Allowed

Central Bank of India v. Ms Mitra Enterprise and Anr.

DRT6 Aug 2024OA/615/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte application filed by Central Bank of India for recovery of Rs. 62,12,017.81 plus interest against defendant borrowers who failed to appear. The court ordered issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 62,12,017.81 with future interest @ 8.35% p.a., issuance of Recovery Certificate, and asset sale powers granted to the bank.

Central Bank of India versus Ms Mitra Enterprise and Anr. — Banking and Recovery | DRT (2024)

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

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PRESIDING OFFICER.

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o.A, No. 615 OF 2023.

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DATE OF DELIVERY OF ORDER I O6IOAI2024

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Central Bank of India is a body corporate constituted under the Bankrng Companies^(Acquisition and Transfer of Undertakings) Act,^{1970, carrying the} banking business having its Head Office at Chandermukhi, Nariman^{Point, Mumbar} 400021 and branches interalia at, New Market Branch, having its office at l0^Nellie Sengupta Sarani, Police Station: New Market, Kolkata-700087,^{within thejurisdlction} of this Ld, Tribunal.

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Applicant Bank.

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M/s. Mitra Enterprise,^proprietor Manoj Kumar Si, 18/4,^{Akrur DuttaLane,Ground} Floor, ward No. 51, Bowbazar, Police Station: Muchapara, Kolkata-700012,^Mobile No. 877 7 57 204A, mitraenterorise202 1(agmail.com.

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I\4r. Manoj Kumar Si, son of Bimal Si @ Bimal Kumar Si,^{residinq at Village & Post} Office: Dangalsa^(Madhya Purba), Pindarui,^{PoliceStation:Pingla, DistrictrPaschim} l,tedinipur, Pin 721131, Mobi 8777572048, PAN No DlCpS7493K.

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Defendants.

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Counsel For the Applrcant Bank:^-

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Samapti Roy, Advocate,

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Set ex-parte on 29/07/2024

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JUDGEMENT

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The Applicant Bank filed the^present o.A.^{being No. o.A/615/2023on} 13/1o/2023 fot recovery of a total sum of Rs. 62,12,017.81/(Rupees sixty two lakh twelve thousand seventeen and^paisa eighty one only)^fromthe Defendants towards Cash Credit together wath interest, cost and other usual^reliefs.

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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^wasfixedfor ex-parte hearing o^ 29/0712024, and heard ex-parte accordanglY.

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The Applicant Bank examined 18 documents through^{14s Roseti Binodinr Ekka,Senlor} I\4ana9er marked as Exhibit Annexure-A/1 to Exhibit^{Annexure_A/18.}

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Heard the Ld. Counsel for the^{ApplicantBank.}

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The^point that arises for consideration^is:

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

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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 EvidenceAffidavitcoupled withthe recitals in the} documents viz., Exhibits Annexure-A/1 to Exhibit^{Annexure-A/18 markedon behalf of the} Appiicant Bank, established the claim of the Applicant Bank^{againsttheDefendants andoA} schedule^properties. Hence, I hold that the^{Defendantsare jointly and severally liable to pay} to the Applicant Bank the claims madeⁱⁿ the^{OA with futureinterest andcosts}

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ln the result, the present Original Application is allowed ex-parte^{withcosts, as underl-}

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ORDER

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(1) O.A. No. 615 of 2023 filed by the Applicant Bank is allowed and debt is deterrnined wath cost against the defendants. lt is hereby ordered that applicant bank is entitled to^{recover from} the defendants the total amount to the tune of Rs. 62,12,017,81/-^(Rupees sixty two lakh twelve thousand seventeen and^paisa eighty one only) with^pendentelite and^{future tnterest} @ 8.35olo^per annum^{interestwith simple on the amount due from the date of filingof the} Oraginal Application i,e. 13/10/2023 till full and final realization of the claim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A. the same be taken into account while 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 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 fail to pay the dues within the above mentioned time, the applicant bank as entatled to recover its dues by sale of secured assets, if any. Applicant bank as also entitled 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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(s)Let the Certifacate of Recovery be drawn up by Ld. Registrar forthwith in terms of .]udgement for issuance of the same against defendants ln 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 Certaficate.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants rn accordance with law.

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J)^{f-0.neq,strar of this Tribunal is directed to delrver recovery certificatein termof lhe frna} order/judgement for recovery of the sum against the defendant in favour of the^Appllcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnanoal Institutions Act, 1993 now known as Recovery^oF Debts and Bankruptcy^{Act, 1993.}

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(8)The parties are directed to appear before the Recovery Officer on 06/09/2024 for further action in 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. 615^{of 2023is allowedandstands} disposed of.

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Copy of the iudgement/Final Order^{be uploadedin the Tribunal'swebsrte.} Frle is consrgned 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 06ih^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 DateofOrder	o,615 of2023 Central BankofIndia M s,MitraEnte e & Anr Orderwithsignature	.
OrderNo.07 ot.06/08/2024	Order^{pronounced (vide}separate sheets). Intheresult,O.A. No.615of2023is allowedwlthcosts. Issue RecoveryCertificate accordingly.
	(Kamal De) PresrdingOfficer DRT3,Kolkata
5S L		l

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

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case No. O.A. /615/ 2023 Central Bank of India
M s. Mitra & Anr.
Date of Order order with signature
Order No.06 Presentr.
pr.29/O? /2024
For Applicant : Ld. Advocate Samapti Roy
For Defendants : None
The Regastry has assued notice to the Defendant in terms of
order passed by this Tribunal. Oefendant has not turned up
despite the fact that the notices have been served upon the
Defendant. Applicant prayed for hearang of the case ex-parte.
5S
The matter is pending since 2023, Hence right available to sole
Defendant for filing of W.S. and counter evidence is to be
closed. It is closed. The OA proceeds for ex-parte. Heard the Ld
Counsel for the Applicant. Reserved for order.
Applicant may fale written notes of arguments.
To 06108/2024 for order.
( Kamal De )
Presidrng Officer
DRT 3, Kolkata

Central Bank of India v. Ms Mitra Enterprise and Anr.

Case brief

What is this about?

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Central Bank of India v. Ms Mitra Enterprise and Anr.

Case brief

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