Allowed

Bank of India v. Mukesh Kumar Singh and Anr.

DRT18 Jul 2024OA/159/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an ex-parte application by Bank of India against absent defendants for recovery of an overdraft mortgage loan of Rs. 25,73,661.83 with future interest. The Tribunal sanctioned a recovery certificate under the Recovery of Debts and Bankruptcy Act, 1993 and granted a 30-day repayment period.

What did the court decide?

Recovery of Rs. 25,73,661.83 plus future interest at 10.40% per annum; issuance of Recovery Certificate under S. 19(22), RDB Act; 30-day repayment period; debarment from alienating properties.

Bank of India versus Mukesh Kumar Singh and Anr. — Banking and Recovery | DRT (2024)

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e f,

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BEFORE THE OEETS RECOVERY TRIBUNAL-III^KOLKATA PRESENTi.SRI KAMAL DE.

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PRESIDING OFFICER.

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o.A. No, 159 OF 2023.

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DATE OF DELIVERY OF ORDER I^IAIOT /2024

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Bank of India, a body corporate constituted under the^{BankrngCompanies} (Acquisition and Transfer of Undertakings) Act, 1970 and having its Head Office^at "star House", C-5, Block-'G', Bandra Kurla Complex, Bandra^{(East),Mumbai-400051} and carrying on business, inter-alia,^{at its Eank of India, EarrackporeBranch, P O} Nonachandanpukur, Barrackpore, North 24^{Parganas,West Bengal,Pin 700122,} within the^jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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-Versus-

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Nlukesh Kumar Singh,^(PAN No. GCAPS6048N),^{son of Surendra Singh, residing at} 19, l4ominpara, Jagaddal, Barrackpore,^{west Bengal, Pin'743125}

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Surendra Sinqh.^(PAN No. EYGPS6377L),^son of^{Ranasingh, residingat 19,} Mominpara, lagaddal. Barrackpore, West Bengal,^Pin-743125

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Defendants.

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Counsel for the Applicant Bank:^-

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Aritra Kumar Roy, Advocate,

Set ex-Parte on

70/07/2024

JUOGEMENT

The Applicant Bank filed the^present O.A.^{being NoO.A/159/2023on 09/0312023 for} recovery of a total sum of Rs.^{25,73,661,83/-(Rupeestwenty five lakhseventythree} thousand six hundred sixty one^{andpaisa eighty threeonly) from the Defendants towards} Overdraft Mortqage Loan together^{with interest, costand otherusual reliefs}

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The Defendants are served with summons,^{The defendantsdid not appear, as there was no} representation from the defendants, the^{case wasfixedfor ex-partehearingon 10/07/2024,} and heard ex-parte accordinglY.

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The Applicant Bank examined 29 documents^through Sri Kartick Saradar, Chief^lvlanaqer marked as Exhibit Annexure-A to^{Exhibit Annexure-K.}

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Heard the Ld. Counsel for the Applicant^8ank.

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The^point that arises for consideration^{is :}

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Whether the Applicant Bank is entitled to the claim madeⁱⁿ the^{oA againstthe Defendants} and OA schedule^properties as^prayed for?

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As stated supra, the Defendant remained absent and did^{not turnup to controvert the} version of the O.A. of Applicant Bank. The Evidence Affadavit coupled^{with the recitalsin the} documents vaz.. Exhibits Annexure-A to Exhibit^{Annexure-K 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 jointly and severally liable to pay} to the Applicant Bank the claims made in the OA^{with future interest andcosts.}

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In the result, the^present Original Application is allowed ex-parte^{withcosts,as under;-}

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ORDER

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(1)O.A. No. 159 of 2023 filed by the Applicant Bank is allowed and debt is determined^{with cost} against the defendants. It is hereby ordered^{that applicantbankis entitled to recover from} the defendants the total amount to the tune of^{Rs 25,73t661,A31-(Rupeestwenty five lakh} seventy three thousand six hundred sixty one and^paisa eighty^{three only) withpendentelite} and future interest @ 10.40qo^per annum^{interest withsimple on the amount duefromthe} date of filing of the Original Application i.e, 09/03/2023^{till full and final realization of the} claim amount.

