Allowed

Central Bank of India v. Sk Kalamuddin

DRT13 May 2024OA/594/2023

Case brief

AI extract

What is this about?

This judgment allowed an Original Application filed by Central Bank of India for recovery of a loan and term loan debt of approximately Rs. 23.35 lakhs. The defendant failed to appear. The Tribunal determined the debt, allowed recovery with interest, and issued a recovery certificate.

What did the court decide?

Debt determined at Rs. 23,35,310.64 with future interest at 7.5% p.a.; Recovery Certificate issued; Sale of secured assets and realization of personal properties permitted if dues not paid within 30 d

Central Bank of India versus Sk Kalamuddin — Contract and Commercial Disputes | 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. 594 0F 2023.

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DATE OF DELIVERY OF ORDER I L3l05/2024

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Central Bank of India is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, carrying the banking business having its Registered Office at Chander Mukhi, Nariman point, Mumbai, Maharashtra-4ooo21 and Zonal Office at 33, Netaji Subhas Road, B.B.D. Bagh, Kolkata-700001 and also carrying on business from numerous branches including one Central Bank of India, paikpara Branch, doing its business from Paikpara Branch, Shyampur Bazar, B.B.T. Road, Budge Budge, Kolkata_700137, within the jurisdiction of this Ld. Tribunal.

Applicant Bank.

-Versus-

lYr. Sk. Kalamuddin, son of Sekh Sultan, aged about 45 years, residjng at Vill Shankhpukur, Kahmbefla, p.O- Uttar Raipur, South 24 Parganas,^pin-700737.

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Defendant.

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Counsel for the Applicant Banki

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Sachetan Ghosh, Advocate,

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Set ex-parte on 29/04/2024

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]UDGE14ENT

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The Applicant Bank fited the present O.A. being No. O.A./5,4/2O23 on OS/70/2023 fot recovery of a total sum of Rs. 23,35,310.64l_ (Rupees twenty three takh thirty five thousand three hundred ten and paisa sixty four only) from the Defendants towards Cash Credit and Term Loan together with interest, cost and other usual reljefs.

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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 2glo4/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 5 documents through Sri Debajit Barman, Senior Manaqer marked as Exhibit Annexure-A to Exhibit Annexure-E.

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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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claim made in^{the oA againstthe Defendants} Whether the^{Applicant Bank is entitled to the} and OA schedule^{propertiesas prayedfor?}

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As stated supra, the^{Defendant remained absent and did not turn up to controvertthe} version of the^{o.A. of ApplicantBank The Evidence Affidavitcoupled with the recitalsin the} documents^{viz.,Exhibits Annexure-Ato Exhibit Annexure-E marked on behalf of the} Applicant Bank,^{establishedthe claim of the ApplicantBankagainstthe Defendants and OA} schedule^{properties, Hence, I hold that the Defendants are jointlyand 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_partewith costs' as under:-}

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ORDER

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(1) o.A. No. 594 of 2023 filed^{by the APplicant Bankis allowed and debt is determinedwithcost} against the defendants. lt^{is hereby orderedthat applicantbankis entitledto recover from} the defendants the total^{amountto the tune of Rs. 23,35,310 64l-(Rupees twentythree} lakh thirty five thousand three^{hundredten andpaisasixty four only) with pendenteliteand} future interest @ 7.50^{o/o per} annum^{interestwithsimple on the amount due from the date} of filing of the Original Application i,e.^{05/1O/2O23till full and final realization of the claim} amount,

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(2) Amount, if any,^paid by the defendants^{in the loan accountsor amount, if any, recoveredby} the Applicant Bank after filing of the O.A. the same be^{takeninto accountwhile arriving 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, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of tharty 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 entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to^proceed against personal properties of the defendants (8oth 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 applicantbank} 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 defendants in accordance with law,

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(7)Ld. Registrar of this^{Tribunal is directed to deliver recovery certificate in term of thefinal} order/judgement^{for recovery of the sum against the defendantin favourof theApplicant} Bank under section^{19 (22) of the Recovery of Debtsdue to the Bank and Financial} lnstitutionsAct,lggsnowknownasRecoveryofDebtsandBankruptcyAct,1993.

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(8)The parties are directed to^{appear before the RecoveryOfficer on 13/06/2024 for further} actioninaccordancewithlawintheeventtheentireamountisnotpaidbythesaiddate.

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Accordingly, the Original^{Application beingO A. No594 of 2023 is allowedandstands} disposed of.

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Copy of the ludgement/Final^{Order be uploadedin the Tribunal's website'} File is consigned to the Record^Room

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(Dictated to steno, transcribed by her, corrected,^{signed and} pronounced by me in the open Court on this the 13th day of l4ay,2024)

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( KAI4AL DE ) PRESIDiNG OFFICER.

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Debts^{Recovery Tribunal-3' Kolkata} Order Sheet (Continuation)

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Centrat eank of India Vs' Stt' Kalamuddin
Cas" X"rca t{". 594 ol 2023
Order with signature
Date of order
Order No.05 Order pronounced (vide separate sheets)'
ot.13 / 0512024
ln the result, O.A. No 594 of 2023 is allowed with costs lssue
Recovery Certificate accordingly
( Kamal De )
Presiding Officer
DRT-3, Kolkata

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

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Cas€No.O'A./5	cenlrat^{ginkotfndiavs'sk'Kala} 94/2023	l
DateofOrder	Orderwith^signature
OrderNo.04 Dt.29/04/2024	Present:. ForApplicant:^{Ld,AdvocateSachetan Ghosh} ForDefendants:^None
ss	TheRegistryhasissued^{noticetotheDefendantinterms of} order^passedby^{thisTribunal.Defendanthasnot turnedup} despitethe factthat^{thenotices have been served uponthe} Defendant. Applicant^{prayedforhearingof thecaseex-parte'} Thematteris^pendingsince^{2023.Hencerightavailabletosole} Defendantforfiling^{ofW.S.andcounterevidenceistobe} closed.Itisclosed. The^{OA proceedsfor ex-parte.HeardtheLd} Counselfor the Applicant.^{Reservedfororder.} Applicant mayfilewrittennotesof^arguments. 1073105/2024 Jotordet. (KamalDe) PresidrngOfficer DRT-3, Kolkata

Central Bank of India v. Sk Kalamuddin

Case brief

What is this about?

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Central Bank of India v. Sk Kalamuddin

Case brief

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