Allowed

Hdfc Bank Ltd. v. Raja Sekh

DRT19 Mar 2024OA/562/2022

Case brief

AI extract

What is this about?

In the absence of the respondents, the Debts Recovery Tribunal allowed the applicant bank's recovery application. The court held that the bank proved its claim via evidence and directed the issue of a recovery certificate against the borrowers and guarantors for the principal amount and interest with monthly rest.

What did the court decide?

Recovery certificate issued jointly against borrowers for Rs. 33.56 lakhs plus interest at 12.10% p.a. from 13.10.2022; parties directed to appear before Recovery Officer by 02/05/2024 if amount unpai

Hdfc Bank Ltd. versus Raja Sekh — 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.562 OF 2022

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DATE OF DELIVERY OF ORDER : 19^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 Marg, Lower Parel West, Mumbai-400013 and amongst another, having one of its branch office at Rampurhat Branch and service of notice at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001.

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

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Raja Sekh, Borrower, S/o Rajaul Sekh, Gram Bagtui (PAH) Bagtui, Rampurhat, Birbhum, Near Bagtui Masjid Rampurhat, West Bengal-731224.

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Habiban Bibi, Co Borrower, W/o Kalu Sekh, Bagtui (Paschim), Barashal Rampurhat, Birbhum, Near Bagtui Masjid Rampurhat, West Bengal-731224.

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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 21.02.2024

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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 Krishnagar Branch and service of notice at Gillander House, 1^st Floor, Block-A, 8, Netaji Subhas Road, Kolkata-700001 for recovery of Rs. 33,56,172.34P with interest @ 12.10% p.a. with monthly rest from 13.10.2022 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.

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The service of summons was effected upon the Defendants in usual

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mode of postal service. Despite substituted service of summons and giving sufficient time, the Defendants are not appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared ex-parte on 21/02/2024.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Ms. Arnabi Dutta, Manager (Legal) 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. ii) The Defendants are jointly and severally liable to pay Rs. 33,56,172.34P with interest @ 12.10% p.a. with monthly rest from 13.10.2022 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by hypothecation of goods and stocks described in the schedule-A of the OA at page no. 24.

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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 02/05/2024 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.562

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of 2022 is allowed and stands disposed of. All the IAs, if any,

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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 19^th March, 2024)

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Place: Kolkata ( Ambuja Mohan Das ) Date: 19/03/2024 Presiding Officer

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Page No.-	Order Sheet(continuation)
Case No. OA/562/	2022 HDFC Bank Ltd. vs Raja Sekh and Habiban Bibi
Date of the order	Order with signature	Office action with date and dated signature of parties when necessary
19/03/2024	Ld. Advocate Ms. Mekhala Kanji appears for the applicant bank.
	None is present on behalf of the Defendant.
	Matter was heard in open Court on this the day of

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21/02/2024. The detailed order in three pages annexed separately. The gist of the order is as follows:

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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. 33,56,172.34P with interest @ 12.10% p.a. with monthly rest from 13.10.2022 against the Defendants till payment or realization.
iii) It is declared that the claim is secured by hypothecation of goods and stocks described in the schedule-A of the OA at page no. 24.
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 02/05/2024 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.562 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. File is consigned to the Record Room. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day of 19^th March, 2024)
Place: Kolkata ( Ambuja Mohan Das ) Date: 19/03/2024 Presiding Officer

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Hdfc Bank Ltd. v. Raja Sekh

Case brief

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Hdfc Bank Ltd. v. Raja Sekh

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