Allowed

Canara Bank v. Pushpa Devi Bengani

DRT6 Aug 2024OA/151/2024

Case brief

AI extract

What is this about?

In this recovery application filed by IDBI Bank Limited against the borrowers and guarantors, the Tribunal, finding the claim established within limitation and jurisdiction, allowed the application. The Defendants were declared jointly and severally liable to pay the receivable amount along with interest secured by mortgaged and hypothecated properties.

What did the court decide?

Defendants ordered to pay Rs. 5,10,26,687/- with interest @ 12.75% p.a.; Recovery Certificate issued; Claim secured by mortgaged/hypothecated property.

Canara Bank versus Pushpa Devi Bengani — Contract and Commercial Disputes | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: - SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O.A. No. 151 OF 2014

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DATE OF DELIVERY OF ORDER : 6^th August, 2024

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IDBI Bank Ltd. , a company incorporated and registered under Companies Act, 1956 (1 of 1956) and a banking company within the meaning of Section 5 (c) of the Banking Regulation Act, 1949 (10 of 1949) and having its Registered Office at “IDBI TOWER”, WTC Complex, Cuffe Parade, Mumbai, -400005 and a Branch Office at 44, Shakespeare Sarani, P.S. Shakespeare Sarani, Kolkata-700017.

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..............APPLICANT

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Punam Auto Care Pvt. Ltd., a company within the meaning of the Companies Act, 1956 having its Registered Office at 156A, Lenin Sarani, Kamalalaya Centre, 2^nd Floor, Room No. 210, P.S. Hare Street, Kolkata-700013.

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Sri Umesh Prasad Shaw, S/o Shri Bharat Lal Shaw, residing at 68, Atindra Mukherjee Lane, P.S. Shibpur, Howrah-711102, DistrictHowrah.

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Sri Manoj Kumar Shaw, S/o Sri Umesh Prasad Sahw, residing at 68, Atindra Mukherjee Lane, P.S. Shibpur, Howrah-711102, DistrictHowrah.

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..............DEFENDANTS

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Counsel for the Applicant Bank: - Ms. Gunja Pachisia & Ms. Aritra Sarkar, Ld Counsel Counsel for the Defendants:- Set ex-parte on 02.07.2024.

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J U D G M E N T

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The present Recovery Application is filed by IDBI Bank Limited, the a banking company incorporated under the provisions of Companies Act, 1956, having its registered Office at “IDBI TOWER”, WTC Complex Cuffee Parade, Mumbai, -400005 and branch office at 44, Shakespeare Sarani, 2^nd Floor, P.S. Shakespeare Sarani, Kolkata-700017,for recovery of Rs. 5,10,26,687/- with interest @ 12.75% p.a. as per contractual rate with monthly rests from

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01.04.2014 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.

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The service of summons was effected upon the Defendants No. 2 & 3 in usual mode of postal service except defendant No.1. Hence, by the order of this Tribunal, the summons were served by substitute service upon the defendant No.1 by publishing in the newspapers namely “ The Telegraph” (in English), “Sunmarg”(in Hindi) and “Ananda Bazar Patrika”(in Bengali) on 25/07/2014 all are published from Kolkata. Despite substituted service of summons and giving sufficient time, the Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the matter was declared ex-parte on 02/07/2024.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Sri T. K. Mohanty, Ld. Advocate and Mr. Kaushik Bagchi, Dy. General Manager of the applicant bank annexing the various documents which are exhibited.

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I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost.

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In the above circumstances it is ordered :

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O R D E R

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i) Claim of the Applicants is allowed with cost.

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ii) The Defendants are jointly and severally liable to pay Rs. 5,10,26,687/- with interest @ 12.75% p.a. as per contractual rate with monthly rests from 01.04.2014 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by mortgaged of immoveable and Moveable property and hypothecated goods described in the Schedule-I, II & III (Annexure”X”) of the OA at Page no. 21 & 22.

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iv) Let, a certificate be issued accordingly.

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v) Ld. Recovery Officer shall realize the amount as per Recovery Certificate from the defendants in accordance with law.

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vi) 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 defendants in favour of the Applicant Bank under Section 19 (22) of the

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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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vii) The parties are directed to appear before the Recovery Officer on 12/09/2024 for further action in 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.151 of 2014 is allowed and stands disposed of. All the IAs, if any, are also disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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File is consigned to the Record Room.

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(Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 6^th August, 2024)

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Place: Kolkata ( Ambuja Mohan Das ) Date: 6^th August 2024 Presiding Officer

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Page No.-		Order Sheet(continuation)
Case No.	OA/151/2014	IDBI Bank Limited Vs. Punam Auto Care Private Limited &	Ors.
Date of the order		Order with signature	Office actio with date a dated signature of parties whe necessary
6^thAugust 2024	Ld. Advoc None app Matter wa The detail the order is as fol i) ii) iii) iv)	ate Ms. Aritra Sarkar appeared for the applicant bank. eared on behalf of the Defendants. s heard in open Court on this the day of 02/07/2024. ed order in three pages annexed separately. The gist of lows: O R D E R Claim of the Applicants is allowed with cost. The Defendants are jointly and severally liable to payRs. 5,10,26,687/- with interest @ 12.75% p.a. as per contractual rate with monthly rests from 01.04.2014 against the Defendants till payment or realization. It is declared that the claim is secured by mortgaged of immoveable and Moveable property and hypothecated goods described in the Schedule-I, II & III (Annexure”X”) of the OA at Page no. 21 & 22. Let, a certificate be issued accordingly.
	v) vi) vii) Accordin allowed and stan Copy of website. File is cons (Dictated t pronounce 2024) Place: Kolkata Date: 6^thAugust	Ld. Recovery Officer shall realize the amount as per Recovery Certificate from the defendants in accordance with law. 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 defendants 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. The parties are directed to appear before the Recovery Officer on 12/09/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. gly, the Original Application being O.A. No.151 of 2014 is ds disposed of. All the IAs, if any, are also disposed of. the Judgment/Final Order be uploaded in the Tribunal’s igned to the Record Room. o Stenographer, transcribed by her, corrected, signed and d by me in the open Court on this the day 6^thAugust, ( Ambuja Mohan Das ) 2024 Presiding Officer

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Canara Bank v. Pushpa Devi Bengani

Case brief

What is this about?

What did the court decide?

Canara Bank v. Pushpa Devi Bengani

Case brief

What is this about?

What did the court decide?

What the court decided

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