Allowed

Canara Bank v. Akhtar Parwez and Anr.

DRT22 Nov 2024OA/214/2022

Case brief

AI extract

What is this about?

Allowed ex-parte an original application for recovery of an overdraft facility amounting to Rs. 31.02,188.20 along with pending and future interest, costs, and restrictions on property disposition.

What did the court decide?

Recovery of total sum of Rs. 31,02,188.20 with pending and future interest at 13% per annum declaration of joint and several liability and issuance of recovery certificate.

Canara Bank versus Akhtar Parwez and Anr. — Banking and Recovery | DRT (2024)

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SEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT: -SRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No, 214 OF 2022.

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DATE OF DELIVERY OF ORDER I 22IIIl2024

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Canara Bank is a body Corporate constituted under the Banking Compan,es (Acquisation and Transfer of Undertakings) Act, 1970, having its Head Office at 112, J.C. Road, Bangalore- 560002, Karnataka and carrying on business inter alia, at the Baguiati Branch, at Manorama Kutir, H/H 8, Ashwini Nagar, P.O. Bagoiati, Kolkata700059, within the jurisdiction of this Ld, Tribunal,

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Applicant Bank.

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Akhtar Parwez, son of Late Mir Salimuddin, residing at Kamarhati, Kolkata-700058.

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18, Sastitala Road,

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Aslam Parwez, son of Aftab Ara, residing at 20, Sastitala Road, Kamarhati, Kolkata700058.

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Defendants.

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Counsel for the Applicant Bank:

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Mr. Amit Gupta, Advocate,

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Set ex-parte on r3/11/2024

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JUDGEMENT

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The Applicant Bank filed the present O.A. being No. 0.A./214/2022 on 29/04/2022 fot recovery of a total sum of Rs, 31.02,188.20l- (Rupees thirty one lakh two thousand one hundred eighty eight and paisa twenty only) from the Defendants towards Overdraft facitity 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 1311,1/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 4 documents through Sri Shuvabrata IVajumdar, Senior Branch f4anager marked as Exhibit Annexure-A 1to Exhibit Annexure-A-4.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that a ses for consideratton ts :

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whether the Applicant Bank is entatled to the^{claim made in 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 controvertthe} version of the O.A. of Applicant Bank. The Evidence Affidavit^{coupled withthe recitals in the} documents viz., Exhibits Annexure-A-1 to Exhibit Annexure-A-4 marked^{on behalf of the} Applicant Bank, established the claim of the Applicant Bank against the Defendants^andOA schedule^properties. Hence, I hold that the Defendants are^jointly and severally^{liable to pay} to the Applacant Bank the claims made in the OA with future interest and costs.

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

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ORDER

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(1) O.A. No. 214 of 2022 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. lt is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune of Rs. 31,02,188.20l- (Rupees thirty one lakh two thousand one hundred eighty eight and paisa twenty only) with pendentelite and future interest @ 13olo per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 29/04/2022 till full and final realization of the claam 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 Bank after filing of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payabte by the defendants. Accordingly, pendentelate 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 ludgement/Finat 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 entiued to recover its dues by sale of secured assets, if any. Applicant bank is also entided 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 .ludgement for issuance of the same against defendants 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.

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

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(7) Ld. Registrar of this Tribunal is darected to deliver recovery certificate in term of the final order/ludgement for recovery of the sum against the defendant in favour of the Applicant Eank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutrons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B)The parties are directed to appear before the Recovery Ofticet on 23/12/2024 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. 214 of 2022 is a owed and stands disposed of.

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Copy of the ludgement/Final Order be uploaded in the Tribunal,s websrte. File is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, siqned and pronounced by me rn the open Court on the 22.d day of November, 2024)

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( KAI-IAL DE )

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

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Case No. OA No. 214 ot 2022 Canara Bank vs. Akhtar Parwez & Anr.
oate of Order Order with signature
Order No,05
Order pronounced (vide separate sheeG).
ot,22/11/2024
In the result, O.A. No. 214 of 2022 is allowed with costs, Issue
Recovery Certificate accordingly.
Presiding Officer
DRT-3, Kolkata
ss

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

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CaseNo.O.A,/	214l2022 CanaraBankVs.Akhtar^{Parwez& Anr.}
Oateof Order	Orderwithsignatur€
OrderNo.04 pt.13/1v2024	Present:. ForApplicant ForDefendants Ld.AdvocateMr.AmitGupta None
ss	TheRegistryhasissued noticetotheDefendantinterms of orderpassedby thisTribunal.Defendanthasnotturnedup despitethe fact thatthenotices have been serveduponthe Defendant. Applicantprayedforhearangof thecaseex-parte. Thematterispending since2022.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed. TheOA proceedsfor ex-parte.HeardtheLd Counselforthe Applicant,Reservedfororder. Applicant mayfilewrittennotesof arguments. To22/11/2024 forordet.
	(KamalDe) PresidingOffacer DRT-3, Kolkata

Canara Bank v. Akhtar Parwez and Anr.

Case brief

What is this about?

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Canara Bank v. Akhtar Parwez and Anr.

Case brief

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