Allowed

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

DRT8 Apr 2024OA/259/2023

Case brief

AI extract

What is this about?

Bank of India filed an original application for recovery of a term loan debt of Rs. 28,72,122.67 against M/s Devdashi Mini Rice Mills and Mr. Sudhir Kumar Roy. Being heard ex parte due to non-appearance of defendants, the Debts Recovery Tribunal allowed the application and decreed the bank's claim with future interest and costs.

What did the court decide?

Debt of Rs. 28,72,122.67 along with future interest at 12% p.a. and costs declared recoverable; bhar placed on defendants' property; 30-day repayment period granted.

Bank of India versus Ms Devdashi Mini Rice Mills and Anr. — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY^{TRIBUNAL-IIIKOLKATA} PRESENT: -SRI KAMAL DE

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PRESIDING OFFICER

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O.A. No. 259 of 2023

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DATE OF DELIVERY OF ORDER I A/O4/2024

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BANK OF INDIA, a body corporate constituted under^{the BankingCompanres} (Acquisrtron and Transfer of Undertakrngs) Act, 1970, having lts Head Offlce at Star House, C-5, Block "G", Bandra, Kurla Complex Bandra^(East), 14umba'400051 and carres on Banking Eusiness rnter alia at P.O. and Village^{Khantura,P.S.} Gobardanga, Pin 743273, Dist. 24 Pargaras^(North), West Bengal, commonly known as Bank of lndia, Gobardanga Branch, hereinafter referred as the^"Applicant Bank", withrn the^jurisdiction of this Learned Tribunal.

. Applicant Baok

Versus

M/s Devdashi Mini Race Mills, a proprietorship business of Mr. Sudhir Kumar Roy, son of Late Harendra Nath Roy having its business at villaqe Chikanpara, P.O. Thakurnagar,^P.S. Gaighata, Pin 743287, District - North 24 Patganas, West Bengal

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Mr. Sudhir Kumar Roy, son of Late Harendra Nath Roy hav ng ils bus ness at v llage Chikanpara, P.O. Thakurnagar, P.S. Ga^ghata, Prn 743287, DistrLct North 24 Parganas, West Bengal

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Defendants

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Counsel for the Applicant Bank:

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Dipak Kumar Banerjee, Advocate

Set ex-parte on

L9/O3/2024

] U DGE [4 ENT

The Applicant Bank filed the^present OA being^No. O.A. 259 ot 2023 on 3lO4l2O23 fot recovery of a total sum of Rs. 28,72,122.67l_^(Rupees twenty eight lakh seventy two thousand one hundred twenry two and^parse sxty^{seven only) from theDefendants} towards term loan together with^{inlerest,cost and other usual reliefs.}

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The Defendants are served wrth summons.^The deFendants^{did nol appear, as therewas no} representation from the defendants, the case^{wasfixedfor ex partehearrngon l9/O3/2024,}

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and heard ex parte accord ngly.

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The Applicant Bank examined 14 documents thro0g h lVr. Gopal IYodi, Sen or I'lanager marked as Exhibit Annexure A/1 Lo Exhibit Annexure A/14.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applicant Bank rs entitled to the claim made ln the OA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendant remained absent and d d noi turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recltals in the documents v 2., Exh b ts Annexure-A to Annexure A/14 marked on behalf of the Appl cant Bank, establrshed the cla m oF the App cant Bank aga nst the Defendants and OA sched!le properties. Hence, I hold that the Defendants are .loinl y and severally lable lo pay to the App icant Bank the claims made in the OA with future rnterest and costs.

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f_ In the resuLt, the present Origina Appl catron rs allowed ex parte with costs, as !nder:

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QAD-E8

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(1) O.A. No. 259 of 2023 filed by the Applicant Bdnk is allowed and debt is determrned with cosl agarnsL the defendants. It rs hereby ordered that applicant bank s entitled to recover from the defendants the total amount to the tune of Rs. 28,f2,722.6f / (Rupees twenly eight lakh seventy two thousand one hundred twenty two and pa se sixty seven only) with pendente|te and future nterest @) 12.00o/o per annum rnterest wrth srmple on the amount due from the date of filrng of the Original Applrcation ).e. 3/O412023 tll full and final real zation of the c aim amount.

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(2) Amount, rf any, paid by the defendants in the loan accounts or amount, I any, recovered by lhe Applrcanl Bank after filing oF the O.A. fhe same be taken roto account while arnvrng at the exact amount of dues/debl payable by the deFendants. Accordingly, pendentelite and future interest shall be calculaled on lhe reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any of the propert es belonging to them till the aforesard decretal debt rs recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the ludgement/Final Order for repaying of the at ove mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entftled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also^proceed agaanst 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 agaanst defendants in favour of the applicant bank

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under Seclion 19^{(22) of lhe Recovery of Debtsand BankruptcY} Act, 1993 and^put uP the same for issuance^{of the Certificate.}

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(6) Ld. Recovery Officer shall^{realizethe amountas per the RecoveryCertlficatefrom the} defendants in accordance^{with law.}

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(7) Ld. Registrar of this^{Tribunal is directedto deliver recoverycertificatein term of the final} ordey'judgement for^recovery of^{the sum againstthe deFendantin favour of the} Applicant Bank under Section^{19 (22) of theRecoveryof Debts due to theBankand} Financial Institutions Act, 1993^{now known as Recovery of Debts and Bankruptcy Act,} 1993.

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(8) The partres are directed to appear^{before the RecoveryOfficeton 10/06/2024For further} action in accordance with^{law in the eventthe entire amountis not paidby thesaid} date.

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Accordingly, the Orrginal^{Applrcationbe nq O.A No. 259 of 2023s allowed and stands} drsposed of.

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Copy of Lhe Judgement/Flnal^{Order be upload in the Trrbunalswebslte} F le is consigned to the Record^Room.

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(D ctated to steno, transcr bed by her, corrected, s^qne.i and Pro.oun.ed by r.e n the open Colrt^{onth s} at day or ADr , 2024 )

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( KAMAL DE ) PRESIDING OFFICER

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Som/

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Debts

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

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CaseNo.OANo	.^259/2023	BankofIndia vs. M/s^{DevdashiMiniRice}
OateofOrder		Orderwithsignature
oldelNq D_8/^{A4 /2024}	orderpronoun lnthe result, IssueRecover	ced^(videseparate sheets). O.A. No. 259of2023^tsallowed^wrthcosts. yCertificate accordlngly.
		(KamalDe) PresrdingOfficer DRT-3,Kolkata

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

Case brief

What is this about?

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

Case brief

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