Allowed

Canara Bank v. Smt Archana Poddar

DRT14 May 2024OA/140/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the ex-parte original application filed by Canara Bank against Smt. Archana Poddar for recovery of a loan of Rs. 56,66,258.51 with interest and future interest at 10.90% per annum.

What did the court decide?

Recovery of Rs. 56,66,258.51 with future interest at 10.90% p.a.; debarment from alienating properties; 30 days to repay; grant of execution certificate under Section 19(22).

Canara Bank versus Smt Archana Poddar — Banking and Recovery | DRT (2024)

¶1

¶2

¶3

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

¶4

PRESIDING OFFICER.

¶5

O.A. No.14012022

¶6

DATE OF DELIVERY OF ORDER i^74.05.2024

¶7

Canara Bank, a body corporate constituted^{under the Banking} Companies (Acquisition and Transfer of Undertakings)^{Act, 1970} having its Head Office at 112,^{J.C.Road, Bangalore, Karnatakaand} having its Branch Office amongst others at^{1, AboyGuhaRoad,} Kolkata-700006,^(Hatibagan Market^{Branch),P.S. Burtolla.}

¶8

... Applicant Bank.

¶9

-Versus-

¶10

Smt. Archana Poddar, wife of^{Dilip Kumar Poddar, proprietorof M/s.} A.K. Bedcover & Proprietor of^{M/s.A.K. Furnishing of 81, Lake Town,} Block-B, Ground Floor, Kolkata-700089^{and also at 6, BangurAvenue,} Block-D, 5th Floor, Kolkata-700055 and also^{at 7, BangurAvenue,} Block-D, Ground floor, Kolkata-700055.

¶11

... Defendant.

¶12

Counsel for the Applicant^Bank:- ... N4s. S. Ghosh

¶13

Counsel for the Defendant:... Set ex-parte on 10.05.2024.

¶14

]UDGEMENT

¶15

The Applicant Bank filed the^{present OA beingNo OAll4ol2o22on} 15.O3.2022 for recovery of a total^{sum of Rs.56,66,258.51p(Rupees} Fifty-six Lakhs Sixty-six^{ThousandsTwo Hundred Fiftyeight and paise} fifty-one only) from the^{Defendant againstthe creditfacility together} with interest, cost and other^{usual reliefs}

¶16

The Defendant served with^{summons.The Defendantdid not appear,} as there was no^{representation from the Defendant, the case was} fixed for ex-parte on^{10.05.2024, and heardex-parteaccordingly.}

¶17

The Applicant Bank examined^{Mr. Sunil Kumar Shaw and marked 61} documents through^him as^{Ex. Annexure-A1to Ex. Anexure-A61.}

¶18

Heard the Ld. counsel^{for the Applicant Bank.}

¶19

The point that arises for^{considerationis:} Whether the Applicant Bank^{is entitledto the claim madein the OA} against the Defendant and^{OA scheduleproperties as prayed for?}

¶20

As stated supra, the Defendant^{remainedabsent and did not turn up} to controvert the version^of the^{O.A. of ApplicantBank.TheEvidence}

¶21

¶22

¶23

of Affidavit coupled with the recitals in the documents vjz., Exs. Anexure-A-1 to Anexure-A61 marked on behalf of the Applicant Bank, established the claim of the Appticant Bank against the Defendant and OA schedule properties. Hence, I hold that the Defendant is sotely liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

¶24

¶25

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

¶26

ORDERED

¶27

O.A. No.140 of 2022 filed by the Appticant Bank is altowed and debt is determined with cost against the Defendant. It is hereby ordered that applicant bank is entiued to recover from the Defendant the total amount to the tune of Rs.56,66,258.51p (Rupees Fifty-six Lakhs Sixty-six Thousands Two Hundred Fifty eight and paise fifty-one only) with pendentelite and future interest @ 10.900/o per annum interest with quarterly rests on the amount due from the date of filing of the Original Application, i.e. 15.03.2022 till fu and finat reatization of the claim amou nt.

