Allowed

State Bank of India v. Ms Subhajit Enterprise and Anr.

DRT21 Nov 2024OA/298/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the State Bank of India's ex-parte Original Application for recovery of a cash credit loan debt of Rs. 28,08,797 against M/s. Subhajit Enterprise and proprietor Krishna Prasad Dutta, who did not appear.

What did the court decide?

Recovery of Rs. 28,08,797 with future interest at 10.25% p.a. and costs; issuance of Recovery Certificate; prohibitory order against alienating properties.

State Bank of India versus Ms Subhajit Enterprise and Anr. — Banking and Recovery | DRT (2024)

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

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PRESIDING OFFICER.

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o.A. No. 29a OF 2023.

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DATE OF DELMRY OF ORDER | 2lln/2O24

¶5

State Bank of India is a body^{corporate constituted under the StateBank of India} Act, 1955 having their registered olfice at^{SamraddhiBhavan,1 Strand Road,} Kolkata-TOOOOl and carryinq on their banking^{business inter alia amongst othersat} their State Bank of lndia, SIYE^{Centre Branch Bidhannagar, situated at 4th Floor,} 1/16, V.I.P Road, Police Station^{Maniktala, Kolkata-700054, and one of its branches} srtuated at Sodepur Station Road,^{SodepurDrst North24 Parqanas, and alsoknown} as State Bank of India Sodepur^{Eranch, within thejurisdictionof this Ld Tribunal}

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Applrcant Bank.

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lY/s. Subhajit Enterprise, represented^{by its Proprietor-Nlr' KrishnaPrasadDLltta,} having its registered office at^{Kalyan Nagar,Via Panshila, Police Station'Khardah,} Pin-700112, District- North^{24 Parganas.}

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lYr, Krishna Prasad Dutta,^{Propraetor of M/s. SubhajitEnterprise,C/o DhirendraNath} Dutta, Residing at 4A, Sreema^{Apartment,PostKalyan Nagar, CooperativeSociety,} IDBI Bank Pansila, Pin-700112,^{Dastract- North 24 Parganas.}

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Defendants.

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Counsel for the Applicant^Bank:

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l.ladhupurna Ghosh, Advocate, Set ex-parte on 04/ 11/2024

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]UDGEMENT

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The Applicant Bank filed^{the presentO.A. being No, O.A./29a12O23on0710612023fo(} recovery of a total sum^{of Rs-2A,OA,797} /'^{(Rupeestwenty eight lakh eightthousandseven} hundred and ninety seven^{only) from theDefendantstowardsCashCreditLoantogether} with interest, cost and other usual^reliefs.

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2.TheDefendantsareservedwithsummons,Thedefendantsdidnotappear,astherewasno representation from the defendants.^{the case wasfixedfor ex-Parte hearing on o4111/2024,} and heard ex-Parte^accordinglY.

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The Applicant Bank examined^{1O documents through Ms Paramita Saha, principal officer} marked as Exhibit Annexure^{A to Exhibit Annexure-1.}

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4_ Heard the Ld. Counsel^{for the ApplicantEank}

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The^point that arises^{forconsrderatton ls:}

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

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As stated supra,^{the Defendant remained absent and did not turn up to controvert the} version of the O.A.^{of ApplicantBank The Evidence Affidavit coupled with the recitals in the} documents viz., Exhibits^{Annexure-Ato Exhibit Annexure-lmarkedon behalf of the} Appltcant Bank, established^{the claim of the ApplicantBankagainstthe Defendants and oA} schedule^{properties. Hence, I hotd that the Defendants are iointlyand severally liable to pay} to the Applicant^{Bankthe claims made in the OA with futureinterest and costs'}

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In the result, the^{present Original Applicationis allowed ex-parte withcosts'as under:}

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ORDER

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(1) o.A. No. 298 of 2023 filed^{by the ApplicantBank is allowed and debt is determinedwithcost} against the defendants.^{It is hereby orderedthat applicant bank is entitledto recover from} the defendants^{the total amountto the tune of Rs' 2a,Oa,797/'(Rupees twenty eightlakh} eight thousand seven^{hundredand ninetyseven only) withpendentelite and future interest} @ 10.25olo^{perannum interest with simple on the amount due from the dateof filing of the} Original Application^{i.e. o1/06/2023till full and final realization of the claimamount'}

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(2) Amount, if any, paid by the defendants^{in the toan accountsor amount, if any, recoveredby} the Applicant Bank^{after filing of the O.A.the same be taken intoaccountwhile arrivinqat} the exact amount of dues/debt^{payable by the defendantsAccordingly, pendenteliteand} future interest shall be calculated^{on the reducedamount}

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(3) Defendants are debarred from disPosing,^{alienatingor dealingwith any of theProperties} belonging to them^{till the aforesaid decretaldebt is recovercdfrom the defendants'}

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(4) Defendants are given a time of^{thirtydays from the date of the ludgement/Finalorder for} repaying of the above^{mentioned dues, so intimated to themln case the defendantsfail to} pay the dues within the above mentioned^{time,the applicant bankis entitledto recoverits} dues by sale of secured^{assets. if any. Applicant bank is also entitled to proceed against} peGonal properties of the defendants^{(Both movableand immovable)and alsoproceed} against the defendants^{personallyto recover the duesin accordancewith law'}

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(5) Let the Certificate of Recovery be drawn^{up by Ld Registrar forthwith in termsof} Judgement for issuance^{of thesame against defendantsin favour of theapplicantbank} under Section 19⁽²²⁾ of^{the Recoveryof Debtsand BankruptcyAct, 1993 and put up the} same for issuance of the^Certificate.

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(5) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final ordey'judgement for recovery of the sum against the defendant in favour of the Appllcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnancral Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B)The parties are directed to appear before the Recovery Otficet on 23/12/2024 fot f)rthet action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the originar Apprication being o.A. No. 298 of 2023 is auowed and stands disposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunal,s websrte. File is consigned to the Record Room.

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(Orctated fo steno, transcflbed by her, co.rected, stgned and pronounced by me rn the open Court on the 2li da; of November, 2024)

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_ ( KAMAL DE ) PRESIDING OFFICER.

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Debts Recovery Tribuna!-3, Kolkata Order Sheet (Continuation)

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Case No. OA No. 298 of 2023 State Bank of India
it Enterprise & Anr.
acion *itt'
Date of Order Order with siqnature
Order No.07
Order pronounced (vide separate sheets).
Dt.21t 11/ 2024
In the result, O.A. No. 298 of 2023 is altowed 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,/	298l²⁰²³	State BankofIndia M s Su & Anr.
DateofOrder		orderwithsignature
OrderNo,06 ot.04/1t12024	Presenti. ForApplicant ForDefendants:	Ld,AdvocatelYadhuPurna^Ghosh None
ss	The Registry ha order^passedby despitethe fact Defendants.App Thematteris^pe Defendantsfor closed.ttisclo Counselfor the Applicant mayfil ro2111712024t	sissuednoticeto^{theDefendantsintermsof} this^{Tribunal.Defendantshavenot turnedup} thatthenotices^{have been served uponthe} licant^{prayedforhearingofthecase ex-parte.} ^ndingsince2023.Hence^{rightavailabletothe} filingofW.S.^{andcounterevidenceistobe} sed.TheOA^{proceedsex-parte.HeardtheLd} Applicant.^{Reservedfororder.} ewrittennotesof arguments. ororder.
		(Kamal De) PresidingOfficer DRT-3, Kolkata

State Bank of India v. Ms Subhajit Enterprise and Anr.

Case brief

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State Bank of India v. Ms Subhajit Enterprise and Anr.

Case brief

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