Allowed

Union Bank of India v. Mrs Sunita Devi Sharma and Anr.

DRT5 Nov 2024OA/449/2022

Case brief

AI extract

What is this about?

The Tribunal allowed an Original Application filed by Union Bank of India for recovery of a term loan of approximately Rs. 24.56 lakh plus interest against two respondents who were absent. The Tribunal issued a recovery certificate and granted a stay on disposal of defendants' assets.

What did the court decide?

Recovery of Rs. 24,56,067.18 with interest at 10.15% p.a.; stay on disposal of assets; recovery certificate issued.

Union Bank of India versus Mrs Sunita Devi Sharma and Anr. — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLXATA pRESENTT -SRI KAMAL OE.

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PRESIOING OFFICER.

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O.A. No. 449 OF 2022.

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DATE OF DELMRY OF ORDER I 05/ttl2OZ4

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Unign Bank of India is a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakjngs) Act, 1970, having its Registered Head Office at 239, Vidhan Bhawan Marg, waiiman poini, tr,tumbai_ 400021, Maharashtra and carrying on busaness thr;ugh its different branches including one at a Branch office at Topsaa Road (S) aranch, Topsta Road (South), 86, Topsaa Road,^p.S. Tiljala, South 24 parganas, Kolkata_700039, commonly known as Union Bank of India, Topsia Branch, within the jurisdiction of this Ld. Tribunat.

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Applicant Bank.

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-Versus-

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1. Mrs. Sunita Devi Sharma, Wife of Late Maheswar Sharma, Having residence at 33/7C/2 pulin Khattick Road, Tangra Road, P.O. Tangra, Kolkata-700015, within the jurisdiction as aforesaid.

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1. Mrs. Bantr Sharma, Wtfe of Late VUay Sharma, Having residence at 33/1C/2 putrn Khattick Road, Tangra Road, P.O. Tangra, Kolkata-700015, within the jurasdictjon as aforesaid.

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Defendants.

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Counsel for the Applicant Bank: -

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Banani Upadhyay Bhattacharjee, Advocate, set ex-parte on L6/OA/2024

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JUDGEMENT

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The Applicant Bank fited the present O.A. being No. O.A./441/2O22 on to/o}/2022 fot recovery of a total sum of Rs. 24,56,067.18/- (Rupees twenty four lakh fifty six thousand sixty seven and paisa eighteen onry) 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 representatlon from the defendants, the case was fixed for ex_parte hearing on L6/Oa/2o24, and heard ex-parte accordingly.

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The Applicant Bank examined 28 documents through Sri Kazt Reazul Haque, Senior Manager marked as Exhibit Annexure-A-1 to Exhibit Annexure-A-2g.

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Heard the Ld. Counsel for the Applicant Bank,

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The pornt that arlses for constderation is :

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whether the Applicant Bank is entiUed 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 Appricant B;nk. The Evidence Affidavit coupled with the recitars in the documents vaz., Exhibits Annexure-A-1 to Exhibit Ahnexure_A-28 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 tiable to pay to the Applicant Bank the claims made in the OA with future jnterest and costs.

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In the result, the present Original Application is allowed ex_parte wjth costs, as under:-

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ORDER

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(1) o.A. No, 449 of 2022 fired by the Appricant Bank is alowed and debt is determined with cost against the defendants. It is hereby o.dered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 24,56,067.1gl_ (Rupees twenty four lakh fifty six thousand sixty seven and paisa eighteen only) with pendentelite and future interest @ 10.159o per annum interest with simple on the amount due from the date of filing of the Original Apptication i,e. LO/OA/2022 ti| fufl and finat 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 while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentetite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, 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 ludgement/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 entiued to recover its dues by sare of secured assets, if any. Applicant bank is arso entifled to proceed against personal properties of the defendi aeainst the derendants personary;1:cjvBeo:irH::';::.'#:J",ll?,Jl ",'"^,.".""0

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for assuance of the same against 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 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 Tribunal is directed to deliver .ecovery certificate in term of the final orderludgement 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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(8)The parties are directed to appear before the Recovery Officet on O5ll2/2O24 for further action in accordance wjth 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. 449 of 2022 is a owed and stands disposed of.

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Copy of the Judgement/Finat Order be uptoaded in the Tribunat,s website. File is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open court on this the 5th day of November, 2024)

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PRESIOING OFFICER,

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

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Case No. OA No.449 of 2022 Union Bank of India Vs. Sunita Devi Sharma & Anr.
Oate of Order Order with signature
Order No.06
Order pronounced (vide separate sheets).
ot.05/11/2024
In the result, O.A. No. 449 of 2022 is allowed with costs. Issue
Recovery Certifi cate accordingly.
( Kamal De )
Presiding Offacer
DRT-3, Kolkata
55

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

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CaseNo.O.A./	449l2O22 UnionBankofIndiavs.sunitaDevisharma& Anr.
DateofOrder	Orderwithsignature
OrderNo.05 Dt.11t09t2024	Paesent:.
	Ld.Advocate Banani Upadhyay Bhattacharjee None ForApplicant ForDefendants
	The Registry has issued noticeto theDefendantsinterms of orderpassedbythisTribunal.Defendantshavenot turnedup despatethe factthatthenotices have been served uponthe Defendants.Applicantprayedforhearingofthecaseex-parte. Thematterispending since2022.Hencerightavailabletothe DefendantsforfilingofW.S.andcounter evidenceistobe closed.Itisclosed.TheOA proceedsex-parte.HeardtheLd. Counselfor the Applicant.Reservedfororder. ro05/11/2024 tororde(.
	(KamalDe ) Presiding Officer DRT-3, Kolkata

Union Bank of India v. Mrs Sunita Devi Sharma and Anr.

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Mrs Sunita Devi Sharma and Anr.

Case brief

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What did the court decide?

What the court decided

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