Allowed

State Bank of India v. Trishul Pratap Singh

DRT6 May 2024OA/563/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by State Bank of India against Trishul Pratap Singh for recovery of a term loan of Rs. 23.34 lakhs with interest and costs, passed an ex-parte order due to the defendant's absence.

What did the court decide?

Debt of Rs. 23,34,049 with interest; bar on alienation of assets; 30-day repayment window; direction to issue Recovery Certificate.

State Bank of India versus Trishul Pratap Singh — Company and Corporate | 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, 563 OF 2023.

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DATE OF DELMRY OF ORDER ,t 06/05/2024

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State Bank of India is a banking instjtution and a body corporate constituted, incorporated and formed by and under the provisions of the state eank of Inoia nct, 1955 and carrying on their banking business inter aria amongst others at their Borar branch, Boral Main Road, Garia, Kolkata-7OO0e+, p.S.^"Aansar;nt, Oist.i.t Zq Parganas (South), within the jurisdictaon of this Ld. Tribunat represented by St.esred Assets Recovery Branch, south Bengal commonly known as ,ISARB, iorin u"rgur" "Jeevandeep Buildjng,, 1, 14iddleton Street, 2nd Floor, Kolkata-70 Odll',^{- -'} Phone No: 033-22884437 Efiail: sbi. 1S196(dsbi.co.in

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Applicant Bank.

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l4r. Trishul Pratap Singh, Son of Vijay pratap Srngh Residing_ar flat No. 7, 3.d Floor, ZOO eoril iaaa; Road, Garia, Kotkata_700084 and arso ar- 550, Eorat tyain Road, Near SBI Boral Branch, Garia, Kolkata_700084.

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Defendant.

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Counsel for the Applicant Bank:

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Anirban Pramanick, Advocate,

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Set ex-parte on 24/04/2024

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J UDGE14 ENT

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The Applicant Bank fited the present O.A. being No. 0.A./563/2023 on 2t/Og/2O23 fot recovery of a total sum of Rs.23,34,049/- (Rupees twenty three lakh thirty four thousand and forty nine only) from the Defendants towards Term Loan together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants dad not appear, as there was no representation from the defendants, the case was fixed for ex_parte hearing on 24/04/2024, and heard ex-parte accord,ngly.

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The Applicant Bank examined 13 documents through Ms. Rupsa Bhowmik Chakraborty, Chief Manager marked as Exhibit Annexure-A to Exhibit Annexure-M.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applicant Bank as entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

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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 coupted with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-lvl marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) o A. No. 563 of 2023 fired by the Appricant Bank is afiowed and debt as determined with cost against the defendants. It is hereby ordered that appricant bank is entifled to recover from the defendants the total amount to the tune of Rs. 23,34p4g/_ (Rupees twenty three lakh thirty four thousand and forty nine only) with pendentelite and future interest @ 8.85o/o per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 21/09/2023 till full and final realization of the claim amounr_

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Appricant Bank after firing 0f the o.A. the same be taken into account whire arriving at the exact amount of dues/debt payable by the defendants. Accordingty, pendentelite and future interest shall be calculated on the reduced amount.

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(3)Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defenctants.

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(4) Defendants are given a time of thirty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entifled to recover its dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against 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

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defendants in accordance with law.

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(7)Ld. Registrar of this Tribunal as directed to deriver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Sedion 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)Ihe parties are directed to appear before the Recovery Officer on 06/06/2024 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 originar Application being 0.A. No, 563 0f 2023 is alowed and stands disposed of.

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Copy of the ludgement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room.

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(Drctaled to steno, transcrbed by her, co.rected, siqned and $"^i#T[:fi '"^{' rhe opencou(on the 6'dav-}

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PRESIDING OFFICER,

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

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Case No. OA No.563 of 2023 State Bank of India Vs. Trishul pratap Singh
Oate of order Order with signature
Order No,05
Order pronounced (vide separate sheets).
Dt.06/05/2024
In the result, O,A. No. 563 of 2023 is allowed with costs. Issue
Recovery Certificate accordinqly.
( 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,/	563/2023 StateBankofIndiaVs.Trishul^pratapSingh
DateofOrder	Orderwithsignature
OrderNo.04 pt.24/04/2024	Present:. ForApplicant ForDefendants Ld.Advocate Anirban^pramanick None
ss	TheRegistryhas orderpassedby despitethefact Defendant.Appli( Thematteris per Defendantforfil closed.Itis closel Counselfor theAt Applicant may fite ro06/05/2024to) issued noticeto theDefendantintermsof thisTribunal.Defendanthasnot turnedup thatthenotices have been serveduponthe :antprayedforhearingofthecaseex-parte. rdingsance2023.Hencerightavailabletosole ingofW.S.andcounterevidenceistobe l.TheOAproceedsfor ex-parte.HeardtheLd )plicant.Reservedfororder. writtennotes of arguments. rorder.
	(K;malDe) PresidingOfficer DRT-3, Kolkata

State Bank of India v. Trishul Pratap Singh

Case brief

What is this about?

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State Bank of India v. Trishul Pratap Singh

Case brief

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