Allowed

Bank of India v. Ms S K Enterprise and Ors.

DRT8 Apr 2024OA/230/2023

Case brief

AI extract

What is this about?

The DRT allowed an ex-parte application filed by Bank of India for recovery of a term loan amounting to Rs. 28,98,192.24 with interest from S.K. Enterprise and its proprietors. The court issued a recovery certificate and debarred the defendants from disposing of assets.

What did the court decide?

Recovery of Rs. 28,98,192.24 with interest; Certificate of Recovery issued under Section 19(22) RDB Act 1993; Defendants debarred from disposing of assets.

Bank of India versus Ms S K Enterprise and Ors. — Banking and Recovery | DRT (2024)

¶1

¶2

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

¶3

PRESIDING OFFICER

¶4

O.A. No. 23O of 2023

¶5

DATE oF DELMRY OF ORDER I A/04/2024

¶6

BANK OF INDIA, a body corporate constituted under the Banking Companres (Acquisrlron and Transfer oF Undertakings) Act, 1970, havinq rts Head Off ce at Star House, C 5, Block "G", Bandra, Kurla Complex Bandra (East), I\4umba 4OOO51 and carries on Banking Business inter alia at P.O. and Villaqe Khantura, p.S. Gobardanga, Pin 743213, Ost. 24^parganas (North), West Bengal, commonly known as Bank of India, Gobardanga Branch, hereinafter referred as the Appllcant aank", within the junsdiction of this Learned Tribunal.

¶7

Applicant Bank

¶8

-Versus

¶9

M/s S.K. Enterprise, a proprieLorship business of lvlr. Sankar chosh, son of Upendra Nath Ghosh, havrng its business at 445/111, Babupara (BSNL Exchange Bu ldnq), P.O. Gobardanga, Ward No. 4, P.S. Gobardanga, PLn J43252, Dtst. North 24 Parganas, West Bengal

¶10

Mr. Sankar Ghosh, son of Upendra Nath Ghosh, proprietor of l4ls S.K. Enterprise, having its business at 445/771, Babupaft (BSNL Exchange Buitding), P.O. Gobardanga, Ward No. 4, P.S. Gobardanga, Pin 143252, Drst. North 24 Patganas, West Benga

¶11

Smt. Senaritra Ghosh, wrfe ol Sfl Sankar Ghosh, havrng rts bLrsrness at 145/111, Babupara (BSNL Exchange Burld ng), P.O. Gobardanga, Ward No P.S. Gobardanga, Pn 143252, Drst. North 24 Pargaras, West Benga

¶12

DefendanLs

¶13

Counsel for the Appl canl Bank:

¶14

Dipak Kumar Benerlee, Advocate

¶15

Set ex parte on 14/O3/2024

¶16

JUDGET.lENI

¶17

¶18

The Applicant Bank filed the^present OA being No. O.A.230 of 2023 on 3/o4/2o23 for recovery of a total sum of Rs. 28,98,192.24l (Rupees twenty erght lakh ninety eight Lhousand one hundred ninety two and^paiEe twenty four only)^from the^{DefendanLs towards} term loan togelher with interest, cost and olher usual^reliefs.

¶19

¶20

The Defendanis are served^{with summonsThe defendantsdid not appear, as there wasno} representation from the defendants,^{the casewasfixedforex_parte hearingon 74/03/2024,} and heard ex-parte accordinglY.

¶21

The Applicant Bank examined^{19 documentsthrough Iqr. Gopal Modi, SeniorI\4anager} marked as Exhibit Annexure -^{A/1 to ExhibitAnnexureA/19.}

¶22

Heard Lhe Ld. Counsel for the^{ApplicantBank.}

¶23

¶24

The point that arises for consideration ls^:

¶25

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

¶26

As slated supra, the Defendant rema^ned absent^{and did nol turnup to controvertthe} version of the O.A. of Applicant Bank. The Evldence Aff davrl^{coupledw th the rec lalsin the} documents v 2., Exhrbit Annexure marked on behalf^{of the Applcanl Bank, estab rshedthe} claim of the Applicant Bank against the Defendants and OA schedule^{propertiesHence,I}

¶27

-1hold that the Defendants are^jointly and several^y lrab e to^{pay lo the ApplicantBankLhe} ciarms made in the OA with future rnteresL and costs.

