Allowed

State Bank of India v. Dinesh Chandra Rawat

DRT20 Feb 2024OA/173/2022

Case brief

AI extract

What is this about?

This is an ex-parte judgment of the Debts Recovery Tribunal. The bank sought recovery of a debt of approximately Rs. 1.14 crore for Cash Credit and Term Loans. The defendant failed to appear. The Tribunal allowed the application, determined the debt, and issued relief for recovery including a recovery certificate.

What did the court decide?

Allowance of Original Application, determination of debt, issuance of Recovery Certificate, and 30-day repayment notice.

State Bank of India versus Dinesh Chandra Rawat — Specific Performance | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III^KOLTATA PRESENT: -SRl KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 173 oF 2022.

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DATE OF DELIVERY oF ORDER | 2olo2l2024

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State Bank of India is a banking^{institutionand a body corporateconstituted,} incorporated and formed by and under the^provisions of the^{StateBankof India Act,} 1955 and carrying on their banking business inter alia amongst^{othersat thelr} Rasapunja branch, 222, ThakLrrpukur- Bibirhat_ Bakhrahat-^{Raipur Road, Naurbad,} District 24 Parganas^(South), West Bengal-700104, within the iurisdiction^{of this Ld} Tribunal, Phone No: 033-24980110, e-mail: sbi.0B375(asbl.co.in,^{representedby} Stressed Assets Recovery Branch, South Bengal commonly known^{as "SARB, South} Bengal" "Jeevandeep Building" 1, Middleton Street,^2nd Floor, Kolkata-700071,^Phone Nor 033-22884437 Email: [email protected]

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Applicant Bank.

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-Versus-

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Sri Dinesh Chandra Rawat, son of Shamlal Rawat, carrying on business as Proprietor under the name and style of lvlls. Chandini Green House from Green Mall, Village Samokpota, Nandabhanga, Eakrahat Road, District 24 Parganas (S), West Bengal743503.

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Defendant.

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Counsel for the Applicant Bank:

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Anirban Pramanick, Advocate,

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Set ex-parte on 30/01/2024

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JUDGEMENT

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The Applicant Bank filed the present O.A. being No. O.A./173/2022 on 02/0412022 fol recovery of a total sum of Rs. 1,14,17,7731- (Rupees one crore fourteen lakh eleven thousand seven hundred and thirteen only) from the Defendants towards Cash Credit and Term Loan together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 3O/Ot/2024, and heard ex-parte accordingly.

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The Applicant Bank exam ned 16 documents through Ms. Rupsa Bhowmik Chakraborty, Chief lYanager marked as Exhibit Annexure-A to Exhtbit Annexure-p.

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Heard the Ld. Counsel for the Applicant Bank.

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The^point that arises^{forconsiderationis :}

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Whether the Applicant^{Bankis entitled to the claim made in the OA againstthe Defendants} and oA schedule^{propertiesas prayedfor?}

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As stated supra, the^{Defendant remained absent and did not turn up to controvertthe} version of the O.A. of^{Applicant 8ank. The EvidenceAffidavit coupled with the recitals in the} documents viz,,^{Exhibits Annexure-Ato Exhibit Annexure-P marked on behalf of the} Applicant Bank, established^{the claim of the ApplicantBank againstthe Defendants and OA} schedule^properties. Hence,^{I hold that the Defendants are} iointly^{and severally liable to pay} to the Applicant Bank^{the claims made in the OA with futureanterest and costs'}

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In the result, the^present Original^{Applicationis allowed ex-parte withcosts,as under:-}

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ORDER

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(1) O.A. No. 173 of 2022liled by the Applicant Bank is allowed and debt is determined^{with cost} against the defendants. It is hereby ordered^{that applicant bank is entitledto recover from} the defendants the total amount to the tune of Rs^{1,14,11,713l-(Rupees one crore} fourteen lakh eleven thousand seven hundred and thirteen^{only)with pendenteliteand} future interest @ 12,15olo^per annum interest with simple^{on the amountdue from the date} of filing of the Original Application i.e. O2/O4/2O22 till full and^{final realization of the claim} amount,

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Eank after filing of the O.A. the same be taken into account while arriving at the exact amount of dues/debt^payable by the defendants. Accordingly,^pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any of the properties 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 Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank ,s also entitled to^proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applrcant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and^put up the same for issuance of the Certificate.

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[r^{ao. *".or"., officer shall realizethe amounlas per the Recovery Certificatefrom the} defenoants rn accordance w,th law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement 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 Fnancal Insttutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are d rected to appear beFore the Recovery Officer on 2J/a3/2024 fot furthet action in accordance with law in the event the entire amoLrnt s not^paid by the said date.

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Accordingly, the Original Appllcation belng O.A. No. 173 of 2022 ls allowed and stands d sposed of.

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Copy of the iudgement/Final Order be uploaded in the Trrbunal's website. Fi e ls consiqned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, srgned and pronounced by me in the open Court on this the 2orh day of February, 2024)

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( KAI4AL DE ) PRESIDING OFF]CER,

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

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siate sank of^{India vs. Dinesh Chandra Rawat}

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CaseNo.OA^No	^{. 173of2022}	siatesank of^{Indiavs.Dinesh Ca}
		orderwithsignature
orderNo. Dt.20t02/2024	Order^pronounced Intheresult,O.A. RecoveryCertifica	^(videseparate^sheets). No.173of 2022^{is allowedwithcostslssue} te accordingly.
		(Kamal De) PresdingOff cer DRT-3, Kolkata

State Bank of India v. Dinesh Chandra Rawat

Case brief

What is this about?

What did the court decide?

State Bank of India v. Dinesh Chandra Rawat

Case brief

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