Allowed

Canara Bank v. Gouranga Mohan Sarkar

DRT5 Dec 2024OA/385/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal Kolkata, ex-parte order allowing Canara Bank's applicant for recovery of a term loan sum of Rs. 22,26,881 from the defendants. Court directed issuance of recovery certificate and debarred defendants from alienating properties.

What did the court decide?

Debt determined; Rs. 22,26,881 recovered with interest; defendants debarred from alienating properties; recovery certificate issued to realize dues.

Canara Bank versus Gouranga Mohan Sarkar — Banking and Recovery | DRT (2024)

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BEFORE THE OEBTS RECOVERY^{TRIBUNAL'IIIKOLKATA} PRESENT :^. SRI KAMAL DE

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PRESIDING OFFICER

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O.A. No. 385 of 2023

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DATE OF DELMRY OF ORDER , 5/12/2024

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CANARA BANX is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having lts Head Office at 112, l, C. Road, Bangalore - 560002 and at all material time it carried on and carrying on its banking business from its Branch Office at 17. Tarun Sengupta Sarani, Italgacha Road, P.O. Italgacha, P.S. Dum Dum, North 24 Parganas, Kolkata - 700028, commonly known as Dum Dum - II Branch, hereinafter referred as the "Applicant Bank", within the^jurisdiction of this Ld Tribunal.

Applicant Eank

- Versus -

Mr. Gouranga l.{ohar Sarkar,^proprietor of M/s Sabita Enterprise, son Swapan Sarkar, residing at 24l1A, Topsia Road, Titjala, Kotkata -7OOO39

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Defendants

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Counsel for the Applicant Bank:

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Amit Gupta, Advocate

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Set ex-parte on 29/ 11/2024

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JUDGEMENT

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The Applicant Bank fited the present OA betng No. O.A.385 of 2023 on 30/06/2023 fot recovery of a total sum ot Rs. 22,26,Aa!- (Rupees twenty two lakh twenty srx thousand eight hundred eighty one only) from the Defendants towards term loan together with interest, cost and other usual reliefs.

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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 29/11/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 13 documents through Mr. partha Bhattachaoee, ttanager, marked as Exhlbit Annexure - A to Exhibat Annexure - A/12.

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Heard the Ld. Counset for the^ Appticant Bank,

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The point that arises for consideration is^:

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whether the Applicant Bank is entltled 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 vaz,, Exhibit Annexure - A to Annexure - A,/12, marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Oefendants 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 resurt, the present origanar Apprication is aflowed ex-parte with costs, as under:_

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ORDER

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(1) o.A. No. 385 of 2023 fited by the Appticant Bank is a owed and debt is determined with cost against the defendants, It is hereby ordered that applicant bank is enti|ed to recover from the defendants the t amount to the tune of Rs 22'26'881/- (Rupees

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twenty two rakh twenty six thousa a nd rutu re i nterest @ r., rr" 0". J".",",i n l"I:Tfff :H: ::ill lJ:,:: :1"ff j:

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the date of filing of the Original Apptic ation i.e. 30/06/2023 tilt fufi and finat reatization of the claim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, jf any, recovered by the Appricant Bank after firing of the o.A. the same be taken into account while arriving at the exact ami Accordinery, pendenterite and rr.,,":::: j: "::;'j::::"J,"'"1t::^{;: .:::;';:T::::}

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

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(4) Defendants are glven a tjme of thirt days from the date of the ludgement/Final order

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for repaying of the above men(ohed so intimated to them ln case the defendants

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fail to pay the dues within the abovi mentioned time' the applicant bank is entitled to

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recover its dues by sale of secured proceed asainst personar properties jiii];;",1?l"ii"::::: l'"ilT::fi :; and also proceed against the defend ants personally to recover the dues in accordance

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with law.

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(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for jssuance of the same i defendants in favour of the applicant bank

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under sectaon 19 (22) of the *"aor",tn"'ntt of Debts and Bankruptcy Act, 1993 and put up

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the same for issuance ortne ceruRcatl

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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 Trtbunal is 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 Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutlons 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 Otncer on 7/Ol/2O25 for further actaon in accordance with law in the event the entire amount is not paid by the said date.

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Accordjngry, the originar Appflcation berng o.A. No. 38s of 2023 is alowed and stands disposed of.

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Copy of the JudgemenvFinal Order be upload in the Tribunalt website. File ls consigned to the Record Room.

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,iltr.li'# ;il; fi ilfl^{H byt'''nco"ucted,sisned an6} )_ oay ot Oe(ember, 2024 )

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( KAIYAL DE ) PRESIDING OFFICER

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som/

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

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c.se No. oA No. aEsZiozs Canara Bank Vs, Couranga f,fotran Sarf<ai

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orderNo.7 ot.st12t2024	Order pronounced (vide separate sheets).
	Intheresult,O.A. No. 385of2023isalowed withcosts. Issue RecoveryCertiftcate accordingly.
	(Kamal De) PresidingOfficer DRT-3, Kotkata

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

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caseno..e7	s8s7-23 CanaraBankVl. Gourangat,toh-;=;kar
	Orderwithsignature
OrderNo.G ot,29/11/2024	Present!.
	ForApplicant: ForDefendants Mr.AmitGupta,Ld Counsel :None TheRegistryhasissued noticetotheDefendantinterms of orderpassedby thisTribunal.Defe despitetherarattre-iol;;#Llil::'ilJ;: Defendant. Applicant prayedforheal Thematteris,l,".""rorr' ccr'ngofthecaseex-parte. n-ra6,--!<--.._ ncerightavailabletosol*e Defendantforfiringof w.s.andc r"--rqrrourE u r crosed.rtiscrosed. -rr" ";^{;;";."rj::::r#:ff} ,:::; Counsetforthe Appltcant.Reservedfororder. Applicant may filewrittennotesof arguments.

Canara Bank v. Gouranga Mohan Sarkar

Case brief

What is this about?

What did the court decide?

Canara Bank v. Gouranga Mohan Sarkar

Case brief

What is this about?

What did the court decide?

What the court decided

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