	Guarantee CoveringLetter No.z\dated22j12-2017 (Ranjeet Deydefendant	AW-1/16
17	Guarantee Agreement(RanjeetDeydefendantNo2) daled 22-12-2017	AW-1t17
18	GuaranteeCoveringLetter(GautamChowdhury defendantNo3) dated 22-12-2017	AW- t/'18
19	GuaranteeAgreement(Gautam Chowdhurydefendant No.3\dated 22-12-2017	AW-t/19
20	Draft LETD dated 22-12-2017	AW-1/20
21	SanctionMemorandumdated13-03-2018	AW-1D1
22	Pronotedated13-03-2018	AW-1t22
23	LetterofRenewaldated^'13-03-2018	AW-lD3
24	Link Letterdated13-03-2018	AW-1124
,F	Supplemental Agreementdated13-03-20'18	AW-1t25

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26	GuaranteeCoveringLetter(Ranjeet Dey defenOantNo 2)dated13-03-201 8	AW-1/26
	Guarantee Agreement dated^'t3-03-2018 (Ranjeet Deydefendant No. 2)	AW-1127
28	GuaranteeCoveringLetter(GautamChowdhury defendantNo.3)dated13-03-2018	AW-1/28
29	GuaranteeAgreement(Gautam Chowdhury defendant No.3)dated13-03-2018	AW-1D9
30	OraftLETOdated13-03-2018	AW-1/30
3t	LoanApplicationdated06-06-20'1I	AW-1/31
	Sanction Memorandum dated06-06-2010	AW-1/32
	Letter of Renewal dated 06-06-2019	AW-1/33
34	LetterfromGuarantor dated06-06-2019 (Ranjeey Deydefendant No. 2)	34AW-1
35	Letter FromGuarantor (Gautam Chowdhury defendant No. 3) dated 06-06-2019	AW-1/35
Jt)	SanctionMemorandum dated 05-09-2020	AW-1/36
	LetterofRenewal dated 05-09-2020	AW-1t37
38	Letter FromGuarantorlnanpetDeyaEfenOanttlo.4 dated 05-09-2020	AW-1/38
39	Letter FromGuarantor (Gautam Chowdhury defendant No.3)dated05-09-2020	AW-1/39
40	AcknowledgementofDebtandSecurityforLoan AccountNo.2348766000003dated 01-05-2020	AW-1/40
41	Acknowledgement '13-03-2018 of Debt andSecuritydated	AW-1/41
42	Acknowledgement 06-06-2019 ofDebtandSecurity dated	AW-1t42
43	Acknowledgement 05-09-2020 of DebtandSecuritydated	AW-1/43
44	Certifiedcopies No.2348766000003 of Stalement of Account
45	SheetShowingPenallnterest	AW-1/45
46	Certifledcopies 2348261010505 ofStatement ofAccount No.	AW-1/46
47	Certifiedcopies 2348710000004 ofStatement ofAccount No.
48	Sheet showing^penallnterest	AW-1/48

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The defendants have appeared and contested the claim of the applicant bank by filing written statement stating interalia therein that they had admitted that the appticant bank has sanctioned term loan of Rs.39,90,000/- vide sanction memorandum dated 01.06.2017 in favour of the defendant no.1 and the defendant no. 2 & 3 being direclors of the defendant no.1 have executed the documents in respect of the hypothecation of the machinery. lt is further stated that the defendants had started to pay the installmant and after that again the term of the loan period has been extended till 05.0S.2020 and on that date the liabilities of the defendants stood at Rs.35,16,000/-. lt is also admitted by these answ€ring defendants that they have

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o.A 139/2o2uDRT-Guwshati

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furlher availed financial/assistance of cash credit and facilities CFITL loan from the applicant bank and accordingly an amount of Rs.76,80,837! is liable to pay by the defendants as on 01.09.2020 in total. From time to time paid the defendants have paid installments and stood the total liability of the defendants at Rs.56,86,620.93 till the filing of th6 case as per the applicant bank. The applicant bank has took over the possession of the defendant's company with all belongings, machineries and other materials on 04.04.2023 under the Securitization and Reconstruction of Financial Assets and Enforcement of Security lnterest Act, 2002 and the value of which is approximately Rs.60,00,000/- and as the applicant bank took over the possession of the company the defendants no.1 and 2 could not run their business and failed to continue their business and^pay the instalments and accordingly the applicant bank made the aforesaid three accounts as NPA. The defendants are now living hand to month and is facing very financial hardship as such they are not in a position to repay their loan amount to the applicant bank and as such the machineries and other matarials which the applicant bank has already taken possession from the defendants, may be auclioned by the applicanl bank and adjust the amount with the liabilities of the defendants and thereafter the balance amount may kindly be retumed back to the defendants.

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Heard the learned counsel for the applicant bank vyho prayed for issuance of Recovery Certificate against the detendants as per pleadings made in the Application, suppo ed by evidence on affidavit of their witness who affirmed on oath the execution of the security and other documenls by the defendants and also execution of their own documents relied upon, which hava been mafted exhibits.

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None has appeared for the defendants to put forth their arguments.

