Allowed

State Bank of India v. Jaydeep Thakur and Anr.

DRT13 Feb 2024OA/493/2022

Case brief

AI extract

What is this about?

Allowed an ex-parte application by State Bank of India for recovery of a home loan amount of Rs. 25,16,714/- with interest against the defendants who failed to appear. Ordered determination of debt, calculation of future interest, asset moratorium, and issuance of a recovery certificate.

What did the court decide?

Allowed OA; ordered recovery of Rs. 25,16,714/- with 7.10% p.a. future interest; issued recovery certificate; imposed asset freeze; directed 30-day repayment period before enforcement.

State Bank of India versus Jaydeep Thakur and Anr. — Banking and Recovery | DRT (2024)

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BEFoRETHETtBRltLtt:-:t*1"-llrT,-',NAr--rrrKoLKArA

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PRESIDING^OFFICER.

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O,A. No'^{493OF 2022'}

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DATE OF DELMRY^{oF ORDER IL3lOZl2024}

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State Bank of tndia^{is a body corporateconstituted under the StateBank of India} Act, 1955 having its central^{officeat State BankBhawan, lYadam CamaRoad,} Mumbai-4OOO21 and^{its Local Headofficeat 1, Strand Road, Kolkata-700001and} having its Branch, among others, being^{RACPC, Bidhannagarat, Zonal Office} Building, (4tE Floor), 1/16, V.l.P. Road,^{Kolkata-700054,West Bengal,within the} jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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Versus-

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lYr, Jaydeep Thakur, son of Mr. Shivnath Thakur, of 2BA, Munshi Gunqe Road, Khidderpore, Kolkata-700023. PAN: AZJPT2519H.

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BanaJ Developers Private Limited, having registered office at 5/1A, Hungerford Street,4B, Castle House, 3'd Floor, Kotkata-700017, pAN: AAFCB1198L.

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Defendants.

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Counsel for the Applicant Bank:

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D. Saha, Advocate,

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Set ex-parte on 12102/2O24

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]UDGEIYENT

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The Applicant Bank filed the present O.A, being No. O.A./49312O22 on 05/08/2022 fol recovery of a total sum of Rs. 25,16,714/- (Rupees twenty five lakh sixteen thousand seven hundred and fourteen onry) from the Defendants towards Home 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 12/02/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 11 documents through Santosh Kumar, Chief l4anager marked as Exhibit Annexure-A 1 to Exhibit Annexure,A 11.

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Heard lhe Ld. Counsel for the Applicant Bank.

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The potnt that arises for consideration is :

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\ I

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Whether the Applicant Bank is entitled to the^{claim made in the OA againstthe Defendants} and OA schedule^properties as^prayedfor?

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As stated supra, the Defendant remained absent^{and did not turn up to controvertthe} version of the O.A, of Applicant Bank. The Evidence Affidavit coupled^with the^{recitals in the} documents viz., Exhibits Annexure-A 1 to Exhibit Annexure-A 11^marked on^{behalfof the} Applicant Bank, established the claim of the Applicant Bank against the Defendants and^OA schedule^propertres. 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 lhe result, the present Original Applrcatron rs allo;ed ex-parte wrth costs, as under:-

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ORDER

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(1) O.A. No. 493 of 2022 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune of Rs. 25,16,714/- (Rupees twenty five lakh sixteen thousand seven hundred and fourteen only) with pendentelite and future interest @ 7.10o/o per annum interest with simple on the amount due from the date of filing of the Original Appticatron i.e. 05/08/2022 ti full and final realization of the ctaim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, lf 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, pendentelite 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 rs recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the ludgement/Finat Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fajl to pay the dues within the above mentioned time, the applicant bank is enti,ed to recover its dues by sale of secured assets, iF any. Applicant bank is also entiued to proceed against persona{ properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance wtth law.

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(5) Let the Certificate of Recovery be drawn Lrp by Ld, Registrar forthwith in terms of

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Judgement for issuance of the sdme 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 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

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defendants in accordance wiLh law.

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(7) Ld. Registrar of this Tribunal 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 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 Officer on 18/03/2024 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. 493 of 2022 is allowed and stands disposed of.

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Copy of the .ludgement/Final Order be uploaded in the Tribunal,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 13rh day af Febtuaty, 2024)

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( KAIYAL DE ) PRESIDING OFFICER.

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

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Case No. OA No.493 of 2022 State Bank of India vs. Jaydeep Thakur & Anr.
Date of Order order with signature
Order No.
Order pronounced (vide separate sheets).
Dt.13/02/2024
In the result, O.A. No. 493 of 2022 s allowed with costs. Issue
Recovery Certificate accordingly.
Preslding Officer
DRT-3, Kolkata
ss

State Bank of India v. Jaydeep Thakur and Anr.

Case brief

What is this about?

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State Bank of India v. Jaydeep Thakur and Anr.

Case brief

What is this about?

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