Allowed

Punjab and Sind Bank v. Suman Das and Ors.

DRT4 Jul 2024OA/520/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the original application filed by Punjab & Sind Bank for recovery of a term loan amounting to Rs. 28,62,846.68 with interest and costs against absent defendants. The tribunal directed determination of debt, debarment of property disposal, and issuance of a recovery certificate.

What did the court decide?

Allowed the OA with costs; determined debt of Rs. 28,62,846.68 with interest; debarred defendants from disposing properties; ordered recovery certificate issuance and appearance before Recovery Office

Punjab and Sind Bank versus Suman Das and Ors. — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA

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PRESENT: - SRI KAMAL OE

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PRESIDING OFFICER

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O.A, No. 52O of 2023

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DATE OF DELIVERY OF ORDER I 4/O712024

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PUNTAB & SIND BANx, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, havang its Flead Office at 21, Rajendra Place, New Delhi - 110008 and at all material times it carried on and carries on Banking Business at several^places of India, includang the^present one at its Branch Office at 606, Ho-Chi-Minh Sarani, Shakuntala Park, Behala, P.S. Parnasree, District - 24 Parganas (South), Kolkata - 700061, commonly known as Shakuntala Park Branch, hereanafter referred as the "Applicant Bank", within the jurisdiction of this Learned Tribunal.

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Applicant Eank

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-Versus-

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}lr. Suman Daa, son of Shrl Panchugopal Das residlng at 473, Sonamukhi Road, Sarsuna, Flat No. 28, Anyesha Apartment, Kolkata - 700061

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l.lr9, Payal Dt3, wife of Mr. Suman Das, residing at 473, Sonamukhi Road, Sarsuna, Flat No. 28, Anyesha Apartment, Kolkata - 700061

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Mr. Lakshmi Narayan Chakraborty, son of Late Bholanath Chakraborty, residlng at P52, Oxytown, Kashtha Danga Road, Thakurpukur, Kolkata - 700061

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M/5 SUSMITA INFOTECH under the proprietorshlp of Hr, Suman Das, having unit at 1/14, Kalipur, Shakuntala Park, Sa6una, Dlstrict - 24 Parganas^(South), kolkata - 700061

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... Defendants

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Counsel for the Applicant Bank:

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Md Amjad Ali, Advocate Set ex-parte on 27/05/2024

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]UDGEN4ENT

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The Applicant Bank filed the^present OA being No. O.A. 520 ot 2023 on^{24/0812023 fot} recovery of a total sum of Rs, 28,62,846.68/-^(Rupees twenty^{eightlakh sixtytwo} thousand eight hundred forty six and^paise sixty eight^{only) from the Defendants towards} term loan together with lnterest, cost and other usual^reliefs.

The Defendants are served wlth summons. The defendants dld not appear, as there was no representatlon from the defendants, the case was fixed for ex-parte hearlng on 27lOGl2O24, and heard ex-parte accodingly.

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The Appllcant Bank examined 7 documents through Mr. Dolamanl Meher, Branch^Manager marked as Exhibit Annexure - A to Exhlbit Annexure - G.

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Heard the Ld, Counsel for the Applicant Bank.

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The point that arlses for consideratlon ls :

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Whether the Appllcant Bank ls entitled to the claim made ln the OA against the Defendants and OA schedule^propertles as^prayed for?

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As stated supra, the Defendant remalned absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavlt coupled vvith the recitals in the documents vlz., Exhlbit Annexure - A to Annexure - G marked on behalf of the Applicant Bank, establlshed the clalm of the Appllcant Bank agalnst the Defendants and OA schedule properties, Hence, I hold that the Oefendants are Jointly and seve.ally liable to pay to the Applicant Eank the claims made ln the OA wlth future inte.est and costs.

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In the result, the present Orlginal Appllcation ls allowed ex-parte wlth costs, as under:-

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ORDER

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(1) O.A, No. 520 of 2023 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants, lt is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 28,62,846.68/(Rupees twenty eight lakh sixty two thousand eight hundred forty six and paise sixty eight only)) with pendentelite and future interest @ 7.00^qo per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 24/Oa/2023 till tul and final realization of the claim amount.

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(2) Amount, if any, pald 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, 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 is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the JudgemenvFinal 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 applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank as also entitled to proceed against personat properties of the defendants (Both movable and immovable) and ol5o Proceed against the defendants^personally to recover the dues in accordance with law.

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(s) Let the Certificate of^{Recovery be drawnup by Ld.Registrar forthwathin terms of} ludgement for issuance of^{the sameagainst defendantsin favourof the applicantbank} under Section 19⁽²²⁾ of^{the Recovery of DebtsandBankruptcyAct, 1993 and putup} the same for issuance^{of the Certificate.}

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(6) Ld. Recovery Officer^{shall realizethe amount as perthe RecoveryCertificatefrom the} defendants ln accordance^{with law.}

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(7) Ld. Registrar of this Trlbunal^{is directedto deliver recoverycertlficatein termof the flnal} order/Judgement for^{recoveryof the sum againstthe defendantin favour of the} Applicant Bank under Section^{19 (22) of the Recoveryof Debts due to theBankand} Financlal Institutions Act, 1993^{now knolvn as Recovery of Debts and Bankruptcy Act,} 1993.

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(8) The parties are directed to appear before^{the Recovery Officer on 7lO8/2024for 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 Applacation being O.A. No. 520 of 2023^{is allowed and stands} disposed of.

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Copy of the JudgemenvFinal Order be upload in the Tribunal's website. File is consigned to the Record Room.

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(Dictat€d to steno, trans.ribed by him, corrEct€d, sign€d and pronounced by me in the open Court on this 4h day of luly, 2024 )

( KAMAL DE )

PRESIDING OFFICER

som/

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

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case No, OA No.52ol2023 Puniab & Sind Bank Vs. Suman Das & Ors.
Date of O.der Order with signature
Order No. 5 Order pronounced (vide separate sheets).
ot.4l07 12024
In the result, O.A. No, 520 of 2023 is allowed with costs.
Issue Recovery cenificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata

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

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CaseNo.OAl5	20/2023 Punjab & Sind BankVs.suman-a;&ors.
DateofOrder	Orderwithsignature
OrderNo.4 ot.27/o6t2024	Present:. ForAppticant:MdAmjad Ati,Ld Counset. ForDefendants:None
	TheRegistryhasissued noticeto theDefendantinterms of orderpassedby thlsTribunal,Defendanthasnotturnedup despitethefactthatthenotices have been served upon the Defendant. Applicant prayedforhearingofthecaseex_parte. Thematterispending since2023.Hencerightavailabletosole DefendantforfilingofW,S.andcounterevidenceistobe closed.Itis closed. TheOAproceedsfor ex-pa.te.HeardtheLd Counselfor the Applicant.Reservedfororder. Applicant may filewrittennotesofarguments. To4/O7/2O24for order.
	(KamalDe) - PresidingOfficer ORT-3, Kolkata

Punjab and Sind Bank v. Suman Das and Ors.

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Punjab and Sind Bank v. Suman Das and Ors.

Case brief

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