In an ex-parte recovery proceeding, the Debts Recovery Tribunal allowed the Applicant Bank's claim against two Defendants. The debt was determined to be Rs. 20,67,845.46 plus interest, and a Recovery Certificate was ordered under Section 19(2).
Recovery of Rs. 20,67,845.46 plus interest; issuance of Recovery Certificate under Section 19(2) of the DB Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT: -SRI KAMAL DE.
PRESIDING OFFICER.
O.A. No. 504 OF 2023.
DATE OF DELIVERY OF ORDER,I O3/OSI2024
Puniab National Bank is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, havjng its Head Office at Plot No-4, Sector-10, Dwarka, New Delhi-110075, and carrying on business through one of its Circle Sastra Division, North 24 patganas,4gA, lessore Road, Seth Pukur, Barasat, Kolkata-700123 and branches interalia at Haroa Branch, police Station & Post Office: Haroa, District: North 24 parganas, Kotkata-743425, within the jurisdiction of thrs Ld. Tribunal.
Applicant Bank.
l
Defendants.
Counsel for the Applicant Bank: -
Samapti Roy, Advocate, Set ex-parte on 23/04/2024
JUDGEMENT
1, The Applicant Bank filed the present O.A. being No. O.A./S04I2023 on 16/08/2023 fot recovery of a total sum of Rs. 20,67,845.46l- (RLtpees twenty lakh sixty seven thousand eight hundred forty five and paisa forty six only) from the Defendants towards Cash Credit together with interest? cost and other usual reliefs.
1 -l
Whether the Applicant Bank is entatled to the claim made in the OA agaanst the Defendants and OA schedule properties as prayed for?
In the result, the present Original Application is allowed ex-parte with costsr as under:_
ORDER
Accordingly, the Original Application being O.A. No. 504 of 2023 is allowed and stands disposed of.
Copy of the Judgement/Final Order be uploaded in the Tribunal's website. File is consigned to the Record Room.
(Dictated to steno, transcribed by her, corrected, signed and pronoLrnced by me in the open Court on the 3'd day of May, 2024)
( KAMAL DE ) PRESIDING OFFICER,
Debts Recovery Tribunal-3,Kolkata Order Sheet (Continuation)
case No, oA No. 504 0f 2023 National vs. Sk. Mahasin & Anr.
Date of Order order with signature
Order No.05 Order pronounced (vide separate sheets).
Dt.03/05/2024
In the result, O.A. No. 504 of 2023 is allowed with costs lssue
Recovery Certif icate accordingly.
( Kamal De )
Presiding Officer
DRT-3. Kolkata
s5
Debts RecoveryTribunal-3, Kolkata Order Sheet (Continuation)
| caseNo.O.A./ | 504/2023 punjaUt'tationalBankVs.Sk. Mahasin & Anr. |
|---|---|
| Date ofOrder | Ord€rwithsignatur€ |
| OrderNo.04 pt.23/a4/2024 |
Present:. ForApplicant:Ld.Advocate SamaptiRoy ForDefendants:None |
| ss | TheRegistryhasissued noticeto theDefendantinterms of orderpassedby thisTribunal.Defendanthasnotturnedup despitethefactthat thenotices have been served uponthe Defendant. Applicant prayedforhearingofthecase ex-parte. Thematterispending since2023.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed. TheOAproceedsfor ex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder. Applicant mayfilewrittennotesof arguments. To03/05/2024 torordet. |
| (KamalDe) PresidingOfficer DRT-3,Kolkata |
2 issues framed by the court
Whether the Applicant Bank is entitled to recover the claimed amount from the Defendants who appeared ex-parte?
Whether a Recovery Certificate can be issued under the Recovery of Debts and Bankruptcy Act, 1993?
1 provisions across 1 enactments
Puniab National Bank
Sekh Mahasin
Sekh Ramen
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
