Allowed

Canara Bank v. Shyamalesh Pal

DRT21 Jun 2024OA/284/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the Originial Application filed by Canara Bank for recovery of a loan amount of approximately Rs 27.94 million against the Defendant, who was absent. The claim was established through evidence affidavit and exhibits. A Recovery Certificate was ordered to be issued.

What did the court decide?

Recovery of Rs 27,94,707.53 with interest and costs; issuance of Recovery Certificate under Section 19(22) RDB Act; stay on alienation of defendant's properties.

Canara Bank versus Shyamalesh Pal — Banking and Recovery | DRT (2024)

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tsr

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EEFORE^{THEOEBTS RECOVERY TRIBUNAL-IIIKOLKATA} PRESENT:^{-SRIKAMAL DE'}

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PRESIDING^OFFICER.

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O.A. No^{2a4 Or 2023'}

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DATE OF^{DELIVERYoF oRDER} '^2ll0612024

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Canara^{Bank is a bodyCorporate constitutedundertheBanking--Companres} r.unrr"r. or undertakinos)^{Act' 1e7o' havrns rts Headorrrceat 112} ;;;;l;,,;;;;a l.C. Road,^{Ba ngalore_ 560002,uno nu'ing among others'a branch offlceat Habla} Branch,Vill.Kamarthuba,HabraEazaar,]essorenoad,opp.KaIikaCinema,North ,iP".g""".,^{w*,Bengal-743263'within the iurisdictionof this Ld Trrbunal'}

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Applicant^Bank.

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.Versus-

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1. shyamaresh^{par, prop..orr/s.} -shvllrP+:'[j."?"t:*:jJ"r:r,T'"rii,?li:t,i3[T'] ' Municioal Supermarket. OPposlte ' Parganas,^{west Bengal-7 43263'}

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Defendant.

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counsel^{for the APP|icant Bank:}

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Amit GuPta,^Advocate,

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Set ex-Parte^on rol06l2024

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]UDGE14ENT

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The Applrcant^{Bank frled the presentO'A' being NoO A'/28412023on 1710512023fot} recovery^{of a total sum of Rs 27'94'707'53/_ (Rupeestwentysevenlakh nlnetyfour} thoLlsand^{seven hundred seven and paisa fifty threeonly) from theDefendants Lo!'vards} Cash Credlt^{together with interest'cost andother usual rel'efs'}

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The Defendants representation^{from the defendants' the are servedwithsLlmmons The defendants case was fixedfor ex-parte did not apPear' hearinq as on there 1O10612024'was no} and heard^{ex-Parte accordinglY'}

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The Applicant^{Bank examined11 documentsthrough PhalguniGhosh' senlorManager} marked^{as Exhibit Annexure-Ato ExhibitAnnexure-A_10}

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Heard the Ld^{Counselfor the Applicant Bank'}

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rhe^{porntthat anses loI consrdelalronis:}

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Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properues as prayed for?

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As stated supra, the Defendant remained absent and did not turn up to controvert the versaon of the o.A. of Applicant Bank. The Evidence Affidavit coupled with the recitars in the documents viz., Exhibits Annexure-A to Exhibit Annexure_A-tO marked on behatf of the Applicant Bank, established the claim of the Applicant Bank against the Oefendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Bank the ctaims made in the OA with future interest and costs.

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In the resurt, the present originar Apprication is aflowed ex-parte with costs. as under:-

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ORDER

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(t) O.A, No. 284 ot 2023 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank as enti ed to recover from the defendants the total a to the tune of Rs 27 '94'707 53/- (Rupees twenty seven

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rakh ninety four thou.uno l'ount n'n""d seven and paisa fifty thtee only) with pendenterite

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and flrture interest @ ,.r;"'"n

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r :;:"jJ#;;;;:^{;.;;:ft;.T'J ::ffi:fi:iliff:j:",:l:E:".,",":Til:}

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(2) Amount, if any, paid by the the Appricant eank after rili I ants in the loan accounts or an if any' recovered bv the exact amount or ru""r,l1 o"n" o A the same o" t"t' '"i"'"t ruture interest sha, o" .","r1Lot .'"'"0'"^{o' tn" o"'"}""o.";::: ^lLording'y'^{"ttt'* pendentelate while arrivins} and^at lated on the -o*", "r"rra"-

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(3) Defendants are debarred f(

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alienating or dealihg with any of the properties

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beronging to them ,* ,n" "r"',1--1'jolt'n9' resaid d€cretal debt is recovered from the defendants.

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(4) Defendants are given a time repaying of the abovu .".,,":l-tn:n' days from the date of the JudgemenvFinat order for dues, so intimated to them. In c.

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pay the dues witnin the aoorld tn" defendahts fail to c,ues by sare of secured u.".i '-"lt'on"'^{ti-", $," uppri..nt} u;;"* rs entitled to recover its rf anv Apphcant o# ;ff

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personar properties o, ,n" o.l1 aea,nst the defendan,. o"..on-ti.ll"nt" ally to recover the dues taoth '*ubr"'uL'ilff:,t:iJ in accordance with law. "',"#;:il]

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(5) Let the Certificate of Recovr ou drawn up by Ld Registrar forthwith in terms of

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Judgement for issuance o, ,n.'same against defenclants in favour

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under section t9 (zz) ofthe ee same ror issuance of .n" ....,r,i"t""1^to*" """ "**-r,., ;::, 1rJ #:'J:rt"J:

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(6) Ld. Recovery Officer sha real c,efendants in accordance with tlize the amount as per the Recovery Certificate from the

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(7) Ld. Reqrstrar of this Tribunal is directed to deliver recovery certificate in lerm oF the^frnal order/Judgement for recovery of the sum against the defendant in favour of^theAppltcant Bank under Section 19 (22) of the Recovery of Debts due to the Eank and Financial lnstrtutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are drrected to appear before the Recovery Ofticet on 22/0712024 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. 284 of 2023 is a owed and stands disposed of.

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Copy of the ludgemenVFinal Order be uploaded jn the Tribunal,s website. File is consigned to the Record Room.

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(oictated tosteno, transcribed by her, corrected, signed and pronounc€d by me in the open Court on this tne 2l.iday of lune, 2024)

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( KAMAL DE )^=-- PRESIDING OFFICER,

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uatio n )

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case No. OA No. 284 of 2023 Canara Bank Vs. Shyamalesh pal
Date of Order Order with signature
Order Ng.l06
Order pronounced (vide separate sheets),
uzu!612924
In the result, O.A. No, 284 of 2023 ls allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata

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

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caseNo.o,A. /	CanaraBank Vs.ShYamalesh^Pal 2a4l2o23
Date otorde.	orderwithsignature
OrderNo.05 ot.10l0612024	Pregcnt:. ForApplicant:Ld.Advocate^AmitGupta ForDefendants:None
	TheRegistryhasissued noticeto theDefendant^intermsof order^passedbythisTribunal.Defendant^{hasnotturnedup} despitethefactthat thenotices have been served uponthe Defendant. Applicant^prayedforhearinqofthecaseex-parte. Thematterispending since2023.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceisto^be closed.Itisclosed. TheOA^proceedsfor ex-parte.HeardtheLd Counselfor theApplicant.Reservedfororder. Applicant mayfilewratten notesof arguments. 1o 21/06/2024fororde(. (KamalDe) PresidingOfficer DRT-3, Kolkata

Canara Bank v. Shyamalesh Pal

Case brief

What is this about?

What did the court decide?

Canara Bank v. Shyamalesh Pal

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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