Allowed

Canara Bank v. Ms Anasua Deb

DRT19 Jul 2024OA/548/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal Kolkata allowed an ex-parte application filed by Canara Bank for the recovery of a term loan from an absent defendant. The court determined the debt with interest and costs, prohibited the defendant from disposing of properties, and directed the issuance of a recovery certificate.

What did the court decide?

Recovery certificate issued for Rs. 33,13,013.62 with interest; defendant debarred from alienating properties; time of 30 days for voluntary repayment granted.

Canara Bank versus Ms Anasua Deb — Banking and Recovery | DRT (2024)

¶1

¶2

BEFORE THE DEBTS RECOVERY^{TRIBUNAL'IIIKOLKATA} PRESENT:^-SRI KAMAL^DE.

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PRESIDING OFFICER.

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O.A. No. 548 OF 2023.

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DATE oF DELTVERY^{oF oRDER It9/o?/2024}

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Canara Bank is a^{bodyCorporate constitutedunderthe BankingCompanies} (Acquisition and Transfer ot Undertakings)^{Act, 1970, having its HeadOffice at 112'} j.C. noad, Bengaluru-560002, and having among others, a branch office at Saltlake city Branch, BB-24,^{Saltlake, Sector-1, P.S- Bidhannagar North,Kolkata'700064'} within the iLrrasdiction of^{thasLd. Tribunal.}

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Applicant Bank.

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-Versus-

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1. Ms. Anasua Deb,^{daughterof GopalDas,} at 26llA, Gariahat^{Road South} Dhakuria, Kolkata,^{west Bengal-700031.}

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Defendant.

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Counsel for the APPlacant^{Bank: -}

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Mr. Amit GuPta,^Advocate,

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Set ex-Parte on lLl07l2024

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]UDGEN4ENT

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The Applicant Bank^{filed the presentO.A. being No OA/548/2023on 1210912023 fo(} recovery of a total^{sum of Rs. 33,13,013 62l-(Rupeesthirtythree lakh thrrteen thousand} thirteen and^{paisa sixty two only)from the Defendants towards Term Loan (Housrng)} together with^{interest,cost and other usualre|efs'}

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The Defendants^{are servedwithsummonsThe defendantsdid not appear' as therewas no} representation^{from the defendants,the case wasfixedfor ex-partehearingon lfl0712024'} and heard ex-Parte^accordinglY.

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The Applicant Bank^{examined13 documentsthroughShankerLal Sirvi'Chief Manager} marked as Exhibat Annexure_A^{to Exhibit Annexure_A_12}

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Heard the Ld. Counsel^{for the ApplicantBank'}

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The^pornt that arlses^{for conslderatlonls:}

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Whether the Applicant^{Bank is entitled to the claim made in the oA agarnstthe Defendants} and OA schedule^{propertiesas prayedfor?}

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As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitats in the documents viz., Exhibtts Annexure-A to Exhibit Annexure-A_12 marked on behalf of the Applacant Bank, estabrished the claim of the Appricant Bank against the Defendants and oA schedule properties. Hence, I hold that the Defendants are joinuy and severa y tiabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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ln the result, the present Original Application is a owed ex_parte with costs, as under:-

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ORDER

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(1)O,A. No, 548 of 2023 filed by the Applicant Bank is altowed and debt is determined with cost agaanst the defendants. It is hereby ordered that appricant bank is entided to recover from the defendants the totat amount to the tune of Rs. 33,13,013,62/_ (Rupees thirty three lakh thirteen thousand thirteen and paasa sixty two onry) with pendenterite and future interest @^7.85o/oper annum interest with simple on the amount due from the date of fiting of the Origlnal Application i.e, 12/0912023 till full and final realization of the ctajm amount.

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(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the AOOlrcant Bank after fiting of the O,A. the same be taken into account while arrivrng 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 deating 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 ludgement/Final Order for repaying 0f the above mentioned dues, so intimated to them. In case the defendants fair to pay the dues within the above mentaoned time, the applicant bank is entided to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed against personal properties of the defendants (Both movable and immovable) and atso proceed agajnst the defendants personally to recover the dues in accordance with law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applicant 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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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld. Registrar of this Tribunat is directed to detiver 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 partres are directed to appear before the Recovery Otficet on 2O/Ogl2O24 for further action in accordance wlth 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. 548 of 2023 is a|owed and stands drsposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunat,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 lgth day of )uly,20241

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( KAMAL DE ) PRESIDING OFFICER,

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

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caseNo.oANo	.54aof2023 Canara BankVs.AnasuaDeb
DateofOrder	Orderwithsignature
OrderNo.07 pt.19t07t2024	Order pronounced (vide separate sheets).
	Intheresult, O.A.No. 548of2023is allowedwithcosts. lssue RecoveryCertificate accordingly.
	(KamalDe) PresidingOfficer DRT-3, Kolkata
ss	l

¶42

Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin u atio n )

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CaseNo.O.A./	CanaraBankVs.AnasuaDeb 54al2O23
DateofOrder	order withsignature
OrderNo.06 pt.11/07/2024	Present:. ForApplicant:Ld.AdvocateF'lr.AmitGupta ForDefendants:None
	TheRegastryhasissued noticetotheDefendantintermsof orderpassedby thisTribunal.Defendanthasnotturnedup despitethe fact thatthenotices have been served upon^the Defendant. Applicant^prayedforhearingofthecaseex-parte. Thematteris pending since2023.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed,TheOA^proceedsfor ex-parte.Heardthe^Ld CounselfortheApplicant.Reservedfororder. Applicant mayfilewrittennotesof arguments.
	1o19107/2024for ordet,
	(KamalDe) PresidingOffacer DRT-3,Kolkata

Canara Bank v. Ms Anasua Deb

Case brief

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What did the court decide?

Canara Bank v. Ms Anasua Deb

Case brief

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