Allowed

Canara Bank v. Sri Gopal Adhikari

DRT4 Mar 2024OA/228/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed a recovery application filed by Canara Bank to recover a principal sum of Rs. 21,40,095.52 along with interest from two respondents who failed to appear. The court declared the claim secured by a mortgage and directed the issuance of a recovery certificate.

What did the court decide?

Respondents declared jointly and severally liable to pay Rs. 21,40,095.52 with interest; recovery certificate issued. Parties directed to appear before Recovery Officer.

Canara Bank versus Sri Gopal Adhikari — 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.228 OF 2022

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DATE OF DELIVERY OF ORDER : 4^th March, 2024

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Canara Bank , a body corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at-112, J.C. Road, Bengaluru-560002, Karnataka and carrying on banking business through various branches amongst others namely Canara Bank (erstwhile Syndicate Bank), Retail Asset HUB, at 6, N.S Road, Police StationHare Street, Kolkata-700 001.

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

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Sri Gopal Adhikari, S/o Late Yugol Adhikari, residing at village- Gajipur, P.OKanganberia, South 24 Parganas, Pin-743503.

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Sri Shrimanta Adhikari, S/o Sri Gopal Adhikari, residing at village- Gajipur, P.O- Kanganberia, South 24 Parganas, Pin-743503.

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

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Counsel for the Applicant Bank: - Ms. Jayita Roy, Ld Counsel

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Counsel for the Defendants:- Set ex-parte on 06.02.2024

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J U D G M E N T

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The present Recovery Application is filed by the Canara Bank, nationalized Bank carrying on business of Banking all over India including from its Branch Office Retail Asset HUB, at 6, N.S Road, Police Station- Hare Street, Kolkata-700 001 for recovery of Rs. 21,40,095.52P with interest @ 10.80% p.a. with monthly rest from 09-03-2022 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 in usual mode of postal service. Despite giving sufficient time, Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared ex parte on 06/02/2024.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Ms. Richa Shree Gupta, Manager 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. 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. 21,40,095.52P with interest @ 10.80% p.a. with monthly rest from 09-03-2022 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by mortgaged of immoveable property described in the Schedule of the OA in page no. 106 as Annexure “K”.

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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 16/04/2024 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.228 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

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pronounced by me in the open Court on this the day 4^th March, 2024)

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Place: Kolkata (Ambuja Mohan Das ) Date: 4^th March, 2024 Presiding Officer

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Page No.-		Order Sheet(continuation)
Case No. OA	/228/2022 C	anara Bank vs Sri Gopal Adhikari & Anr.
Date of the order		Order with signature	Office action with date and dated signature of parties when necessary
04/03/202 4	Ld. Advoc No one is Matter wa The detail the order is as fol	ate Ms. Jayita Roy appeared for the Applicant Bank. present on behalf of the Defendants. s heard in open Court on this the day of 06/02/2024. ed order in three pages annexed separately. The gist of lows: O R D E R
	i) ii) iii) iv) v) vi) vii) of 20 are also Copy of t website. File is con (Dictated to Ste pronounced by m Place: Kolkata Date: 4^thMarch,	Claim of the Applicants is allowed with cost. The Defendants are jointly and severally liable to pay Rs. 21,40,095.52P with interest @ 10.80% p.a. with monthly rest from 09-03-2022 against the Defendants till payment or realization. It is declared that the claim is secured by mortgaged of immoveable property described in the Schedule of the OA in page no. 106 as Annexure “K”. Let, a certificate be issued accordingly. 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 16/04/2024 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. No.228 22 is allowed and stands disposed of. All the IAs, if any, disposed of. he Judgment/Final Order be uploaded in the Tribunal’s signed to the Record Room. nographer, transcribed by her, corrected, signed and e in the open Court on this the day 4^thMarch, 2024) (Ambuja Mohan Das) 2024 Presiding Officer

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Canara Bank v. Sri Gopal Adhikari

Case brief

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Canara Bank v. Sri Gopal Adhikari

Case brief

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