Debts Recovery Tribunal allowed an ex-parte application filed by Canara Bank for recovery of a personal and term loan. The defendant did not appear. The court determined the debt and directed issuance of a recovery certificate under Section 19(22).
Recovery of Rs. 91,60,944.24 with future interest; bar on disposal of properties; recovery certificate issued.
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.
AEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT: .sRI KAMAL DE.
PRESIDING OFFICER.
o.a. No. 545 0F 2022.
DATE OF DELMRY OF ORDER I t3/O6l2(,2a
Canara Bank ts a body Coroorah (Acquisitron tlntt'tut"a under the Banking companies ""0i.-.i*It J"ollili" J c. Road, Ad' 1970' havrng its Head 6ffice at I12. Asset Hub, ,"a"rr. ioi. """n","r"-ilo'oolr.""'"Exrngs) ,j.;; ;.:.'':9 among others, a branch office at Rerair zooo2s, oi,t.i.t ,;;;;;;;r;;,n"1'i.?10'oo"t"station-rorrvsunse, Korkata rflbunal. West Bengal, withjn the jurisd;tro; ot this Lrj
Applicant Bank.
J
"!i"'i',i::;,.i:L,'1ffi1"1;,;[ffi.:$l?;,.i.1"1ii,"i""t"r#lff,u,j"" oo,,." ^ouo,
Defendant.
Counset for the Applicant Bank: -
Tathagata Banerjee, Advocate, Set ex-parte on 16/05/2024
JUDGEMENT
- The Applicant Bank filed the pres :ecovery or a tota sum or Rs. ;r.JlJ;lrT;[;",r, f:iff;:,;:f:::il"j hundred fortv four and paisa twenty. four onry) u", ,n" o""i"n,]louiaras xorrsing roan andpersonal Term Loan together with interest, cost and oth";;";;;;".
Ihe Defendants are served with sur
;ffi"::":il:r"l*lii"ill,TlI"l""lfi::i::"I,H:"J#il; ll,iJi"jj,i,
,. sujit srneh, oivisionar Manaeer marked as Exhibit An,",,^-^,;;;n;',1::,I::::.
Heard the Ld. Counsel for the Applicant Bank.
\ t
Whether the Applicant Bank is entifled to the clajm made in the OA against the Oefendants and OA schedule properties as p.ayed for?
As stated supra, the Defendant remalned absent and did not turn up to controvert the version of the O.A. of Applacant Bank. The Evidence Affidavjt coupted with the recitats in the documents viz., Exhibits Annexure-A to Exhibat Annexure-F marked on behalf of the Applicant 8ank, established the ctaim of the Applicant Bank against the Defendants and OA schedule properties. Hence. I hold that the Defendants are joinUy and severally liable to pay to the Applacant Bank the claims made in the OA with future interest and costs.
In the resurt, the present originar Appricatioh is aflowed ex_parte with costs, as uncrer:,
ORDER
Accordingly, the Original Apptication being O.A. No. 545 of 2022 is allowed and stands disposed of.
Copy of the ludgement/Finat Order be uploaded in the Trjbunat,s websrte. File rs consigned to the Record Room.
iljfiiiii{il.?,xl[T'i:"':t#.;".:;tff".i;rrx"".,""0
(-KAI4AL D-T - PRESIDING OFFICER
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
Case No. OA No. 545 of 2022 Canara Bank Vs. Kaustab Dutta
t
Date of Order Order with signature
Order No.06
Order pronounced (vide separate sheets).
Dt.13t06/2024
In the result, O.,/. No. 545 of 2022 is allowed with costs. Issue
Recovery Certaficate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss
Debts Recovery Tribunal-3,Kolkata Order Sheet (Continuation)
| o.A./ | Canara BankVs.KaustabDutta 54s/2022 |
|---|---|
| Date ofOrder | orderwithsignature |
| OrderNo.05 pt.16lo5-12p24 |
Present:. ForApplicant:Ld.AdvocateTathagata Banerjee ForDefendants:None |
| 5S | TheRegistry has issued noticeto theDefendantintermsof orderpassedbythisTribunal.Defendanthasnotturnedup despitethefactthatthenotices have been served uponthe Defendant. Applicantprayedforhearingofthecaseex-parte. Thematterispending since2022.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itis closed. TheOA proceedsfor ex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder. Applicant mayfilewriftennotesof arguments. 1o13/0612024totordet, |
| 1xu.i6i1- PresidingOfficer DRT-3, Kotkata |
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the original application against the defendants and OA schedule properties as prayed for?
2 provisions across 2 enactments
Canara Bank
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Kamal De
