Allowed

Canara Bank v. Ms Anasua Deb

DRT17 Dec 2024OA/458/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an application by Canara Bank ex-parte against Anasua Deb for recovery. The Tribunal held the defendant jointly and severally liable for the outstanding debt and granted a decretal amount with future interest and a recovery certificate.

What did the court decide?

Decree for recovery of Rs. 25,16,727.31 plus future interest; prohibition on disposal of property; direction to issue Recovery Certificate under Section 19(22) of RD&BA.

Canara Bank versus Ms Anasua Deb — Banking and Recovery | DRT (2024)

¶1

¶2

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

¶3

PRESIDING OFFICER.

¶4

O.A, No. 45a OF 2023.

¶5

DATE OF DELMRY OF ORDER I tZ/t2/2OZ4

¶6

Canara Bank is a body Corporate constituted under the Banking Companjes (Acquisition and Transfer of Undertakings) Act, 1970, havjng its Head 5ffi." u, ,rr, IC. Road, Bangalore- 560002, and carrying on business inter alia at 17, Tarun sengupta sarani, ltalgacha Road, p.o.- Italgacha, Dum Dum_ II aranctt, p.s_ oum Dum, North 24^parganas, Korkata'7ooo2g, within the jurisdiction of ttris ri. rriounat.

¶7

Applicant Bank.

¶8

-Versus-

¶9

Ms. Anasua Deb, prop. ot M/s. Dwarka Dau^gI'rer 9r Gopar Das, un,r 512, rroor, I he Termtnus Buildtng RaJarhat, ^1T.?e: New Iown, Actton Area_1, Kolkata_700156.

¶10

Defendant.

¶11

Counsel for the Applicant Bank: -

¶12

Mr. Amit cupta, Advocate,

¶13

Set ex-parte on 10/L2/2024

¶14

J UDGEI^4E NT

¶15

¶16

The App,icant Bank filed the pres(

¶17

recovery or a tota, sum ", . ,r,;::,,';:,i:ii,]i;.ill1iy#:il,.:,.1".:r,r,:,,:"::i seven hundred twenty seven and paisa thirty one only) from,i" o."nd"",, towards Cash Credit together with jnterest, cost and other usual reliefs.

¶18

¶19

The Defendants are served with sum

¶20

representation rrom the derendants,;:::,1:ff::i::"1_H:;:::il,as there was no and heard ex-parte accordjnqly. g oo 10/12/2024,

The Applicant Bank examined 14 d( partha Bhartacharjee, Manaeer marked as Exhibit Annexure_A t"._-r',rlT::::i:l-rl.sri

¶25

Heard the Ld. Counsel for the Applicant Bank

¶26

The pornt that aflses for consrderatron rs :

¶27

Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

¶28

¶29

¶30

As stated supra, the Defendant remained absent and did not turn up to controvert the version of the o A. of Appricant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibtts Annexure-A to Exhibit Annexure_A_13 marked on behalf of the Applicant Bank, established the ctaim of the Appticant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severa y tiable to pay to the Applicant Bank the claims made in the OA with future interest and costs,

¶31

In the result, the present originar Apprication is alowed ex-parte with costs, as under:-

¶32

ORDER

¶33

¶34

(1) O.A. No. 4SB of 2023 fited by the Appticant Bank is afiowed and debt ts determined with cost against the defendants. It i5 hereby ordered that appricant bank is entitred to recover from the defendants the total amount to the tune of Rs. 25,1,6,727.31/_ (Rupees twenty fave lakh sixteen thousand seven hun and ruture nterest @ r,rfi:,:::H;.:"::ilHi}ffi :::";;::::T:I1[ date of filing of the ortgtnat Apptication i.e. o2/OB/2o23 till fu and finat realization of the ctaim amount.

¶35

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Eank after filih rhe exact amount " .*r.:rl'j;;j r;':r'j["::::.:";:Hffi],;:[#J:"7 future interest shall be calculated on the reduced amount.

¶36

(3) Defendants are debarred frot disposing' alienating or dealing with any of the properties

¶37

beronging to them tirr tne aform esaid decretal debt ls recovered from the defendants.

¶38

(4) Defendants are given a time , tn'* days from the date of the ludgement/Final order for

¶39

repaying of the abov" ,"n,,o,ot dues' so intimated to them ln case the defendants fail to

¶40

pay the dues wrttrin ttre aboven t"nt'on"o time' the applicant bank is entitled to recover its

¶41

dues by sare of secured uar", if any Applicant bank is also entitled to proceed against

¶42

personar properties or tne aet aeainst the derendan.. r"""iil::::."':"::rlil::'; ::#::J"0,"r, -, ",..""1

¶43

(5) Let the certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of

¶44

ludgement for issuance of the same against defendants in favour of the appticant bank

¶45

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

¶46

same for issuance of the Certificate.

¶47

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the

¶48

defendants in accordance with law.

¶49

(7) Ld. Regastrar of this Tribunal is drrected to deliver recovery certificate in term of the final orderludgement for recovery of the sum against the defendant in favour of the Applicant Eank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnancral lnstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

¶50

(8)The parties are directed to appear before the Recovery Ofticet on 17/0112025 for further action in accordance with law in the event the entire amount is not paid by the said date.

¶51

Accordrngly, the Original Application being O.A. No. 458 of 2023 js allowed and stands disposed of.

¶52

Copy of the Judgement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room.

¶53

(Dtctated tosteno, transcnbed by he., corrected, stgnec, and :;"J"".:T;:"t'r&".i"^{tneopencourton ine rz'; a"i --'""}

¶54

paestolrrrc orrrbrn.

¶55

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

¶56

Case No. OA no. +Sg o, ZOi.3
Canara gank vi, enaara Dab
Order with signature
Order No.O6
Dt.17 / 12/ 2024
Order pronounced (vide separate sheets).
In rhe resutt, O.A. No. 458 of 202.1 rs
Recovery certrFrcate a..".;;,;. " allowed with cosrs. Issue
( kdmal De )
Presidrng Offtcer
DRT-3, KoIkat;

¶57

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

¶58

CaseNo.O,A,/	45al2023		Canara BankVs.AnasuaDeb
Date of Order		Orderwith	signature
OrderNo.05 ot.10t12t2024	Present:.
	ForApplicant: ForDefendants:	Ld.Advocate None	14r.AmitGupta
	TheRegistryha orderpassedby despitethe fact Defendant. Appli The matteris availabletothe evidenceistob parte.Heardthe order. fo17/12/2024 fo	sissued notice thisTribunal. thatthenotice cant prayedfor pendingsince soleDefendant eclosed.Itis LdCounself torder.	to theDefendantintermsof Defendanthasnotturnedup s have been served upon the hearangofthecaseex-parte. August,2023.Henceright for filing ofW.S. and counter closed.TheOAproceeds ex- ortheApplicant.Reservedfor
			(KamalDe) PresidingOfficer DRT-3,Kolkata

Canara Bank v. Ms Anasua Deb

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms Anasua Deb

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Icici Bank Limited versus Shailesh Kumar

Icici Bank Limited versus S S Guards Pvt. Ltd. and Ors.

Icici Bank Limited versus Jakir Molla and Anr.

Sri Souvik Roy and Anr. versus Canara Bank

Indian Bank versus M/S Best Services and Ors.

Canara Bank versus Rajat Kanti Das