The Deputy Presiding Officer allowed the bank's recovery application. The claim for Rs. 1.77 crore plus interest was admitted based on affidavit evidence submitted by the bank, as the defendants appeared by ex-parte order.
Allowed the claim of Rs. 1,77,91,954.85 plus interest; directed issuance of recovery certificate and recovery by the Recovery Officer.
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.320 OF 2022
DATE OF DELIVERY OF ORDER : 3rd April, 2024
Canara Bank , a body corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at 112, J. C. Road, Bengaluru, Karnataka-560002, and carrying on banking business through various branches amongst others namely Canara Bank (erstwhile Syndicate Bank), at 6, N.S. Road, Police Station- Hare Street, Kolkata-700 001.
..............APPLICANT
................DEFENDANTS
Counsel for the Applicant Bank: - Ms. Jayita Roy, Ld Counsel
Counsel for the Defendants:- Set ex-parte on 05.03.2024
J U D G M E N T
The Defendants are the borrower/guarantor/mortgager.
O R D E R
Officer on 14/05/2024 for further action in accordance with law in the event the entire amount is not paid by the said date.
Accordingly, the Original Application being O.A. No.320 of 2022 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 Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 3rd April, 2024)
Place: Kolkata ( Ambuja Mohan Das ) Date: 3rd April, 2024 Presiding Officer
| Page No.- | Order Sheet(continuation) | |
|---|---|---|
| Case No. O | A/320/2022 Canara Bank vs Siddhanta Impex India Pvt. Ltd. & Ors. |
|
| Date of the order |
Order with signature | Office action with date a dated signature of parties whe necessary |
| 3rdApril, 2024 |
Ld. Advocate Ms. Jayita Roy appears for the applicant None is present on behalf of the Defendants. Matter was heard in open Court on this the day of 05/03/2024. The detailed order in three pages annexed separately. The gist of the order is as follows: O R D E R |
|
| i) Claim of the Applicants is allowed with cost. |
||
| ii) The Defendants are jointly and severely liable to pay Rs.1,77,91,954.85P with interest as per contractual rate @ 11.75% p.a. with monthly rest from 01.07.2022 against the Defendants till payment or realization. |
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| iii) It is declared that the claim is secured by Hypothecated of moveable assets described in the schedule in the TA of Page/336. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) 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 defendant 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. vii) The parties are directed to appear before the Recovery Officer on 14/05/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No.320 of 2022 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 Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 3rdApril, 2024) |
||
| Place: Kolkata ( Ambuja Mohan Das ) Date: 3rdApril, 2024 Presiding Officer |
1 issue framed by the court
Whether the bank's claim for recovery of dues is within the jurisdiction and limitation of the Tribunal.
1 provisions across 1 enactments
Canara Bank
Siddhanta Impex India Pvt. Ltd.
Subhasish Gangopadhyay
Puja Roy Gangopadhyay
Debasish Ganguly
Nivedita Chatterjee
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
