Allowed

Canara Bank v. Amit Kumar Ghosh

DRT10 Jul 2024OA/562/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, ex-parte, examined documents filed by Canara Bank regarding a term loan to Amit Kumar Ghosh. Finding the claim established, the Tribunal allowed the Original Application to recover the principal, interest, and costs, and directed the issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 33,65,155.49 plus interest and costs; issuance of recovery certificate; directions to Recovery Officer for realization.

Canara Bank versus Amit Kumar Ghosh — Banking and Recovery | DRT (2024)

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

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PRESIDING OFFICER.

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O.A. No. 562 OF 2023,

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oATE OF DELIVERY oF ORDER I r,lo7l2024

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C.nara Bank is a body Corporate constituted under the Banking Companies (Acquisitlon and Transfer of Undertakings) Act, 1970, having its Head Offi.u ut ffZ, LC. Road, Bengaluru-560002, and having among others, a branch office at Baguiati Branch, D,P. Code- L9771, I\4a noroma Kuthir, H/H-8, Aswininagar, p.O,Baguiati, p.S Bagujati, North 24^parganas, Kotkata-700059, within the jurisdiction or tni. lo. Tribunal.

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Applicant Bank.

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-Versus-

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1. Mr. Amit Kumar chosh, Son of Late Arun Chandra Ghosh.

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1l-lrl.a,Tl"3:?0,^{BeadonSrreet,p.o& p.s- r4anrktata, Kotkata_7oooo6,} Arso ar- shrbatay Apartment, Ftat No. D_2, First Floor, BA-14/9, Deshbandhu Nagar, Kolkata-700059, North 24 parganas.

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Defendant.

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Counsel for the Applicant Bank:

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Amit Gupta, Advocate,

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Set ex-parte on 03/o7/2024

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]UDGEIYENT

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The Applicant Bank filed the present O,A. being No. 0.A./562/2023 on 1g/Og/2023 fot recovery of a total sum of Rs. 33,65,155.49l- (Rupees thirty three lakh sixty five thousand one hundred fifty five and paisa forty nine) from the Defendants towarcrs Term Loan (Housing) together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on O3l07/2024, and hea rd ex-parte accordingly.

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The Applicant Bank examined 15 documents through Andolan lqandat, Chief lvanager marked as Exhibit Annexure,A to Exhibit Annexure_A-14.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that anses for consrderatton ts :

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Whether the Applicant Bank is entifle tothe claim made in the oA against the Defendants and oA schedure properties as prayed

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As stated supra, the Defendant remai

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version or the o.A. or Appricant Banfii"r;::::'^#:;T:il:: ffiI::"Ijf," *" documents viz,, Exhibits Annexure_A Exhibit Annexure-A-14 marked on behalf of the Applicant Bank, estabrished the craim schedure properties. n"n.", ,no,o,nultl:";T[:::"t:],::,1;:j:::::jf;:::11::, to the Applicant Bank the claims made in the OA with future interest and costs.

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In the resurt, the present originar Apprication is alowed ex-parte with costs, as under:_

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ORDER

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(1) O.A. No, 562 ot 2023 filed by the Appticant Bank is a,owed and debt is determined with cost the against the defendants. defendants the total amountIt is hereby ordered that applicant Uant is "ntitf"O to recover from to the tune of Rs' 33'65'155'49/- (Rupees thlrty three lakh

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sixty five thousand one hundred nterest @ B.4oo/o pe,",",. H.::: ;i,', ffi ::l :tr*::j":::T::",ili:::,;

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filing of the Originat Apptication i.e. L9/O}/2O23 ti fult and finat reatization of the claim amount_

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(2) Amount, if any, patd by the defen, the App cant Bank after n ns ",:;J: LH::::T:i:::.:::::Jli];,Tllililll the exact amount of dues/debt payable by the defendants. Accordingty, pendentelite and future interest shall be calculated on the .educed amount.

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(3) Defendants are debar.ed from dis be,oneins to them tirr tn" "ro.u."iapol'ill,Jllil"l.'J"1,11':.:;l'1"?,"1:::,:,"^,

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(4) Defendants are given a time of thi days from the date of the Judgement/Final order for

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repayang of the above mentioned drty pay the dues w th n the above,J::H;III"jJJI]T; Jl"?'J il;,1iT.:IJ::, :: dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendi aeainst the derendano r*""""rr,i1L"',1".'l,,]]J:H::HT:Jlll"J,""il ",'"^,.".""0

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of

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Judgement for issuance of the same agaanst defendants in favour of the applicant bank

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under Section 19 (22) of the Reco, ry Debts and Bankruptcy Act, 1993 and put up the

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same for issuance of *re cerrricatel

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(6) Ld. Recovery Officer shall reatiz€ the amount as per the Recovery certificate from the

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defendants in accordance wittr taw.

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(7) Ld. Registrar of this^{Tribun'lis directed to deliver recovery certificate in termof thefinal} order/judgement^{for recovery of the sum agalnst the defendantin favour of theApplicant} Bank under^{Section 19 (22) of the Recovery of Oebtsdue to the Bank andFinancial} Institutions^{Act, 1993 now knownas Recoveryof Debtsand BankruptcyAct' 1993'}

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(8)The parties are^{dlrectedto appear before the RecoveryOfficer on 12108/2024for further} action in accordance^{with lawin the eventthe entire amount is not paid by the said date'}

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Accordingly, the^{Original Applicationbeing O A No 562 of 2023is allowedandstands} disposed^of.

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Copy of the^{ludgement/FinalOrder be uploadedin the Tribunal's website} File is consigned^{to the RecordRoom'}

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lDrctated to steno,^{transcribed by her, corrected'slgned and} #;;J;J il;;^{;;;opinCounon tnrstherorF oaY} of luly, 2024)

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( KAMAL DE ) PRESIDING^OFFICER'

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

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Case No. OA No. 562 of 2023 Canara Bank Vs, Amit Kumar Ghosh
Date of Order Order with signature
Order No,05 Order pronounced (vide separate sheets),
pt.10/o7 /2024
In the result, O.A. No. 562 of 2023 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss

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

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CaseNo.O.A./	S62l2O23 CanaraBankVs,AmitKumarc	hosh ---]
DateofOrder	Orderwithsignature
OrderNo.05 Dt.o3t07/2024	Pre5ert:.
	ForApplicant:Ld,AdvocateAmitGupta ForOefendants:None
ss	TheRegistryhasissued noticetotheDefendantintermsof orderpassedbythisTribunal.Defendanthasnotturnedup despitethe factthatthenotices have been served uponthe Defendant.Applacantprayedforhearingof thecaseex_parte. Thematterispending since2023,Hencerightavailabletosole DefendantforfilingofW.S,andcounterevidenceistobe closed.Itisctosed.TheOA proceedsfor ex_parte. HeardtheLd Counselfor the Applicant,Reservedfororder. Applicant mayfilewrittennotesof arguments. To10/07/2024fotorder.
	(KamalDe) --- PresidingOfficer DRT-3,Kolkata

Canara Bank v. Amit Kumar Ghosh

Case brief

What is this about?

What did the court decide?

Canara Bank v. Amit Kumar Ghosh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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