Debts Recovery Tribunal allowed an ex-parte Original Application filed by Karur Vysya Bank Ltd. for recovery of dues totaling Rs. 3,17,51,178 with interest from two defaulting borrowers.
Recovery of Rs. 3,17,51,178 with pendent lite and future interest; recovery certificate to be issued; directions to sell secured assets if dues remain unpaid.
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.III KOLKATA PRESENTI -sRI KAMAL DE.
PRESIDING OFFtCER.
O.A. No. 35 OF 2023.
DATE oF DELMRY OF oRDER I tS/O?/2024
The Xarur Vysya Bank Ltd, is a bahking company, duly incorporated under the provisions of Indian companies Act 1913 and having its Registered Office at 20, Erode Road, Vadivel Nagar, L.N.S., Karur-E39OO2 and having its Divisionat Office at The Karur Vysya Bank Ltd., Assets Recovery Branch, Divisrrcnat Office, 15, Bondet Road, First Floor, Kolkata-7OOO19 and transacting different kinds of banking business through ats various branches all over the country including its The Karur Vysya aanl Ltd. at 80/2, Bangur Avenue, Block-C, Ground Floor, Near Town Hall, p.S. Lake Town, Kolkata-700055 known as Bangur Avenue Branch, within the ju;isdiction of this Ld. Tribunal.
Applacant Bank.
-Versus-
J
Defendants.
Counsel for the Applicant Bank: _
Guhja Pachisia, Advocate, Set ex-parte on osl 07 /2024
JUDGEMENT
Il:,:::,:.::,,^1Ti rired-the present o.A, beins No. o.A./3s/2o23 on Lwt zB/12/2022 !.t.vaz ft o tl (Rupees three ..o.e..n-,""n rakh nrty one thousand one hundred and seventy e iqh t ;::::::: ",.]ii""jl]. lj7,st,17a/. agh only) from the Defendants towards l,4ortgage Cash Credit (OCC) Loan and HPI4A Loan together with interest. cost and other usual reliefs.
Heard the Ld, Counsel for the Applicant Bank.
The potn! that arises for consideration is :
Whether the Applicant Bank is entifled to the claim made in the OA aqainst the Defendants and OA schedule properties as prayed for?
As stated supra, the Oefendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitats in the documents viz., Exhibits Annexure-A,1 to Exhibit Annexure_A_11 marked on behatf of the Applicant Bank, established the claim of the Applicant Bank aqainst the Defendants and OA schedule properties. llence, I hold that the Defendants are joindy and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Original Application is allowed ex_parte with costs, as underi-
ORDER
J
Accordingly, the Original Application being O.A, No. 35 of 2023 is a owed and stands disposed of.
Copy of the Judgement/Fanat Order be uptoaded in the Tribunal,s website. File ts consigned to the Record Room.
(Drctated tosteno, transcribed by he., corrected, signed and ,n" the open court on th'ls the rs'i dav 3;:lir:1'3to:' '"
Debts RecoveryTribunal-3, Kolkata Order Sheet (Continuation)
The Karur VYsYa Bank Ltd.
case No. oa No. 35 0t 2023
order with signature
_l
I
Order No.05 order pronounced (vide separate sheets)'
ot.15/0712024
In the result, O.A. No. 35 of 2023 is allowed with costs lssue
Recovery Certificate accordingly,
( Kamat De
Presiding Officer
DRT-3, Kolkata
Debts RecoveryTribunal-3,Kolkata Order Sheet (Continuation)
| caseNo.o.A./ | TlrefirurvysyaeankLta. Vs, Babysaha&Anr' 35/2023 |
-] |
|---|---|---|
| oate of O.der | Orderwithsignature |
|
| OrderNo,04 Dt,05to712024 |
Prescnti. ForApplicant:Ld,AdvocateGunjaPachisia ForDefendants:None |
|
| ss | TheRegistryhasissued noticeto theDefendantintermsof orderpassedbythisTribunal.Defendanthasnotturnedup despitethe factthatthenotices have been serveduponthe Oefendant.Applicantprayedforhearingofthecaseex-parte. Thematterispending since2022.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe c,osed.Itis closed. TheOAproceedsfor ex-parte.HeardtheLd Counselfor the Applicant,Reservedfororder. Applicant mayfilewrittennotesof arguments. To15/07/2024foto(det. |
|
| (KamalDe) PresidingOfficer DRT-3, Kolkata |
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties?
1 provisions across 1 enactments
Karur Vysya Bank Ltd.
Mrs. Baby Saha
Sansarpur Saha
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