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I have carefully perused the documenb on racord including original application,

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evidence on affidavit and exhibiied documents as wall as written statoment filed by the derendants

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It is obs€rved that the defendants have not denied the availment of loan, execution of documenb and their signaturg on the same.

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It is evident from the statement of account filed by the applicant bank that the defendants have defaulted in repayment of the loan. lf there is default in repaym€nt of the loan the applicant bank has every right to proceed against the defendanb for realization of the outstanding dues. Hence, I have no hesitation to hold that this original application is maintainable.

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The applicant bank has produced on re@rd the copies of Ule statement of account in respect of th€ defendanb, duly certified under Bankers, Books Evidence Act The applicant bank by the evidence-on-afiidavit of Sri Sanjib Dey, Chief Manager of the applicant bank had deposed the corec{ness of the affidavit and ceftfied copy of the account. Beyond that nolhing more has to be deposed by an ofricer of the bank. lt is thus obvious that apart from the entries of the Eooks of account there are ample eviden@ on the record to conoborate the said entries.

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The documents executed by the dafendants are duly proved by the applicant bank and the witness of the applicant. The applicant has suflicient cause of action for tiling the instant application due to disbursemenuavailment of loan to/by the defendants and on defauh in repaymeni of the loan by the defendants, inspite of demands made, as per exhibited documents filed by the applicant bank.

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Considering the facls and circumstances of the case, I am of the considered view that lhe documents filed by the applicant bank are supporting the ctaim of the applicant bank and establishing the liability of the defendants. lt is proved that the defendants are liable to pay to the applicant bank the claim made in the Original Application. The loans were obtained and documents have been executed on 17.06.2017, 22.12.2017, 13.03.2018, 06.06.2019 & 05.09.2020. Acknowtedgement of Oebt and Security are dated 13.03.2018, 06.00.2019, 0't.05.2020 & 05.09.2020. The ac@unts became NPAon23.11.2022 and the OA has been filed

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A; A.^^n*," ,.*o.nffit4Y 0 DRT Guwahai

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OA 1392023/ORr-Guwahan

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on 11.U.2023. Hence, the OA is ,iled well within the period of limitation and this Tribunat having a iurisdiclion to adjudicate the Odginat Application.

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Considering the version of by Sri Sanjib Dey, the applicant,s witnoss and a[ the documents marked as exhibits, including duty cediried copy of the statement of account along with interest calculation sheet maintained by the applicant Bank in it,s regular course of business. I hold that the applicant is entifled lo get the Recovery Certificate as prayed for.

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rn the resurt, the pressnt originar Apprication No. 139 0f 2023 is a[owsd with cost as under: -

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i) The defendants No^.1, 2 & 3 are joinfly and severally liable to pay to the applicant bank a sum of Rs. 56,86,620.93 (Rupees Ftfty_Six Lakhs EightySix Thousand Six Hundred Twonty and palsa Ntnety-Threo) onty with pendentelite and future interest @10.70% p.a. with monthly rests from 01.03.2023 till the date of fufl paymenurealization and also cosl of the application.

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ii) The charge of the certilicated amount be kept alive on mortgaged property i.e. Leasehold interest of land measuring O,7.l07 acres (2g76.20 SeM) tndustrial Land at Oukli lndustrial Area, R. S. plot No. 12313(p), Khatian No.3378/2, Oistrict-West Tripura,^p.S.-Amtali, Sub Division- Sadar, Sub Registry OfficeSadar, Agartata, Tahashil-Dukti, Mouza-Dukti, Tripu€ and boundad by North: Boundary Wall; South: lntemal Road; East: Overhead Tank; West: lnternal Road, as described in Scheduls-A of the OA tifl the amount is realized in fu . iii) The charge of the certificated amount be kept alive on hypothecated properties, as described in Schedule-B of the OA till the amount is realized in full.

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iv) The applicant bank is entitled to proceed against the secured items towards recovery of the debls.

*,W.1

OA 13mo2gDRT€wahati

v) The applicant bank is also ontitled to procged against the personal assets and properties of the defendants towards recovery of the dues.

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vl) The applicanl bank is entitled to the costs of the O.A. which includes the advocate fees of the applicant bank. Applicant is directed to file the cost memo within 2 weeks from today.

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vii) lssue Recovery Certificate accordingly for a sum RB. 56,E6,620.93 (Rupeeg Fifty€ir Lakhs Eighty€ix Thou3and Six Hundrcd Twsnty and paba Ninoty-Threo) only in favour of the applicant bank agalnst the defendants No. 1,2 & 3.

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viii) Communicate copy of this order to he concemed parties. This order is dictated and corrected by the undersigned.

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Judgment dated 13h August' 2024, signed and pronounc€d in the Tribunal

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today under my signature.

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Copy of the JudgmenuFinal Order be uploaded in the Tribunal,s Website and file be consigned to Record Room.

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ilt^*trNil (Shlv Sharan Dubby)' ' Presiding Officor DRT, Guwahati.

Canara Bank v. M/S Ujjayanta Mustard Oil Industries Private Limited

Case brief

What is this about?

What did the court decide?

Canara Bank v. M/S Ujjayanta Mustard Oil Industries Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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