Allowed

Canara Bank v. Ms Anita Poddar

DRT30 Jul 2024OA/38/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte original application filed by Canara Bank for recovery of a loan amount from Anita Poddar, who failed to appear. The tribunal determined the debt and ordered the issuance of a recovery certificate under the RDB Act.

What did the court decide?

The debt of Rs. 48,61,946.60 was determined, with interest at 9.15% per annum. A recovery certificate is to be drawn up and issued. Defendants are debarred from disposing of properties.

Canara Bank versus Ms Anita Poddar — Contract and Commercial Disputes | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA PRESENT: -SRI KAMAL DE.

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PRESIOING OFFICER.

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O.A, No. 38 OF 2024,

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DATE OF DELMRY OF OROER | 3OlO7lZO24

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Canara Bank is a body Corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakangs) Act, 1970, having its Head Offjce at 112, .1.C. Road, Eengaluru-560002, and carrying on business interatia at Canara Bank, Regional Office- 2,651 Anandapur,^p.S- Anandapur, South 24 parqanas, Kolkata, 700107, within the jurisdaction of thjs Ld. Tribunat.

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Applicant Bank.

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-Versus-

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l,ls. Anita Poddar, Proprietress of M/s. New Apanian, Wife of Sri Debasish poddar, At- Naipukur, P.O- Rajarhat, Rajarhat, North 24 parganas, Kotkata-700132. Also at- M/s. New ApanJan, C/o Anita^poddar, Rajarhat Bibhuti Market, p.ORaJarhat, North 24 Parganas, Kolkata-700135.

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Defendant.

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Counsel for the Applicant Bank: -

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Mr. Amat Gupta, Advocate,

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Set ex-parte on 2210712024

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JUDGEIYENT

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The Applicant Bank filed the present O.A. being No. 0.A./38/2024 on Og/Oll2O24 fot recovery of a total sum of Rs. 48,61,946,60/- (Rupees forty eight lakh sixty one thousand nine hundred forty six and paisa sixty only) from the Defendants towards Cash Credit and Term Loan (Housing) together with interest, cost and other usual reliefs.

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2, The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 22/07/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 24 documents through Sri Vijay Kumar patel, Divisionat IYanager marked as Exhibit Annexure-A to Exhibit Annexure-A-23.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for Constderation is :

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Whether the Applicant Bank is entitled to the claim 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 Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz,, Exhibits Annexure-A to Exhibit Annexure- A-23 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^jointly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is allowed ex-parte wath costs, as under:

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ORDER

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(1) O.,C. No. 38 of 2024 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 48,61,946,60/- (Rupees forty eight lakh srxty one thousand nine hundred forty six and paisa saxty only) with pendentelite and future interest @ 9,15o/o per annum interest with simple on the amount due from the date of filing of the Oraganal Application i.e. 09/01/2024 till full and final 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 filang of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alrenating or dealing with any of the propertres belonging to them till the aforesaad decretal debt is recovered from the defendants.

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

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for issuance of the same against defendants in favour of the applicant bank Lrnder 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 defendants in accordance with law.

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(7) Ld. Registrar of this Trabunal as directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant

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Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnancrat Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are directed to appear before the Recovery officer on 3olo8/20 24 fot fufther actton in accordance with law in the event the entire amount is not paid by the said date.

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Accordingty, the Original Apptication berng O.A. No. 3B of 2024 is a owed and stands dtsposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunat,s websrte. Frle ts consigned to the Record Room,

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(Drctaled to steno, transcflbed by her, cor,ected, sroned an., p'onourced by .rre rn the open Cou( on the 30,. dd; of luly, 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, OANo	.38ot2024 CanaraBankvs. AnitaPoddar
Date of Order	Orderwithsignature
OrderNo.06 ot.30to7t2024	Order pronounced (vide separate sheets).
	Inthe result,O.A, No. 38of2024 is allowedwithcosts. RecoveryCertificate accordingly.
ss	(KamalDe) PresidingOfficer DRT-3,Kolkata

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

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CaseNo,O.A./	3a,/2OrZ		CanaraBank Vs.Anitap;d
		Orderwith	signature
OrderNo.05 Dt,22t07/2024	Present:.
	ForApplicant ForDefendants:	:Ld.Advocate None	Mr.AmitGupta
	TheRegistryha orderpassedby despltethefact Defendant.Appla The matteris availabletosole evidenceistobe parte,Heardthe order. Appljcant mayfile Ta30/07/2A24for	sissued notice thisTribunal. thatthenotice cantprayedfor pendingsince Defendantfor closed.Itisclo LdCounselfor writtennotesof otder_	to theDefendantinterms of Defendanthasnot turnedup s have been serveduponthe hearingofthecaseex-parte. January2024.Henceright filingofW.S.andcounter sed. TheOAproceedsforex- theApplicant.Reservedfor arguments.
			{Ka.na, De) prestdrng Offtcer DRT3,Kolkata

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Canara Bank Vs. Anita p;ddar

Canara Bank v. Ms Anita Poddar

Case brief

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Canara Bank v. Ms Anita Poddar

Case brief

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