This Order allowed the bank's recovery application filed for the recovery of a principal sum of Rs 29,14,756/- with interest against the defaulting borrower/guarantor mortgagee. The court ordered the issuance of a recovery certificate.
The defendant is liable to pay Rs. 29,14,756/- with interest at 8.9% p.a. from 10.03.2023 till realization; recovery certificate to be issued.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER
O.A. No. 271 OF 2023
DATE OF DELIVERY OF ORDER : 3rd September, 2024
IDBI Bank Ltd. , a company incorporated and registered under the Companies Act, 1956 (1 of 1956) and a Banking Company within the meaning of section 5© of the Banking Regulation Act, 1949 (10 of 1949) and having its Registered Office at “IDBI TOWER”, WTC Complex Cuffe Parade, Mumbai, - 400005 and having their regional office at IDBI Bank, IDBI House, Retail Recovery Department, 44, Shakespeare Sarani, 2nd Floor, P.S. Shakespeare Sarani, Kolkata-700017, carrying on its business through various branches one of the branch at IDBI Bank Ltd, RAC, 2nd Floor, Hindustan Building, Kolkata-700072.
..............APPLICANT
Mr. Pushpal Roy, S/o Pratul Roy of 7/12 Sahid Nagar, Dhakuria, Ganguly Pukur Bus Stand, Kolkata-700031.
..............DEFENDANT
Counsel for the Applicant Bank: - Mr. G. Pachisia and
Ms. Aritri Sarkar, Ld. Counsels
Counsel for the Defendants:- Set ex-parte on 09.07.2024.
J U D G M E N T
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In the above circumstances it is ordered :
O R D E R
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the said date.
Accordingly, the Original Application being O.A. No. 271 of 2023
is
allowed and stands disposed of. All the IAs, if any, are also disposed of.
Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.
File is consigned to the Record Room.
(Dictated to Statesman, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 3rd September, 2024)
Place: Kolkata ( Ambuja Mohan Das ) Date: 3rd September 2024 Presiding Officer
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| Page No.- | Order Sheet(continuation) | ||
|---|---|---|---|
| Case No. O | A/271/2023 |
IDBI Bank Limited Vs. Mr. Pushpal Roy | |
| Date of the order |
Order with signature | Office action with date and dated signature of parties when necessary |
|
| 3rd Septembe r2024 |
Ld. Adv Ms. Gunja Pach None a Matter 09/07/2024. The de The gist of the |
ocate Ms. Aritri Sarkar on behalf of Ld. Advocate, isia appeared for the applicant bank. ppeared on behalf of the Defendant. was heard in open Court on this the day of tailed order in three pages annexed separately. order is as follows: O R D E R |
|
| i) ii) |
Claim of the Applicants is allowed with cost. The Defendant is liable to pay Rs. 29,14,756/- with interest @ 8.9% p.a. with monthly rest from 10.03.2023 against the Defendant till payment or realization. |
||
| iii) iv) |
It is declared that the claim is secured by mortgaged of immoveable property described in the Schedule-A of the OA at Page/18. Let, a certificate be issued accordingly. |
||
| v) vi) vii) Accor 271 of 2023 is any, are also di Copy Tribun File i (Dictated signed an day 3rdS |
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 03/10/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. dingly, the Original Application being O.A. No. allowed and stands disposed of. All the IAs, if sposed of. of the Judgment/Final Order be uploaded in the al’s website. s consigned to the Record Room. to Statesman, transcribed by her, corrected, d pronounced by me in the open Court on this the eptember, 2024) |
||
| Place: Kolkata ) Date: 3rdSept Officer |
( Ambuja Mohan Das ember 2024 Presiding |
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1 provisions across 1 enactments
IDBI Bank Ltd.
Ambuja Mohan Das
As recorded by the court registry
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