Allowed

Uco Bank v. Sumit Kumar Bose and Anr.

DRT23 Aug 2024OA/392/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal, Kolkata allowed the applicant bank's ex-parte original application for recovery of a term loan claim against two defendants who failed to appear. The decree determined the debt with future interest and directed issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 28,79,198/- with future interest @ 7.25% p.a. issued; defendants given 30 days to pay; recovery certificate to be drawn; recovery officer to realize amount.

Uco Bank versus Sumit Kumar Bose and Anr. — Banking and Recovery | DRT (2024)

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

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PRESIDING OFFICER.

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O.A. No. 392 OF 2022.

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DATE OF DELTVERY OF ORDER I 23/OA/2024

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UCO Bank is a body corporate constituted under the^provisions of the Banking Companies^(Acquisition and Transfer of Undertakings) Act, 1970, having^{its Head} Office at 10, 8.T.14. Sarani, Kolkata-700001 and also having its numerous branches rncluding one New Alipore Eranch, situated at, 70A, Block-D, New Alipore, Kolkata700053, within the jurisdiction of this Ld. Tribunal.

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Applrcanl Bank.

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-Versus-

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1. Sumit Kumar Bose, S/o Sunil Kumar Eosej residing at Keshab Dham Complex, Flat No. 303, 2'd Floor, Block-lt, 80 Lala Babrr Shaire Road, PO- Belur Math, Dist-Howrah, West Bengal-711202. PAN No.- APIPB3941G.

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1. Rakhi Kundu, W/o Sumit Kumar Bose; residing at Keshab Dham Complex, Flat No.3O3, 2id Floor, Elock-II, 80 Lala BabLl Shaire Road, PO- Belur Math, Dist-Howrah, West Bengal-711202.

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Defendants.

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Counsel for the Applicant Bank:

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Sachetan Ghosh, Advocate, Set ex-parte on 16/OA/2024

JUDGEMENT

The Applicant Bank filed the present O.A. being No. O.A./3}2/2O22 on t4/O7/2O22 fat recovery of a total sum of Rs. 2A,79,tga/- (Rupees twenty eight lakh seventy nrne thousand one hundred and ninety eight only) from the Defendants towards Term Loan together wrth 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 hearang on t6/08/2024, and heard ex-parte accordingly.

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The Applacant Bank examined 7 documents through Sri Radheshyam Shukta, Manager marked as Exhibit Annexure-A to Exhibit Annexure-G.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for consideration is :

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Whether the Applicant Bank is entitled to the claam 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 versron of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-G 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 severa y liabte to pay to the Applicant Bank the claims made in the OA with future interest and cosrs.

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In the result, the present Original Application is allowed ex-parte with costs, as unde ,

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ORDER

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, J

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(1)o.A. No. 392 of 2022 fired by the Applicant Bank is alowed and debt is determined with cost against the defendants. It is hereby orde.ed that appricant bank is entifled to recover from ,nu defendants the total amount to the tune ot Rs.2a,79,19g/_ (Rupees twenty eight lakh seventy nine thousand one hundred and ninety eight onty) wath pendentelite and future interest @ 7.25olo per annum interest with simple on the amount due from the date of fitrng of the Originat Applacation i.e. t4/07/2022 ti fu and fanal realization of the claim amount.

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(2)Amount, if any, paid by the defendants in the roan accounts or amount, ifany, recovered by the Applicant Bank after fiting of the O.A. the same be taken into account whtle arrivjng at the exact amount of dues/debt payable by the defendants. Accordangly, pendentellte and future interest shall be catculated on the reduced amount.

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(3) Defendants are ctebarred fro be,ons ne to them ,,,, .n" ",",:,"1:::':11"i[ii,JlJ"ll1']'J','i"TJ,Jr:::.:,""

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(4) Defendants are given a time of thirty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so intimated to them, In case the defendants fail to pay the dues within the above mentioned time, the appricant bank is entired to recover rts dues by sare of secured asset', if any. Appracant bank is ar50 entiaed to proceed against personal properties of the defenclants (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, Reqistrar forthwith in terms of

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ludgement for issuance of the same agaanst defendants in favour of the applicant bank

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under section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the

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same for issuance of the Certificate.

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(6) Ld. Recovery Officer shalt realize the amount as per the Recovery Certificote From the

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defendants in accordance with law

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(7)Ld. Registrar of thas Tribunal is directed to^{deliver recovery certificate in termof the frnal} order/judqement for recovery^{of the sLlm against the defendantin favourof theApplicant} Bank under Section 19^{(22) of the Recovery of Oebts due to the Bank andF'nancial} lnstitutions Act, 1993 now^{knownas Recoveryof Debtsand BankruptcyAct, 1993'}

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(8)The parties are directed to aPpear before^{theRecoveryofficer on 25109/2024 for further} action in accordance^{with law ln the eventthe entireamount is not paidby the saiddate'}

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Accordingly, the original^{Applicatlon beingo.A. No. 392 of 2022is allowedandstands} disposed of.

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Copy of the Judgement/Final^{Order be uploadedan the Tribunal's website'} File is consigned to the^{Record Room.}

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(or.tated to steno, tranScrtbed by her, corrected, slgned and o,onorna"a^{by mern theopenCourt on thrs the 2l'd day} of Auqust, 2024)

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PRESIDING OFFICER,

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

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UCO Bank Vs. Sumit Kumar Eose & Anr'
Case No. OA No. 392 of 2022
Date of Order Order with signature
l-_|-
Order N0.06 Order pronounced (vide separate sheets)'
o1.23108/2024
In the result, O.A. No 392 of 2022 rs allowed with costs lssue
Recovery certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
s5
l
-L.__-

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Debts Recovery Trabunal-3,^Kolkata Order Sheet ( Co ntin u ation )

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UCO Bank Vs. Sumit Kumar^{Bose & Anr.}

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No,O.A.	UCOBankVs.Sumit Kumar^Bos 1392/2022 I
ofOrder	orderwithsignature I
Ords^Na.85 Dlt6/0a/2024	Present:. ForApplrcant:Ld.AdvocateSachetanGhosh ForDefendants:None
55	The Registryhasissued noticetotheDefendantinterms of orderpassedbythisTrabunal.Defendanthasnotturnedup despitethe fact thatthenotices have been serveduponthe Defendant. Applicant prayedforhearingof thecaseex-parte. Thematterispending since2022.Hencerightavailabletosote DefendantforfilingofW.S.andcounterevidenceistobe closed.Itis closed. TheOAproceedsforex-parte.HeardtheLd Counselfor theApplacant. Reservedfororder. Applicant mayfilewrittennotesof arguments. 7023/08/2024fororder.
	(KamalDe) PresidingOfFjcer DRT-3, Kolkata

Uco Bank v. Sumit Kumar Bose and Anr.

Case brief

What is this about?

What did the court decide?

Uco Bank v. Sumit Kumar Bose and Anr.

Case brief

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