Allowed

Bank of Baroda v. Ms S G Enterprise and Ors.

DRT11 Nov 2024OA/254/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the Applicant Bank's original application for recovery of a term loan. Being heard ex-parte due to the Defendants' absence, the court decreed the amount of Rs. 22,60,262.47 plus interest, granted a 30-day payment period, and directed issuance of a recovery certificate under the RDB Act.

What did the court decide?

Recovery of Rs. 22,60,262.47 with interest; 30-day payment period; bar on alienation of properties; issuance of recovery certificate; connection to Recovery Officer.

Bank of Baroda versus Ms S G Enterprise and Ors. — Specific Performance | DRT (2024)

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

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PRESIDING OFFICER

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O.A. No. 254 ot 2022

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DATE OF DELIVERY OF ORDER .IIITTI2024

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BANK OF BARODA, a body corporate constituted^{in terms of Section9 of the} Banking Companies^(Acquisition and Transfer of Undertakangs)^{Act, 1970, having its} Head Office at Baroda Bhawan, R C Dutta^{Road, Alkapuri,Vadodara-390007,} Gujarat and its Kolkata^Regional Office^{at EarodaTower,4thFloor, Plot No.38/2,} Block GN, Sector - V, Salt Lake City,^Kolkata -^{700091, carryinqon Banking} Business at its Branch Omce at^{No. 163, Rash Behari Avenue,P.O.Gariahat.P.S.} Gariahat. Kolkata - 700019, commonly^{knownas Bank of Baroda,Ballygunge} Branch, hereinafter referred as the^{"Applicant8ank", within the} iurisdiction^{of this} Learned Tribunal.

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Appl cant Bank

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14ls S,G. Enterprise, a^{partnershipFirm,representedby its partners,} having its registered Office at 3,.1^{Road, Ward No. 8, P.O. Dasnagar,Liluah,} District - Howrah, Pin No.^_ 711105^{and showroomis at Ganeshpur,3'd} Gheri, P.O. and P.S.^{KakdwiP, Pin} -^{743347,District} -^{South 24 Parganas}

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2, Saswati Ghosh, wife of Subrata^{Ghosh, resadingat No. 7015/1/1,Sardar} Boxi Lane,^(Adhuna Danu^{Eose Lane),Hor4rah Municipal Corporation, Pin -} 7l 1101, District - Howrah

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Soma Ghosh, wife of Soumendra^{Nath Ghosh.No. 3, l.Road, Netajigar,} Howrah Municapal Corporation,^{Netaiagarh, P.O. Dasnagar, P.S. Liluah,Pin -} 711105, District - Howrah.

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Defendanls

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Counsel for the APP|icant^Bank:

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Ms. Papiya Dutta, Advocate Set ex-parte on 1210912024

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JUDGEIT'IENT

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The Applicant Bank^{filed the} present OA be ng No. O.A. 254 of 2022 on 12/0512022^for

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22,60,262.47 /^{(RuPees twenty} two lakh sixty thousand^two recovery of a total^{sum of Rs.}

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hundred sixty two and paise forty seven only) from the Defendants towards term loan together with rnterest, 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 12109/2024, and heard ex-parte accordrngly.

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The Applicant Bank examaned 26 documents through Mr. Swarnadeep Biswas, Chief Manager and Constituted Attorney, marked as Exhibit Annexure - A to Exhibit Annexure - H.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideratron is :

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Whether the Applicant Bank is entitled to the claim made in the OA against the Oefendants and OA schedule properties as prayed for?

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As stated supra, the Oefendant remained absent and did not turn up to controvert the version of the O.A, of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibit Annexure - A to Annexure - H, marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Bank the claims made in the OA with future anterest and costs.

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').

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

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ORDER

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(1) O.A. No. 254 of 2022 filed by the Appticant Bank is a owed and debt is determined with cost against the defendants. lt is hereby ordered that applicant bank is enti ed to recover from the defendants the total amount to the tune of Rs. 22,60,262.47/_ (Rupees twenty two lakh sixty thousand two hundred sixty two and paise forty seven onty) wtth pendentelite and future interest @ 11.0006 per annum interest with simple on the amount due from the date of filing of the Original Apptication i.e. 12/05/2022 tiI fu 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 Bank after filing of the O.A. the same be taken anto 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 dasposing, alienatjng or dealing with any of the properties belonging to them tall 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 JudgemenvFinat Order for.epaying 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 entiued 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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(s) 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 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 Certjficate from the defendants rn accordance wrth 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 ot the Applicant Bank under Section 19 \22) ot 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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(8) The parties are directed to appear before the Recovery Officer on lU 12/2024 tot fotther action in accordance with law rn the event the entire amount is not paid by the said date.

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A€cordingly, the Original Application being O.A. No. 254 of 2022 is altowed and stands disposed ol.

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

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(Drctated to steno, transcflbed by h,m, co.rected, srgned and Pronounced by mr: rn the open Co!( on thrs trrh Oav of November, 2024 )

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+.r, ( KAMAL DE ) PRESIDING OFFICER

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

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Case No. OA No, 25412022 Bank of Baroda Vs. M/s S. c. Enterprise & Ors.
Date of Order Order with signature
Order No.5
Order pronounced (vide separate sheets).
Dt.11tt1/2024
In the result, O.A. No. 254 of 2022 is allowed with costs. Issue
Recovery Certificate accordrngly.
( Kamal De )
50m Presiding Officer
DRI-3, Kolkata

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

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caseNo.OAl2	BankofBarodaVs.M/sS. G.Enterprise&Ors. 54l2022
DateofOrder	Orderwithsignature
OrderNo.4 ot.12/0912024	Present:. ForApplicant IlYs.PapiyaDutta,Ld Counsel. ForDefendants:None
	TheReqistryhasissued noticetotheDefendantintermsof orderpassedby thisTribunal.Defendanthasnotturnedup despitethe fact thatthenotices have been served uponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematterispending since2022.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceastobe closed.Itisclosed. TheOA^proceedsfor ex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder. Applicant may filewrittennotesofarguments.
	(KamalDe ) PresidingOfficer DRT-3, Kolkata

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Bank of Baroda v. Ms S G Enterprise and Ors.

Case brief

What is this about?

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Bank of Baroda v. Ms S G Enterprise and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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