Allowed

Hdfc Bank v. Binoy Kumar Pandey

DRT11 Mar 2024OA/56/2022

Case brief

AI extract

What is this about?

In this ex-parte recovery application, the Debts Recovery Tribunal-I Kolkata allowed the claim by HDFC Bank Ltd. against the borrower and guarantor. The court directed joint and several liability for payment of the principal sum with interest, issuance of a recovery certificate, and appearance before the Recovery Officer.

What did the court decide?

Direct orders to the parties to pay the principal amount with interest jointly and severally along with issuance of Recovery Certificate and appearance before Recovery Officer.

Hdfc Bank versus Binoy Kumar Pandey — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O.A. No.56 OF 2022

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DATE OF DELIVERY OF ORDER : 11^th March, 2024

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HDFC Bank Ltd. , incorporated under the Companies Act, 1956, and carrying on banking business under license granted by Reserve Bank of India under the Banking Regulation Act, 1949 and having its Registered Office at HDFC Bank House, Senapati Bapat Mrg, Lower Parel West, Mumbai-400013, having one of its branch office at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001.

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..............APPLICANT

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Binoy Kumar Pandey (Borrower), S/o Pashupati Nath Pandey, 12 Bhar Para Road, Howrah, Near Char Mandir, West Bengal-711103.

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Vinod Kumar Pandey (Guarantor), S/o Pashupati Nath Pandey, 12 Bhar Para Road, Howrah, Near Char Mandir, West Bengal-711103.

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................DEFENDANTS

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Counsel for the Applicant Bank: - Ms. Mekhala Kanji, Ld Counsel Counsel for the Defendants:- Set ex-parte on 24.01.2024

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J U D G M E N T

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The present Recovery Application is filed by the HDFC Bank Ltd., a body corporate incorporated under the Companies Act, 1956, and having one of its branch office at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001 for recovery of Rs. 83,14,012.32P with interest @ 9.25% p.a. with monthly rest from 10.09.2021 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.

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2. The service of summons was effected upon the Defendants in usual mode of postal service. The Defendants appeared through their Advocate but did not filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared ex-parte on 24/01/2024.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Sandip Kr. Roy, Legal Manager of the Bank annexing the various documents which are exhibited.

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I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost.

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In the above circumstances it is ordered :

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O R D E R

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i) Claim of the Applicants is allowed with cost.

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ii) The Defendants are jointly and severally liable to pay Rs. 83,14,012.32P with interest @ 9.25% p.a. with monthly rest from 10.09.2021 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by hypothecation of vehicles described in the schedule of the OA at page no. 30.

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iv) Let, a certificate be issued accordingly.

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v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants 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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vii) The parties are directed to appear before the Recovery Officer on 30/04/2024 for 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 Application being O.A. No.56 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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File is consigned to the Record Room.

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(Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day of 11^th March, 2024)

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Place: Kolkata ( Ambuja Mohan Das ) Date: 11/03/2024 Presiding Officer

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Page No.-	Order Sheet(continuation)
Case No. OA/56/2022	HDFC Bank Ltd. vs Binoy Kumar Pandey and Anr.
Date of the order	Order with signature	Office action with date and dated signature of parties when necessary

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11/03/2024	Ld. Advocate Ms. Mekhala Kanji appears for the applicant bank. None is present on behalf of the Defendants.
	Matter was heard in open Court on this the day of 24/01/2024. The detailed order in three pages annexed separately. The gist of the order is as follows: O R D E R
	i) Claim of the Applicants is allowed with cost.
	ii) The Defendants are jointly and severally liable to pay Rs. 83,14,012.32P with interest @ 9.25% p.a. with monthly rest from 10.09.2021 against the Defendants till payment or realization.
	iii) It is declared that the claim is secured by hypothecation of vehicles described in the schedule of the OA at page no. 30.
	iv) Let, a certificate be issued accordingly.
	v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants 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. vii) The parties are directed to appear before the Recovery Officer on 30/04/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No.56 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day of 11^thMarch, 2024)
	Place: Kolkata ( Ambuja Mohan Das ) Date: 11/03/2024 PresidingOfficer

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Hdfc Bank v. Binoy Kumar Pandey

Case brief

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Hdfc Bank v. Binoy Kumar Pandey

Case brief

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