Allowed

Union Bank of India v. Ms Aayush International Company and Ors.

DRT30 Jul 2024OA/531/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal upheld an ex-parte application filed by Union Bank of India for recovery of a defaulted loan amount. In отсутствие Defendants, the Tribunal accepted bank evidence and granted the bank an order for recovery including interest, expiring on the original due date, with further proceedings directed via a Recovery Certificate.

What did the court decide?

The Original Application is allowed; Defendants liable to pay the claim amount along with interest; Recovery Certificate to be drawn and issued.

Union Bank of India versus Ms Aayush International Company… — Execution and Attachment | DRT (2024)

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

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PRESIDING OFFICER.

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oA NO. s31 0F 2022

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DATE oF DELIVERY oF oRDER i 30,07.2024

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Union Bank of India, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Unaertatingrf a.f iezO'"traving its Central Office at 239, Vidhan Bhawan Marg, Mumbai:4OOO21 and carrying on business through its Dharamtolla I:::"Tt"ti^{j:[',::;::,':H #il.1"];".y,lli,li" ijii",} "i"ffi::;

... Appticant Bank.

Versus

M/s. Aayush International Comr pri n ci pa r p race o-r ;;ffi ," :l' ?: I I;," n|j,T;l']r,ij.,L; J 1"1r" Ji] Ftoor, South Canal Road, Korkata-700105.

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:i:.ur:d

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mr.^priyanka Mondal, wjfe of M and Guarantor of Aayush ,nr".n'l:.^{t'10:' Mandal, beingthe Partner} havins principar p,;;;";r'';r'J,^t-:"ilt:T11",^{a parnership} Firm, at P-137' Metroplitan Housing

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society, Ground ;;;;;,"ts residing at A'/19, Rabindra p"t,u'n1^{R:ud'Kolkata-7oo105} and atso Bengat. "^{Baghajatin, Kolkata-700086,} west

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Sri Sanjib Kumar Mahata, son of I padner and ";.";;;|#;ii TI:-i"'f",^{Kumar Mahata, beine the} Firm, havine o,.i".rp"r o,"i'iii, j:t^"1:i:'":,^.",npanv, a^parneiship society, Ground rt"r, i"r* .]i'l,"tj "t^{o-',,, Metroplrtan} Housing ;:: :f^{", ;,,;, ;;;;;; L ,; TT,""?,} x1ii" ."1,ffi ff .,^i"11

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Oefendants,

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Counsel for the Applicant Bank: _ Counsel for the Defendants:-

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Ms. Munmun Dubey

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Set ex-parte on 22.07.2024.

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JUDGEMENT

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The Applicant Bank filed the "ut"nt^{oA being No' 531 of 2022 on} 22.09.2022 for recovery o, " total sum of Rs'27 '77 '7gg'82p (Rupees Twenty-seven Lakhs seventy-se Thousands one Hundred Ninety-nine and paise Eighty-two onry) from aeainst the credit facirity tosether with interest, cost and ",rtlu,,1:::1:: The Defendants served with sum The Defendants did not appear, as there was no representation ,roa'ont Defendants' the case was fixed for expafte on 22.07.2024, and heard elthe .parte accordingly,

The Applicant Bank examined Mr. paban Kumar Mondal, Chie Manager and marked 15 documents through him as Ex. Annexure-A to Ex. Anexure_A74.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arlses for consideration is : Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for? 6. As stated supra, the Defendants remained absent and did not turn up to controvert the version of the o.A. of Appricant Bank. The Evidence of Amdavit coupled with the recitals in the documenE viz., Exs. Anexure-A to Anexure-A-14 marked on behalf of the Applicant Bank, established the claim of the Appticant Bank against th( Defendants and oA schedule properties' Hence, I hord that the DefendantJ utu'o'nt'' and several liable to pay to the Appricant Bank the craims made ,n

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as under: - rn ie resurt, the present orieina ^J,:#J::T:_". ",^"t*rt.;rrr,

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ORDERED

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A. OA being No. 531 of 2 fited by the App,icant Bank is a owed and

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debt is derermine o *,rlr, cost against the Defendants' It is hereby

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ordered that applicant o;l is entitled to recover from the Defendants

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the total amount ,o ,n"'lt Rs 27'77'Lgg'82p (Rupees Twentv-

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seven Lakhs ,"r"r,r-r"r^tlT. -lt paise Eighty-two or,r, "n 'no""nds^{one Hundred} Ninety-nine and pendentelite and future interest @

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Lr.4*o/o perannum on thwith

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original Application, ,.". ,'u "'o'nt^{due fromthe date of filing} of the ctaim amount. 2.09.2022 till full and final realization of the

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B. Amount, if any, paid by, the Oefendants in the loan accounts or amount, if any, recovered i jl"^o::'"""tBank after firins or the o A'

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the same be taken into ".1: wh'lle arriving at the exact amount of

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dues/debt **r" of-in" i'-"t Accordinglv' pendentelite and

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ruture interest sha,, o" .u,.f:1":ounts

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c. on the reduced amount. our"naunts ".u;;;;:-",

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or *re properties oei;#: ff:,T';:TtJ ::il:Lff ll recovered from the Defendants.