¶28

B. Amount, if any, paid by the Defendant in the loan accounts or amount/ if any, recovered by the Applicant Bank after filing of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the Defendant. Accordingly, pendentelite and future lnterest shall be calculated on the reduced amount.

¶29

c. Defendant is debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the Defendant.

¶30

D. Defendant is given a time of thirty days from the date of the Judgment/Final Order for repaying of the above mentioned dues, so intimated to him. In case the Defendant fails 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. Applicant bank is also entitled to proceed against personal properties of the Defendant (Both movable and immovable) and also proceed against the Defendant personally to recover the dues in accordance with law.

¶31

¶32

E, Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same against Defendant in favour of the applicant bank under Section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

¶33

F. Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the Defendant in accordance with law.

¶34

G. Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment 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 Ba n kruptcy Act, 1993.

¶35

H. The parties are directed to appear before the Recovery OFficer on 18.07.2024 for further action in accordance with law in the event the entire amount is not paid by the said date.

¶36

Accordlngly, the Orlglnal Application being O.A. No.140 of 2022 is allowed and stands disposed of.

¶37

Copy of the ludgement/Final Order be upload in the Tribunal's website.

¶38

File is consigned to the Record Room after observing all formalities.

¶39

(Dictated to steno, transcribed by him, corrected, signed and^pronounced by me in the open Court on this 14th Day of May, 2024)

¶40

( KAMAL DET PRESIDING OFFICER.

¶41

/tsm

¶42

Case No.o.A	.ll4ol2o22	Canara Bankvs.Smt.ArchanaPoddar
Dateof Order		Orderwithsignature	Office action withdateand datedsignature ofparties when
Order Dt.14.05.2024	Present:. ForApplicant ForDefendant	:Ldcounsel14s.S. Ghosh, :LdCounsellvls.S.Khatun
	Orderpronoun	ced^(videseparate sheets).
	Intheresult, costs. IssueR	O.A.No.140of2022 isallowed^with ecoveryCertificateaccordingly.
		(Kamarue, PresidingOffice. DRT-3.Kolkata

¶43

¶44

¶45

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

¶46

Canara Bank

¶47

¶48

Case No.^ollt.4ol2022

¶49

Archana Poddar

¶50

Date of order	Orderwithsignature	Officeaction withdateand dated signatureof partieiwhen necessary
OrderNo.6 1o.05.2024	Present: ForApplicant:Ld.CounselMs.S.Ghosh ForDefendant:Ld.Counselluls. S.Khatun OA/740/22istakenupforex-partehearing. Heard Ld.Counselforbothsides. Considered. Ld.Counselforsole defendant submitsthat defendanthas not received thecopy oftheOA. Butfromthematerialsonrecordit appearsthatcopyof theOAalongwithallannexuresandevidence hasbeen serveduponthedefendant byhandonLB/OU23. Itappearsthatdefendanthasfailedandneglectedto fllewritten statementwithinthestipulatedtimeasinlaw.Accordinglythe caseistakenupfor expartehearing. Heardexparte argument. rol2/O5/24 totdeliveryof^judgment. L.,A (KamalDe) PresidingOfficer-DRT-3
	Thecase isadiournedou>^7.4.--t-'^*'--l' ,l-ol;'[:;;;r^a,t,"1^4iln"r	Up Loadet
	Presiding Officer, l(otlct.0rbtsSrcwcrY^lritunal3

Canara Bank v. Smt Archana Poddar

Case brief

What is this about?

What did the court decide?

Canara Bank v. Smt Archana Poddar

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

Coram

Case details

Similar cases

Central Bank of India versus Sk Kalamuddin

Central Bank of India versus Rekha Gupta and Anr.

Punjab National Bank versus Ms Cool Tech and Anr.

Punjab National Bank versus M/S Saibaba Textiles and Ors.

Punjab National Bank versus Shaon Saha Alias Shaon Bhowal

Punjab National Bank versus M/S G S Trading and Supplier Pvt. Ltd. and Ors.