Allowed

Hdfc Bank v. Jasimuddin Mondal

DRT21 Aug 2024OA/188/2022

Case brief

AI extract

What is this about?

The Tribunal allowed a recovery application by HDFC Bank Ltd. against borrowers and a guarantor for a debt of Rs. 23,54,938.48 with interest. The defendants were absent. The claim, secured by a hypothecated vehicle, was deemed valid and a recovery certificate was directed under the RDB Act, 1993.

What did the court decide?

Allowed claim for Rs. 23,54,938.48 with interest. Directed issuance of recovery certificate under Section 19(22) of RDB Act, 1993.

Hdfc Bank versus Jasimuddin Mondal — 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. 188 OF 2022

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DATE OF DELIVERY OF ORDER : 21^st August, 2024

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HDFC Bank Ltd. , incorporated under the Companies Act, 1956, and carrying on banking business under license granted by Reserve Bank of India under the Banking Regulation Act, 1949 and having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel West, Mumbai - 400013, and amongst another, having one of its branch office at Suri Branch and service of notice at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001.

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

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Jasimuddin Mondal, Borrower Son of Sattakim Mondal, Ikhusara Batikar Birbhum, Near High School Batikar, Birbhum, PIN-731121.

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Janina Bibi, Co- Borrower, Ikhusara Batikar Birbhum, Near High School Batikar, Birbhum, PIN-731121.

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Sonowar Mondal, Guarantor, S/o Sattakim Mondal, Ikhusara Batikar Birbhum, Near High School Batikar, Birbhum, PIN-731121.

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

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Counsel for the Applicant Bank: - Ms. Gitasree Chattopadhyay, Ld. Counsel

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Counsel for the Defendant:- Set ex-parte on 10.07.2023

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J U D G M E N T

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The present Recovery Application is filed by the HDFC Bank Ltd., a body corporate incorporated under the Companies Act, 1956, and having one of its branch office at Suri Branch and service of notice at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001 for recovery of Rs. 23,54,938.48P with interest as per contractual rate @ 9.73% p.a. with monthly rest from 24.03.2022 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.

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2. The service of summons was effected upon the Defendants in usual

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mode of postal service. Despite substituted service of summons and giving sufficient time, the Defendants are not appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared ex-parte on 10/07/2023.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Arnab Gangopadhyay, Manager (Legal) of the 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. ii) The Defendants are jointly and severally liable to pay Rs.23,54,938.48P with interest as per contractual rate @ 9.73% p.a. with monthly rest from 24.03.2022 till payment or realization.

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iii) It is declared that the claim is secured by hypothecated vehicle described in schedule at page/25 of the OA.

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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 the 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 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 23/09/2024 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.188 of 2022 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 of 21^st August, 2024)

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Place: Kolkata ( Ambuja Mohan Das )

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Date: 21^st August 2024 Presiding Officer

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Page No.-	Order Sheet(continuation)
Case No. O	A/188/2022 HDFC Bank Limited Vs. Jasimuddin Mondal and Bibi	Janina
Date of the order	Order with signature	Office action with date and dated signature of parties when necessary
21^st August /2024	Ld. Advocate Ms. Gitasree Chattopadhyay appeared for the applicant bank. None appeared on behalf of the Defendants. Matter was heard in open Court on this the day of

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31/07/2024. The det The gist of the o	ailed order in three pages annexed separately. rder is as follows: O R D E R
i) ii)	Claim of the Applicants is allowed with cost. The Defendants are jointly and severally liable to pay Rs.23,54,938.48P with interest as per contractual rate @ 9.73% p.a. with monthly rest from 24.03.2022 till payment or realization.
iii)	It is declared that the claim is secured by hypothecated vehicle described in schedule at page/25 of the OA.
iv)	Let, a certificate be issued accordingly.
v) vi) vii) No. 188 the IAs, in the T (Dictated signed and day of 21^st	Ld. Recovery Officer shall realize the amount as per the 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 23/09/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. of 2022 is allowed and stands disposed of. All if any, are also disposed of. Copy of the Judgment/Final Order be uploaded ribunal’s website. File is consigned to the Record Room. to Stenographer, transcribed by her, corrected, pronounced by me in the open Court on this the August, 2024)
Place: Kol ) Date: 21^st	kata ( Ambuja Mohan Das August 2024 Presiding Officer

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Hdfc Bank v. Jasimuddin Mondal

Case brief

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Hdfc Bank v. Jasimuddin Mondal

Case brief

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