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_ u, Defendants are given a tir Judsment/Finar ;; ,- *li^{:t *^'davs rrom the date or the} ot the above mentioned dues, so

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intimated to them. Jn .u." Xu'lnDefendants fail to pav the dues within

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the above ,*,,";;,;", ,ri" applicant bank is entitled to recover its

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dues by sare "t.".** "*"]i ts, if any. Applicant bank is also entifled

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to proceed against personal properties of the Defendants (Both movabre and immovabre) and arso proceed against the Defendants personally to recover the dues in accordance with law.

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E. Let the Certiflcate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same against Defendants in favour of the appticant bank 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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F. Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the Defendants in accordance with law.

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G. Ld. Registrar of this Tribunal is directed to deliver recovery certiflcate in term of the finar ordey'judgment for recovery or tne sum against tne Defendants in favour of the Applicant Bank under ,".,,on ,, irry o, the Recovery of Debts due to thr 1ee3 now known as *-,".,

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H. ",^{o"lii:iJffi;:i[,:T;: *t} ]:"^::iar^{aredirectedto appear before appear beforethe} Recovery Officer on 20.09.2024 for further further action in aa with law in the event law in the event in the event event the

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entire amount is not not paid o, ,n" .riotTL"Jt" o, ,n" .riotTL"Jt" ,n" .riotTL"Jt" .riotTL"Jt"

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Accordingly, the Original Applicat o"'nn oA being No' 531 of 2022 ,s

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arrowed and stands disposed or. "on

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H. ]:"^::iar^{aredirectedto appear before appear beforethe} Recovery Officer on 20.09.2024 for further further action in aa with law in the event law in the event in the event event the

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entire amount is not not paid o, ,n" .riotTL"Jt" o, ,n" .riotTL"Jt" ,n" .riotTL"Jt" .riotTL"Jt"

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Copy of the JudgemenVFinal Ord€ in the Tribunal's website. File is consigned-to il":"r;^"-:^upload cm after observing all formalities.

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i?f :1:",iil,:,::?["Ji,f llli3;,i*ii.,,"!l!.d,sioneo

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( XAMAL DE ) pnrsrorruc orrrtrn.

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DEBTS RECOVERY TRIBUNAL-3, KOLKATA Order Sheet (Continuation)

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case to. oeEii/zoE unionuaa*@
Date of
Order Order with signature with date and
dated Signature
Order
Dt.30.07.2024 Order pronounced (vide separate sheets)
In the result OA1S3,i2O22 is a owed with costs.
Issue Recovery Certifi cate accordingly.
( Kamd De I=-
Presiding Off;cer
pRT-3,Kotkata

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DEBTS RECOVERY TRIBUNAL.3, KOLKATA Order Sheet (Continuation)

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CaseNo.	oatssiiro2z unionsanroiinaE-V!. rompany&Ors. M,/s.Aayush	fnternationai
Dateof Order	Orderwithsignature Present;. ForApplicant: ForDefendant LdcounselMsMunmun Dubey :None	Officeacti; withdateand dated Signature ofparties when
	TheRegistry hasissuednoticetothedefendantsin terms of theorderpassedthis Tribunal.Defendants have.not turnedup despitethe factthat thenotices :::,:": -s:rved uponrhedefendants.Appricant prayed forhearing of thecaseex_parte. ,.t/ "!o,,r The matterispendingsince availabretosoreDefendan,,,r""' Henceright :":,:"::,1::1."^{;,;; ;,::'1i,""jJ;l}ilj o.A.proceedsfor exp.Heard Lruseo.the Applicant. ^""0-". "-"u rheLdcounseiforthe Applicantmayfilethe writtenr To30.07.2024ro.o.o].. '''"""^notesofarguments_ (KamalDet P-residingOfficer

Union Bank of India v. Ms Aayush International Company and Ors.

Case brief

What is this about?

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Union Bank of India v. Ms Aayush International Company and Ors.

Case brief

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What did the court decide?

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