Allowed

State Bank of India v. Harmit Singh Chawla

DRT27 Nov 2024OA/618/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte Original Application filed by State Bank of India for recovery of a cash credit debt of Rs. 24,01,876. The Tribunal held the defendant jointly and severally liable, debarred alienation of assets, and directed the issuance of a recovery certificate under the RDB Act.

What did the court decide?

Determination of debt with future interest; recovery certificate issued; Defendants debarred from alienating assets; 30 days to pay.

State Bank of India versus Harmit Singh Chawla — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA

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PRESEITT: -SRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 614 OF 2022.

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DATE OF DELIVERY OF ORDER I 27IILI2024

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State Bank of lndia is a banking institution and a body corporate constituted, incorporated and formed by and under the^provisions of the State Bank of tndia Act, 1955 and carrying on their banking business inter alia amongst others at their Ballygunge Park Branch, Himadri, 22, Ballygunge Park, Kolkata-700019, P.S. Gariahat, within the^jurisdiction of this Ld. Tribunal represented by Small & Medium Enterpflses City Credit Centre, commonly known as "SI4ECCC" 1, Strand Road, Samridha Bhavan. Annexe Building,4th Floor, Kolkata-70OOO1, P.S. Hare Street. Phone No: 033-22137097 Email: [email protected]

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Applicant Bank.

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Sri Harmit Singh Chawla, Son of laspal Singh Chawla, carrying on business proprietor, under the name and style of M/s, Harry tnternational from 7/2H, Abinash Chowdhury Lane, Kolkata-700046,

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Defendanl.

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Counsel for the Applicant Bank: -

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Anirban Pramanick, Advocate.

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Set ex-parte on t9/11/2024

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JUDGEMENT

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The Applicant Bank filed the present O.A. being No. 0.A./6|A/2022 on 11l1tl2122 for recovery of a total sum of Rs. 24,01,A76/- (Rupees twenty four lakh one thousand eight hundred and seventy six only) from the Defendants towards Cash Credit together with 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 rcpresentation from the defendants, the case was fixed for ex-parte hearing on \9111/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 8 documents through Sri Soumik Biswas, Chief l4anager marked as Exhibit Annexure-A to Exhibit Annexure-H.

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Heard the Ld. Counsel fgr the Applicant Bank,

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The^point that arlses for consideration isⁱ

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

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As stated supra, the Defendant remained absent^{and did not turnup to controvert the} version of the O.A. of Applicant Bank. The Evidence Affidavit coupled^{with the recitalsin the} documents viz,, Exhibits Annexure-A to Exhibit^{Annexure-H markedon 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^{jointlyand severally liable to pay} to the Applicant Bank the claims made in the OA^{with futureinterest andcosts.}

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In the result, the^present Original Applicataon is allowed ex-parte with costs, as^under:-

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ORDER

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(1) O.A. No. 618 of 2022 filed by the Applicant Bank as allowed and debt is determrned with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover^from the defendants the total amount to the tune of Rs, 24,01,876/-^(Rupees twenty four lakh one thousand eight hundred and seventy six only) with^pendentelite and future interest @ l2.llqo^pet annum interest with simple on the amount due frcm the date of^{filing of the} Original Application i.e. 10/1112022 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 is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to^proceed against personal propertaes 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 applicant bank under Section 19 (22) of the Recovery of Debts and Eankruptcy Act, 1993 and^put up the same for issuance of the Certificate,

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(6) Ld. Recovery Officer shall realaze the amount as per the Recovery Certiflcate from the defendants in accordance with law.

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(7) Ld. Registrar of thls Tribunal is directed to deliver recovery certificate in term of the final orderfudgement for recovery of the sum against the defendant^{in favourof theApplicant} Bank under Section 19⁽²²⁾ of the Recovery of Debts^{due to the Bank andFinancial} Institutions Act, 1993 now known as Recovery of Debts and^{BankruptcyAct,1993.}

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(8)The parties are dlrected to appear before the Recovery Officer on 08/01/2025 for further action in accordance with law in the event th€ entire amount is not^paid by the said date.

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Accordingly, the Original Applicatlon being O.A. No. 618 of 2022 is allowed and stands disposed of.

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Copy of the JudgemenvFinal Order be uploaded in the Tribunal's website.

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File is consigned to the Record Room.

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(Diciated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the 27th day of November, 2024)

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)

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PRESIDING OFFI CE R,

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

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case No. oA No, 518 0f 2022 State Bank of India Vs. Harmit Singh Chawta
Oate of Order Orater with signature
Order No.09
Order pronounced (vide separate sheets).
Dt.27 /11/2024
In the result, O.A. No. 618 of 2022 is allowed with costs. Issue
Recovery Certiflcate accordlngly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss

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

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CaseNo.O.A./	State BankofIndiaVs.HarmitSing 614/2022	h I
DateofOrder	Orderwithsignature
OrderNo.08 Dt.19/11/2024	Present:. ForApplicant:Ld.Advocate AnirbanPramanick ForDefendants:None
	TheRegistryhasissued noticeto theDefendantintermsof orderpassedby thisTribunal.Defendanthasnot turnedup despitethe factthatthenotices have been served upon the Defendant. Applicant prayedforhearingofthecaseex-parte. Thematterispending since2022.Hencerightavailabtetosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed. TheOA proceedsex-parte.HeardtheLd Counselfor theApplicant.Reservedfororder. Applicant mayfilewrittennotesof arguments. To27/11/2024fototder.
	(KamalDe ) PresidingOfficer DRT-3, Kolkata

State Bank of India v. Harmit Singh Chawla

Case brief

What is this about?

What did the court decide?

State Bank of India v. Harmit Singh Chawla

Case brief

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What did the court decide?

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