¶28

In lhe result, the^present Ongrnal Application is a owed ex_parte^{with costs, as under:}

¶29

ORDER

¶30

(1) O.A. No.230 of 2023 filed by the Applicant Eank s allowed and debl^{is determrnedwrth} cost against the defendanLs. lt ls hereby ordered that^{app icant bank rs entitledto} recover from the defendants the lotal amount to the tune of^{Rs. 28,98,192.24l(Rupees} twenty eight lakh n nefy e^ght thousand one hundred^{nrnelyLwoandpa se twentyfour} on y) wrth pendenielrte and future inLerest @ 11.0070^{per annumnteresL with simple} on the amount due from the date of f^{rng of the OrginalApplrcatron t.e.3/A4/2023} lu I and frna real zation of the c aim arnount.

¶31

(2) Amounl, if any, pad by the defendanls rn the loan accounts or amount, if any, recovered by ihe Appl canl Eank after^{fling oi lhe O A. the same} be taken into account wh le arflv ng at the exacl amount of dues/debt^payabe by the defendants. Accordrngly,^pendentei te and^{luture inLerest shal be calculatedon} the reduced amoLrnt.

¶32

(3) Defendants are debarred from disposing,^{alienatingor dealing with} any of the Properties belonging to them till the aforesaid^{decretaldebt is recovered from} the defendants.

¶33

(4) Defendants are^given a tame of^{thirtydays from the dateof the ludgement/FinalOrder} for repaying of the above mentioned dues,^{so intimated to them- In casethe defendanls} fail to^pay the dues^{within the above mentioned time, the applicant bank is entitled to} recover ils dues by sale of secured assets, if any.^{Applicant bankis also entitledto}

¶34

¶35

proceed agarnst personal propertres of the defendants (Both movable and immovable) and also^proceed against the defendants^personally io recover lhe dues in accordance wlth law.

¶36

(s) Let the CertrFicate of Recovery be drawn up by Ld. Regrstrar forthw th rn terms of JudgemenL for issLrance of the same against defendants in favour of the appl cant bank under Section 19 (22) of lhe Recovery of Debts and Eankruptcy Act, 1993 and^put Lrp the same for issuance of the Certificate.

¶37

(6) Ld. Recovery Offrcer shall realize the amount as^per the Recovery Certificate From lhe defendants in accordance wiLh law.

¶38

(7) Ld. Registrar of this Tribunal is drrected to deliver recovery certifrcate n term of the fina order/judgement For recovery of Lhe sum against the defendant in favour of lhe Applicant Bank under Section 19 (22) of ihe Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Acl, 1993.

¶39

(B) The parties are directed to appear before Lhe Recovery afficet or 10/06/2A24 for further action in accordance with law rn the evenl the entire amount is not^pard by the satd date.

¶40

Accord ngly, the Original Application being O.A. No. 230 of 2023 is allowed and sLands disposed of.

¶41

Copy of the ludgement/Final Order be upload in the Tribunal's websife. File is consigned to the Record Room.

¶42

(D.tated to steno, ta.scrbed by her, corected, sqned and Pronounced by me rn the open Court on thrs 8" day ot Apri , 2024 )

¶43

PRES]D]NG OFFICER

¶44

Som/

¶45

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

¶46

Case No. oA No. 23Ol2023 Bank of India Vs. M/sSKEnterprise&Ors.

¶47

Date of Order Order with signature
Order No. Order pronounced (vrde separale sheets).
ot.a/o4/2024
ln the result, O.A. No. 230 of 2023 is allowed with costs.
Issue Recovery Certrfrcate dccordrnqly.
( Ka mal Dc )
Presiding Offrcer
DRT'3, Ko k ata

Bank of India v. Ms S K Enterprise and Ors.

Case brief

What is this about?

What did the court decide?

Bank of India v. Ms S K Enterprise and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Uco Bank versus Ms Uniforms Studio and Anr.

Punjab National Bank versus Rinku Dhara and Anr.

Punjab National Bank versus Minati Das and Anr.

Bank of India versus Ms Devdashi Mini Rice Mills and Anr.

Bank of India versus Amit Kumar Bose

Indian Bank (Allahabad Bank) versus Ms Aditya Saree Muzeum and Ors.