Allowed

Hdfc Bank v. Sabita Gain

DRT20 Aug 2024OA/426/2022

Case brief

AI extract

What is this about?

This order adjudicated a recovery application filed by HDFC Bank Ltd. against borrower Sabita Gain for an outstanding amount of Rs. 35,71,113.04 with interest. The court allowed the claim, declared the defendant liable, and directed the issuance of a recovery certificate under Section 19(22) of the RDB Act, 1993.

What did the court decide?

Claim allowed; Defendant liable to pay Rs. 35,71,113.04 with 15% p.a. interest; Recovery certificate issued for realization.

Hdfc Bank versus Sabita Gain — Contract and Commercial Disputes | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O.A. No.426 OF 2022

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DATE OF DELIVERY OF ORDER :20^th August, 2024

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HDFC Bank Ltd. , incorporated under the Companies Act, 1956,and carrying on banking business under license granted by Reserve Bank of India under the Banking Regulation Act, 1949 and having its Registered Office at HDFC Bank House, Senapati Bapat Marg, Lower Parel West, Mumbai-400013,and amongst another, having one of its branch office at KharagpurBranch and service of notice at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road,Kolkata-700001.

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..............APPLICANT

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Sabita Gain, Borrower, W/o Nirod Chandra Gain, Uttar Bhabanipur, Kharagpur, Near Ramthakur Ashram, West Midnapur,Pin-721301.

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.............DEFENDANT

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Counsel for the Applicant Bank: - Ms. Gitasree Chattopadhyay, Ld. Counsel

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Counsel for the Defendant:- Set ex-parte on 31.07.2024

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J U D G M E N T

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The present Recovery Application is filed by the HDFC Bank Ltd . , a body corporate incorporated under the Companies Act, 1956, and having one of its branch office at Kharagpur Branch and service of notice at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001 carrying on business for recovery of Rs. 35,71,113.04P with interest as per contractual rate @ 15% p.a.with monthly rest from 15.07.2022 against the Defendant till payment and/or realization.The Defendant is the borrower/guarantor/mortgager.

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The service of summons was effected upon the Defendant in usual mode of postal service. Despite substituted service of summons and giving sufficient time, the Defendant is not appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendant is declared ex-parte on 31/07/2024.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Sandip Kumar Roy,Manager(Legal)of the Bank annexing the various documents which are exhibited.

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I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost.

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In the above circumstances it is ordered:

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O R D E R

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i) Claim of the Applicants is allowed with cost.

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ii) The Defendant is liable to pay Rs. 35,71,113.04P with interest as per contractual rate @ 15% p.a. with monthly rest from 15.07.2022 against the Defendant till payment or realization.

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iii) The claim is secured by hypothecation of movables. iv) Let, a certificate be issued accordingly.

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v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendant in accordance with law.

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vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment 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 Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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vii) The parties are directed to appear before the Recovery Officer on 19/09/2024 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O.A. No.426 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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File is consigned to the Record Room.

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(to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day of 20^th August, 2024)

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Place: Kolkata (Ambuja Mohan Das )

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Date: 20^th August2024 Presiding Officer

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Page No.-	Order Sheet(continuation)
Case No. OA/426/2022	HDFC Bank Ltd. vs Sabita Gain
Date of	Order with signature

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Office action with date and dated signatur

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of parties when necessary

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the order
20^th August202 4	Ld. AdvocateMs. Gitasree Chattopadhyay appeared for the applicant bank. None appeared on behalf of the Defendant. Matter was heard in open Court on this the day of 31/07/2024. The detailed order in two pages annexed separately. The gist of the order is as follows: O R D E R
	i) Claim of the Applicants is allowed with cost. ii) The Defendant is liable to pay Rs. 35,71,113.04P with interest as per contractual rate @ 15% p.a. with monthly rest from 15.07.2022 against the Defendant till payment or realization.
	iii) The claim is secured by hypothecation of movables.
	iv) Let, a certificate be issued accordingly.
	v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendant in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment 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 Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer on 19/09/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No. 426 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day of 20^th August2024)
	Place: Kolkata (Ambuja Mohan Das ) Date:20^thAugust2024 Presiding Officer

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Hdfc Bank v. Sabita Gain

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Sabita Gain

Case brief

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What did the court decide?

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