Allowed

Canara Bank v. Sanjeev Chowdhury and Anr.

DRT14 Nov 2024OA/599/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte original application filed by Canara Bank for recovery of dues against non-appearance of defendants. The bank claimed recovery of cash credit, term loan, and interest totaling Rs. 20,07,887.70.

What did the court decide?

Recovery of Rs. 20,07,887.70 with interest at 8.90% p.a., prohibition on alienation of properties, thirty days time for payment, and issuance of recovery certificate under the RDB Act.

Canara Bank versus Sanjeev Chowdhury and Anr. — Execution and Attachment | DRT (2024)

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

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PRESIDIITG OFFICER.

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O.A. No. 599 OF 2023.

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DATE OF DELIVERY OF ORDER I t4lLtl2024

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Canara Bank is a body Corporate constituted under the Banking Companres (Acquisitaon and Transfer of Undertakings) Act, 1970, having its Head Office at 112, J.C. Road, Bangalore- 560002, and carrying on business inter alia at Canara Bank, Hatibagan Branch. 1, Abhay Guha Road, p.S- Burtolla, D.p- Cb1279, Kotkata_ 700006, West Bengal, withan the jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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l'1r. Sanjeev 9l-o*d-Ir9ry, Prop of M/s. Shri Enterprise, Son of Late M. N. Chowdhury, at Shop No. 122, lstFloot,138/t Bidhan Sarani, Kotkata-7OOOO4, Also at- BB- 4/1, Rajarhat Road, Taltala, Near Newtown tiursing Home, p.S, Baguiati, Kotkata-700159.

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Smt. 9ani Paul, Wife of Sanjeev Chowdhury, at 2/6, )adavgarh, Hattu, Kotkata_ 70007a.

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Defendants.

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Counsel for the Applicant Bank:

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Mr, Amit Gupta, Advocate,

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Set ex-parte on 07 / 10/2024

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JUDGEMENT

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The Applicant Bank fited the present O.A. being No. 0.A./599/2023 on O6/LO/2O23 for recovery of a total sum ot Rs. 20,07 pa7.7O/_ (Rupees twenty lakh seven thousand eight hundred eighty seven and paisa seventy onry) from the Defendants towards cash credit and Term Loan together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants dtd not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 07 /10/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 32 documents through Sri Sourav Shanta Chattopadhyay, Senior Manager marked as Exhibit Annexure-A to Exhibit Annexure-A_31.

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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 Appracant Eank is entifled to the craim made in the oA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the oefendant 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 in the documents viz., Exhibits Annexure-A to Exhibit Annexure_A-31 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 jointly and severa y tiable to pay 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 afiowed ex-parte with costs, as under:-

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ORDER

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.( -{

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(1) o.A. No. 599 of 2023 fired by the Appricant Bank is aflowed and debt is determined with cost a,ainst the defendants. It is hereby ordered that appricant bank is entired to recover from the defendants the total amount to the tune of Rs. 20,07,8g7.70l_ (Rupees twenty lakh seven thousand eight hundred eighty seven and paisa seventy onty) with pendentelite and future interest @ 8.90olo per annum interest with simple on the amount due from the date of filing of the orlginal Application i.e. o6/to/2o23 ti fu and finat reatization of the ctaim amount.

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

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(3) Defendants are debarred from disposing, alienating or dealtng 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 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 fair to pay the dues within the above mentioned time, the applicant bank is entifled to recover its dues by sate of secured assets, if any. Appticant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants persona[y to recover the dues in accordance with raw.

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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 agaanst defendants an favour of the applicant bank

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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 sha reatize 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 certaficate in term of the^final order/judgement for recovery of the sum against the defendant^{in favourof the Applicant} Bank under Section 19⁽²²⁾ of the Recovery of^{Debtsdue to the Bank andFinancial} Institutions Act, 1993 now known as Recovery of Debts and^{BankruptcyAct, 1993.}

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(B)The parties are directed to appear before the Recovery Office( on^{1611212024for further} action rn accordance with law in the event the entire amount^{is not paid by the saiddate}

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Accordingly, the original Application being O.A. No. 599 of 2023^{is allowedandstands} 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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(Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the 14th day of November, 2024)

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( KAMAL DE ) PRESIOING OFFICER,

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

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case No. oA No. 599 0f 2023 Canara Bank Vs. Sanjeev Chowdhury & Anr.
Date of Order Order with signature
Order No.06
Order pronounced (vide separate sheets).
Dt.14/11/2024
In the result, O.A. No. 599 of 2023 is allowed with costs.
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
s5

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

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Case No.O,A./	599/2023	CanaraBankVs.SanjeevChowdhury& Anr,
DateofOrder		Orderwithsignature
OrderNo.05 ot.o7/10t2024	Prescnt:.
	ForApplicant ForDefendants:	:Ld.AdvocateMr.AmitGupta None
ss	The Registry ha orderpassedby despitethe fact Defendants.App The matteris availabletoDefe istobeclosed. theLdCounselfo Tot4/11/2O24f	s issued noticetotheDefendantsinterms of thisTribunal.Defendantshavenot turnedup thatthenotices have been served uponthe licantprayedforhearingofthecaseex-parte. pendingsinceOctober2023,Henceright ndantsforfilingofW.S. andcounterevidence Itisclosed.TheOA proceedsex-parte.Heard rtheApplicant.Reservedfororder. oto,der. (KamalDe) PresidingOfficer DRT-3, Kolkata

Canara Bank v. Sanjeev Chowdhury and Anr.

Case brief

What is this about?

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Canara Bank v. Sanjeev Chowdhury and Anr.

Case brief

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