Allowed

Canara Bank v. Bijay Saha

DRT2 Aug 2024OA/576/2022

Case brief

AI extract

What is this about?

This ex-parte order by the Debts Recovery Tribunal allowed the Applicant Bank's claim for recovery of a debt of Rs. 31,23,132.78 from the Defendant, who failed to appear. The court debarring the Defendant from disposing of properties and directed the issuance of a Certificate of Recovery.

What did the court decide?

The debt of Rs. 31,23,132.78 was determined. Defendants are given thirty days to repay. A Recovery Certificate under Section 19(22) is directed to be issued.

Canara Bank versus Bijay Saha — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLXATA PRESENT:.SRI XAiIAL OE.

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PRESIDING OFFICER.

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O.A. No. 576 OF 2022.

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DATE OF DELIVERY OF ORDER I o2loa/2o24

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Canara Bank is a body Corporate constituted under the Bankrng Companres (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, J.C. Road, Bengaluru, Karnataka State, Pin Code- 560002, and carrying on business inter alia, at the Baruipur Branch, at 65, Kulpi Road Baruipur, Polrce Statron Earuipur, District- South 24 Parganas, Prn Code 700144, withrn the luflsdrctron of this Ld, Tribunal.

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Applicant Bank.

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l4r. Bijay Saha, Propraetor of l'4ls. Renuka Brick Fields, Son of Late Haripada Saha of Rabindra Nagar, Ward No. 1, Police Station- Canning, South 24 Parganas, Kolkata700144.

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Defendant.

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Counsel for the Applicant Bank:

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Mrs, Jayita Roy, Advocate, Set ex-parte on 25/07 /2024

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JUDGEMENT

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The Applicant Eank filed the present O.A. berng No. 0.A./576/2022 o^ 25/10/2022 for recovery of a lotal sum of Rs.31,23,132.78l- (Rupees thirty one lakh twenty three thousand one hundred thirty two and paisa seventy eight only) from the Defendants towards SOD together wrth interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants did not appear, as lhere was no representation from the defendants, the case was ftxed for ex-parte hearing on 25/07/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 15 documents through Sri litendra Nath pati, Senior [4anager marked as Exhabit Annexure-A to Exhibit Annexure-M.

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Heard the Ld. Counsel for the Applicant Bank.

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The po,nt that aflses for consideration rs :

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G,/ )

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Whether the Applacant Bank as entjfled 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 coupled with the recitats in the documents vrz., Exhibits Annexure-A to Exhibit Annexure_ M marked on behalf of the Appricant Bank, estabrished the craim of the Appricant Eank agaanst the Defendants and oA schedule properties, Hence, I hotd that the Oefendants are jointly and severa y ttabte 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, 576 0f 2022 f|ed by the Appricant Bank is alowed and debt is determined with cost against the defendants. It is hereby order€d that appricant bank is entired to recover from the defendants the totat amount to the tune of Rs, 3L,23,132.?B/- (Rupees thirty one lakh twenty three thousand one hundred thirty two and paisa seventy eaght only) with pendentelite and future interest @ 11.Osqo per annum interest with simple on the amount due from the date of filing 0f the originat Application r.e.25/10/2022 ti fu and finar realization of the claim amount.

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(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the Applicant Bank after fiting of the O.A. the same be taken jnto account white arrivlng 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, ahenating or dealing wrth any of the propertres belonging to them till the aforesatd decretat debt is recovered from the detendants.

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(4) Defendants are given a time of thirty days from the date of the ludgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fair to pay the dues within the above mentioned time, the applicant bank is entiled to recover its dues by sale of secured assets, if any. Appticant bank as also enti ed to proceed against personal properties of the defendants (Both movable and immovable) and atso proceed against the defendants personally to recover the dues in accordance with taw.

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

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ludgement for issuance of the same agajnst defendants in favour of the applacant bank

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

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same for issuance of the Certificate.

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(6) Ld, Recovery Offacer shall realaze 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 is directed to deliver recovery cerlificate in term of the fina orderrudgement for recovery of the sum against the defendant in favour of the Appticant Eank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnancial Instrtutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B)The parties are directed to appear before the Recovery Officer o^ 02/0912024 for further actron 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. 576 of 2022 rs a owed and stands disposed oF.

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

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(Oictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the O2nd day of August, 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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CaseNo.OAN	o.576 ot2022 Canara BankVs.BiiaySaha
DateofOrder	Orderwithsignature
OrderNo.05 pt.02t08/2024	Order^{pronounced(vide}separate sheets).
	Intheresult,O.A. No.576of2022is allowedwith costs.Issue RecoveryCertificate accordingly.
ss	(KamalDe) PresidingOfficer DRT-3, Kolkata

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

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CaseNo.O.A.1	576/2022 Canara BankVs.BiiaySaha
OateotOrder	Orderwithsignature	octim*'ttt
OrderNo.04 Dt.25/07/2024	Presenti. ForApplicant:Ld.Advocatelv1rs.layitaRoy ForDefendants:None
ss	The Registryhasissued noticetotheDefendantintermsof orderpassedbythisTribunal.Defendanthasnot turnedup despitethefactthat thenotices have been served uponthe Defendant. Applicant^prayedforhearingof thecaseex-parte Thematteris^pendingsince2022.Henceright^{availabletosole} DefendantforfilingofW.S.and^{counterevidenceistobe} closed.Itisclosed. TheOA^{proceedsforex_parte.HeardtheLd} Counselfor theApplrcant.^{Reservedfor order'} Applrcant mayfilewrittennotesof arguments. jo02/0812024for otdet.
	(KamalDe PresidrnqOfficer DRT-3, Kolkata

Canara Bank v. Bijay Saha

Case brief

What is this about?

What did the court decide?

Canara Bank v. Bijay Saha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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