Allowed

Canara Bank v. Ms Arti Devi

DRT4 Dec 2024OA/379/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed Canara Bank's ex-parte application for recovery of dues against Arti Devi. The court held the bank entitled to recover Rs. 26,72,436.93 plus interest, issued a recovery certificate, and debarred the debtor from alienating property.

What did the court decide?

Recovery of Rs. 26,72,436.93 with interest; issue of Recovery Certificate; bar on alienation of property; 30-day repayment period granted.

Canara Bank versus Ms Arti Devi — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-III KOLKATA PRESENT: -SRI KAMAL DE,

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PRESIDING OFFICER.

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O,A. No. 379 OF 2023.

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DATE OF DELMRY OF ORDER I O4l t2l2024

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Canara Bank as a body Corporate constituted under the Banking Compantes (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, J.C. Road, Bangalore- 560002, and carrying on business inter alia at 17, Tarun Sengupta Sarani, Italgacha Road,^p.O.- Italgacha, p.S- Dum Dum, North 24 Parganas, Dum Dum- II Branch D.p. Code- 19775, Kolkata-700028, wjthin the jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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l4s. Arti Devi, Prop of M/s. Arti Garments, Daughter of Baban Singh, Axis Malt, unit4O2, 4th Floo(, Block- C Rajarhat, New Town, Kolkata-700156.

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Defendant.

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Counsel for the Applicant Bank: -

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Mr. Amit Gupta, Advocate,

Set ex-parte on

27 /11/2024

JUDGEMENT

The Applicant Eank filed the present O.A. bejng No. O.A./329/2O23 on 2A/06/2023 fot recovery of a total sum of Rs. 26,72,436.93/- (Rupees twenty sjx lakh sevenLy two thousand four hundred thirty six and paisa ninety three only) from the Defendants towards Cash Credit together with interest, cost and other usual retiefs.

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The Defendants are served wlth summons. The defendants did not appear, as there was no representataon from the defendants, the case was faxed for ex-parte hearing on 27/tt/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 13 documents through Sri^partha Bhattacharjee, Senior Ivlanager marked as Exhibit Annexure-A to Exhiblt Annexure A 12_

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that anses tor constderation is :

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whether the Appricant Bank is entitled to the craim made in the oA against the 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 Appricant Bank. The Evidence Affidavat coupred with the recitars in the documents viz., Exhibits Annexure-A to Exhibit Annexure_A_12 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severalty tiable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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

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ORDER

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(1) o.A No. 379 of 2023 fired by the Applicant Bank is afiowed and debt is determined with cost against the defendants. It is hereby ordered that appricant bank is entired to recover from the defendants the totat amount to the tune ot Rs, 26,72,436.93/_ (Rupees twenty six takh seventy two thousand four hundred thirty six and paisa nlnety three only) with pendentelite and future interest @ 10.550/0 per annum interest with simpre on the amount due from the date of filing of the original Application i.e. 2a/o6/2023 tjll fufi and Rnat realization of the claim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O,A. the same be taken into account white arriving at the exact amount of dues/debt payable by the defendants. Accordingty, pendentetite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposang, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the Judgement/Finat Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues wathin the above mentaoned time, the applicant bank is ent,fled to recover its dues by sale of secured assets, if any. Applicant bank is also entiUed to proceed against personal properties of the defendants (Both movable and immovable) and also proceed aqainst the defendants personally to recover the dues in accordance with law.

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(s)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith rn terms of ludgement for issuance of the same against defendants in favour of the appticant bank

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the

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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 frnar order/iudgement for recovery of the sum against the defendant in favour of the Appricant Bank under secflon 19 (22) of the Recovery of Debts due to the Bank and Financiar Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993.

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(8)The parties are directed to appear before the Recovery Officer on 15/01/2025 for further action an accordance with taw tn the event the entire amount is not paid by the said date.

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Accordingly, the originar Apprication being o.A. No. 379 of 2023 is arowed and stands drsposed of.

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Copy of the ludgement/Fanal Order be uploaded in the Tribunal,s website. File is consigned to the Record Room.

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(Dictated to steno. transcribed by her, corrected. stqned and pronounced by me in the open Court on the 4th day of December, 2024)

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( KAMAL DE ) PRESIDING OFFICER.

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

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Case No. OA No. 379 of 2023 Canara Bank Vs. Arti Devi
Date of Order Order with signature
Order No.06
Order pronounced (vide separate sheets).
ot.o4t12/2024
In the result, O.A. No. 379 of 2023 is allowed with costs. Issue
Recovery Certificate accordangly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
55

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

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Case No.O,A.	1379/2023 CanaraSankVs.ArtiDevi
DateofOrder	Orderwithsignature
OrderNo.05 ot.27/11.t2024
	ForApplicant:Ld.AdvocateMr.AmitGupta ForDefendants:None
	TheRegistryhasissued noticetotheDefendantintermsof orderpassedby thisTribunal.Defendanthasnotturnedup despitethe factthatthenotices have been serveduponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematter ispending since June,2023.Hencerightavailable to thesole Defendantfor filing ofW.S.andcounterevidenceas tobe closed.Itis closed. TheOA proceedsex-parte.Heard the LdCounselfor the Applicant.Reservedfororder. fo04/12/2024forotde(.
	(KamalDe) -- PresidingOfficer DRT-3,Kolkata

Canara Bank v. Ms Arti Devi

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms Arti Devi

Case brief

What is this about?

What did the court decide?

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