Allowed

Canara Bank v. Supriya Dey and Anr.

DRT2 Aug 2024OA/586/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte application filed by Canara Bank for recovery of term loan dues from defendants who did not appear. The Tribunal determined the debt and issued a Recovery Certificate.

What did the court decide?

Recovery Certificate issued for total amount of Rs. 42,65,394.65 along with future interest at 8.10% per annum; defendants debarred from alienating properties.

Canara Bank versus Supriya Dey and Anr. — Banking and Recovery | DRT (2024)

¶1

BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT: -sRI KAMAL oE,

¶2

PRESIOING OFFICER.

¶3

O.A, No. 586 OF 2023.

¶4

OATE OF DELIVERY oF oRDER I 02/oa/2024

¶5

Canara Bank is a body Corporate constituted under the Bankrng Companres (Acquisition and Transfer of Undertakings) Act, 1970, having its Head 6ffice at 112, J.C. Road, Bengaluru- 560002, and carrying on business inter alia, at Canara Bank, Barurpur-I Branch, Shibani Mahal, Kulpi Road Opp Tetephone Exchange, p.S, Baruipur, South 24 patganas, Kolkata,7OO144, Dp Code-C83401, wrthrn the .jurisdiction of this Ld. Tribunal.

¶6

Applrcant Bank_

¶7

-Versus-

¶8

1_ iyfiyg ?."V,^{Son of Late Rashbehari Dey,} At Park^ptaza Apartment, 4," Ftoor. s8lii, l.N. Lahiri Road, Lahiri park, Serampore, Dist- Hooghty. W.B.-7122OI.

¶9

Prabrr Addya, Son of Biswanath Addva 203, N.T. Road, Shrbbagan, aiioviolii Dist- Hooghty, west Bengat-712222.

¶10

-l

¶11

Defendants.

¶12

Counsel for the Applicant Bank:

¶13

Mr. Amit Gupta, Advocate,

¶14

Set ex-parte on 25/07 /2024

¶15

JUDGEMENT

¶16

¶17

The Applicant Bank filed the present O.A. being No. 0.A./586/2023 on 04/10/2023 fol recovery of a total sum of Rs. 42,65,394.65/- (Rupees forty two lakh sixty five thousand three hundred ninety four and paisa sixty five only) from the Defendants towards Term Loan (Housing) together with interest, cost and other usual relaefs.

¶18

¶19

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 2S/O7/2O24, and heard ex-parte,accordingly.

¶20

¶21

The Applicant Bank examined 15 documents through Sri Uday Bhanu Banerjee, Senior i4anager marked as Exhibit Annexure-A to Exhibit Annexure_A-14.

¶22

Heard the Ld. Counsel for the Applicant Bank,

¶23

The point that arises for consideraUon is :

¶24

whether the Applicant Bank is entiUed to the claim made in the oA against the Defendants and OA schedule properties as prayed for?

¶25

¶26

¶27

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 coupred with the recitars an the documents viz., Exhibits Annexure-A to Exhibit Annexure-A_14 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 jojndy and severaly liable to pay to the Applicant Eank the claims made in the OA with future interest and costs.

¶28

In the resurt, the present origrnar Apprication as aflowed ex-parte with costs, as under:_

¶29

ORDER

¶30

(1) O.A, No. 586 of 2023 fited by the Applicant Bank is allowed and debt is determined wrth cost against the defendants. It is hereby ordered that appricant bank is entired to recover From the defendants the total amount sxty rive thousand ,n."" n,"o,"ot""lli;?:::: ;iltff::: jilffi?^:::Ji: and future anterest @ 8.10olo per annum interest with simple on the amount due from the date of fiting of the Originat Appticaflon i.e. 04/10/2023 tilt fu and finat reatization of the claim amount.

¶31

(2) Amount, if any, paid by the defenr the App cant Bank after ,,,,", ", l,iJ'j.L'1"" :::::::::,il"jllJii}; fflilil ll the exact amount of dues/debt payabte by the defendants. Accordingty, pendentelte and future interest shall be calculated on the reduced amount.

¶32

(3) Defendants are debarred from dis 9'^alienating or dealing with any of the propertres

¶33

belonging to them tirt tt" "ro,"r"iaP decretal debt is recovered from the defendants.

¶34

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

¶35

repayrng of the above mentioned drty to intimated to them tn case the defendants fail to

¶36

pay the dues within the above ,".u"t' dues by sa e or secured ",,",,, ;::;:ii;:i::l:l:":::"Ji, ;""J:::*ffi;:: personal propefties of the defenda aeainst the derendan," o"^",",,r,j11"",,uj.':rffi:n:::[T:Jabrqrnnd^{arso proceed}

¶37

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

¶38

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

¶39

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

¶40

same for issuance of the Certiflcate.

¶41

(6)Ld. Recovery Officer shalt reatize the amount as per the Recovery Certificate trom the

¶42

defendants in accordance with law.

¶43

(7) Ld. Regisrrar of this Tribunal is directed to deriver recovery certificate in term oF the frnar order/ludgement for recovery of the sum agatnsf the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financat Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

¶44

(8)The parties are drrected to appear before the Recovery Officer on 02/09/2024 fot further action in accordance with law in the event the enttre amount js not pajd by the satd date.

¶45

Accordingry, the originar Apprication being o.A. No. 586 0f 2023 is alowed and stands disposed of.

¶46

Copy of the Judgement/Final Order be uploaded tn the Tflbunal,s website. File ts consigned to the Record Room.

¶47

(Drctated to,steno, transclbed by her, corrected, srgned and pro.nounced by me In the open Court On the 02 d dai or August, 2024)

¶48

(^(AN1AL DE PRESIDING OFFICFR

¶49

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

¶50

Case No. OA No,586 of 2O2t
Canara Bank Vs. Supriya Dey & Anr.
Date of Order
Order with signature
Order No.05
Dt.02/08/2024 Order pronounced (vide separaie sheets).
In the result, O.A. No. 586 of 2023 rs allowed with costs. Issue
Recovery Certifjcate accordingty.
( Kamal De )
Presiding Officer
DRT-3, Kotkata
ss
I

¶51

Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

¶52

CaseNo.o.A./	546/2023 CanaraBankVs.SupriyaDeY^{& Anr.}
DateofOrder	Orderwithsignature
OrderNo.04 Dt.25/07/2024	Present:. ForApplicantiLd.Advocate Mr.AmitGupta Foroefendants:None
ss	TheRegistryhasissuednotrcetotheDefendantintermsof order^passedby thisTribunal.Defendanthasnot turnedup despitethefactthat thenotices have been served uponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematteris pendrng since2023.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidencerstobe closed.Itis closed. TheOA proceedsfor ex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder. Applicant mayfilewratten notesof arguments. -lo 02/08/2024torodet.
L-	(Kamat De) - Presiding Officer DRT-3, Kotkata

Canara Bank v. Supriya Dey and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Supriya Dey and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gopal Chandra Das and Anr. versus PNB Housing Finance Ltd. and Anr.

Ms Sunshine Overseas Pvt. Ltd. and Ors. versus State Bank of India

Saaj Agro Foods Pvt. Ltd. and Ors. versus Punjab National Bank

Canara Bank versus Bijay Saha

Biswas Medical Hall and Ors. versus U Gro Capital Ltd. and Anr.

Punjab National Bank versus Ms Medmark Pharma Division and Ors.