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(2) Amount, if any, paid by the defendants an the loan accounts or amount,^if any,^recoveredby the Applicant Bank after filing of the O.A.^{the same be taken intoaccountwhile arriving at} the exact amount of dues/debt^{payable by the defendants, Accordingly, pendentelite and} future interest shall be calculated on the^{reducedamount.}

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(3) Defendants are debarred from disposing, alienating or dealing^{with any of theproperties} 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^{.ludgement/Final Orderfor} repaying of the above mentioned dues, so^{intimated to them. ln casethe defendantsfail to} pay the dues within the above mentioned tame, the applicant bank^is entitled^{to recoverlts} dues by sale of secured assets, if any.^{Applicant bank is also entitled to proceed against} personal properties of the defendants (Both movable and immovable) and^alsoproceed against the defendants^personally to^{recover the duesin accordancewith law.}

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(s)Let the Certificate of Recovery be drawn up by Ld. Registrar^{forthwath in termsof} Judgement for issuance of the^{same against defendantsin favour of the applicantbank} under Section 19⁽²²⁾ of the^{Recoveryof Debtsand BankruptcyAct, 1993 and put up the} same for issuance of the certificate

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(6) Ld. Recovery Offacer shall realize the amount as^{per the Recovery Certificate from} defendants in accordance with law.

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(7)Ld. Registrar of thls Tribunal^{ls directed to deliver recovery certificate in term of the final} order/judgement^{for recovery of the sum against the defendantin favourof theApplicant} Eank under section^{19 (22) of the Recovery of Debts due to the Bank and Financial} lnstitutions^{Act, 1993 now knownas Recoveryof Debtsand BankruptcyAct' 1993}

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(8)The parties are directed^{to appear before the Recoveryofficer on 19/08/2024 for further} action in accordance^{with law ln the eventthe entlre amount is not paid by the said date'}

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Accordingly, the^{Original Application beingo A No 159 of 2023is allowedandstands} disposed of.

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Copy of the Judqement/Final^{Order b€ uploadedin the Tribunal'swebsite'} File is consigned to^{the Record Room.}

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{Drctated to steno, transcnbed^{by her, corrected,slgned and} oionorn."o oy."^{in the openCourt on the18rhday} of JtJly, 2024,

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( KAI4AL DE ) PRESIDING^OFFICER,

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

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Eank-iindia \rs. ,"ukesh Kumar singh & Anr'
Case tto. Ol No. 159 of 2023
Order No.05 Order pronounced (vide separate sheets)'
ot.ta/0? /2024
In the result, O.A. No. 159 of 2023 is allowed with costs lssue
Recovery Certif icate accordinglY.
( Kamal De )
Presiding Officer
DRT-3, Kolkata

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

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CaseNo. O.A./	159/2023 BankofIndiaVs,Mukesh Kumar Singh & Anr.
	Orderwithsignature
OrderNo.04 Dt.10t07/2024	Present:. ForApplicant:Ld.AdvocateAritraKumarRoy ForDefendants:None
	TheRegistryhasassuednoticetotheDefendantinterms of orderpassedbythisTribunal.Defendanthasnotturnedup despitethe fact thatthenotices have been served uponthe Defendant. Applicaht prayedforhearingof thecase ex-parte. Thematterispending since2023.Hencerightavailabletosole DefendantforfilingofW,S.andcounterevidenceistobe closed.Itis closed. TheOA proceedsforex_parte. HeardtheLd Counselfor the Applicant,Reservedfororder. Applicant may filewrittennotes of arguments. fo18/07/2024fo.order.
	(Kamat De) PresidingOfficer DRT-3, Kotkata

Bank of India v. Mukesh Kumar Singh and Anr.

Case brief

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Bank of India v. Mukesh Kumar Singh and Anr.

Case brief

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