Allowed

Bank of India v. Ms Usa Enterprise and Anr.

DRT19 Nov 2024OA/619/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Bank of India for recovery of cash credit and term loan dues totaling Rs. 25,65,477.52 from the defendants ex parte, due to their absence.

What did the court decide?

Allowance of OA; determination of debt of Rs. 25,65,477.52 with interest; issuance of Recovery Certificate under Section 19(22); 30 days time given for payment.

Bank of India versus Ms Usa Enterprise and Anr. — Banking and Recovery | 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. 619 OF 2023.

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DATE OF DELMRY OF ORDER I t9/tt/2024

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Bank of India, a body corporate constituted under the gankang Companies (Acqursrtion and Transfer of Undertakings) Act, 1970 and having its Head Office at ''Star House", Block-'G', ptot No. C-5, Bandra Kurla Complex, Bandra (East), lYumbar'400051 and carrying on its banking business, inter_alia, at its Bank of India, Colleqe Street Branch, situated at 8/9 Bankim Chatterjee Street, Kolkata 700073, under Police Station Amhrest Street, within the jurisdiction of this Ld. Tribunal.

Applacant 8ank.

Versus-

pt/s. USA Enterprise, prop. Gourav pal, S/o Mr. Goutam pal A.ddress of the offrce/ Factory shop 1/1A, lawaharrar outt" Lun", Near Muchibaza. Ulradanga, Kolkata-700067.

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Mr Gourav^pat. S/o t4r. Goutam pat, prop. M/s. USA Enterprise 13/Al47, A.|fi Road, Uttadanga. ptuchrbazar, Kolkata. T000'67:

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Defendants.

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Counsel for the Applicant Bank:

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Pratayush Verma, Advocate, Set ex-parte on 04/ 11/ 2024

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]UDGEMENT

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The Appl,.aft Bank rited the present O.A. being No. O.4./619/2023 on 12/10/2023 fot recovery of .r rotat sum of Rs. 25,65,47?.52/- (Rupees twenty five takh sixty five thousand four hundred seventy seven and paisa fifty two only) from the Defendants towards cash Credit and Term Loan together wrth tnterest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants did not appear, as there was no representatjon from the defendants, the case was faxed for ex_parte hearing on 04/11/2024, and heard ex parte accordingly.

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The Apptrcant Bank examined 18 documents through Sri Joydeep Bhattacharya, Senaor Manager marked as Exhibit Annexure-A 1 to Exhibit Annexure_A_18.

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Heard the Ld. Counset for the Applicant Bank.

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The pornt thal anses for consideration is:

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Whether the Applicant Bank is entitled to the claim made tn the OA against the Defendants and OA schedule properties as prayed for?

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As stated supra, [he Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents vrz., Exhibits Annexure-A-1 to Exhibit Annexure-A-18 marked on behalf of the Applicant Bank, established the claim of the Apptacant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Bank the claims made in the OA wath future interest and costs.

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In the result, the present Original Application is allowed ex_parte with costs, as undei -

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ORDER

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. J

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(r) O.A. No. 619 of 2023 fited by the Appticant Bank is alowed and debt is determined with cost against the defendants lt as hereby ordered that applicant bank is entiUed to recover from ,f: O:*"danrs rhe totat amount to the tune ot Rs. 25,65,477.52t_ (Rupees twenty five lakh sixty frve thousand four hundred seventy seven and paisa fifty two only) with pendentelite and future interest @ 9.35olo per annum interest with simple on the amount due from the date or r,ting of rhe Oriqinal Application i.e. 12/10/2023 ti fu and finat reatization of the claim amount.

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(2) Amount, rf any, paid by the defendants in the loan accounts or amount, if any, recovered by the Apptrcanr Bank after fiting of the O.A. the same be taken jnto account white arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future tnterest shall be calculated on the reduced amount.

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(3) Defendants are c,ebarred fr disposing' alienating or dealinq with any of the properties

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belongrng to them ti tne arrc oresaid decretal debt is recovered from the defendants.

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(4) Defendants are gaven a time of thirty days from the date of the ludgemenvFinal Order for repaying of the above mentioned dues, so intimated to them, h case the defendants faal to pay the dues withan the abo -"nt'on"o time, the applicant bank is entitled to recover its

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dues by sate of secured "rl'" sets, if any. Applicant bank is also enti ed to proceed against personal properties of the defendants (Both movable and ammovable) and also proceed against the defendants personally to recover the dues in accordance with law.

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

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Judgement for issuance of the same agarnst defendants in favou r of the appticant bank

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

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Same for rs5Lran(e of the CertifiCate.

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(6) Ld. Recovery Officer sha realize the amount as per the Recovery Certificate from the

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defendants rn accorc,ance with law.

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(7) Ld. Reglslrar of this Tribunal is directed to deliver recovery certificate in term of the final orderllu.lqement for recovery of the sum against the defendant rn^favour of the^Applicant Bank un.,er Seclron 19⁽²²⁾ of the Recovery of Debts due to the Eank and^Financral Instrtutrorrs Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B)The partrrs are drrected to appear before the Recovery Ofiice. on 19/1212024 fot furl\et aclon ,n accordance wrth law in the event the entire amount^{is not paidby the saiddate}

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Accordrr(lly, the Original Application being O.A. No. 619 of 2023 is allowed^andstands drsposa(l of

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Copy of llre Judqement/Final Order be uploaded in the Tribunal's^website. Frle rs^(orrsrgned to the Record Room.

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(Drcrared to steno, transcribed by her, corrected, signed and p(xrolrnced by me in the open court on the l9ti day of November,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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Case No. OA No.6t9 of 2023
Bank of India Vs. M/s. USA Enterprise & Ani.
l____
Date of Order f-orr[. acion*th
Order with signature
--
Order No.0-7
Dt.19/ t1/2024 Order pronounced (vide separate sheets).
ln the result, O.A. No. 619 of 2023 is allowed with costs. Issue
Recovery Certaficate accordingly.
( Kamal De ) --
Presiding Offlcer
DRT-3, Kotkata
L
Lr

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

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caseNo.0.A.	/619/2023	BankofIndiavs^M/su5a^Enr^erp^r s. /s. USA t P i
Date ofOrde	r	Orderwith^signature
Q[dqr]ra-06 Dr^.94I1rL2021	^Present:. ForAppllcant ForDefendants	:^{Ld.Advocate PratiyushVerma} :None
	TheRegrstryha order^passedby dcsprtethe fact Defendants.App Thematteris^pe Dcfendantsfor closed.itrsclo Counselfor the Applrcant mayfil ra19/11/2024 f	s issued^{noticeto theDefendantsintermsof} fhrs^{Tribunal.Defendantshavenot lurnedup} that^{thenotlces have been served uponthe} licant^{prayedforhearinqof thecaseex_parte'} ^ndrngsince2023.^{Hencerightavailabletothe} FilingofW.S.and counter^{evidenceistobe} sed. TheOA^proceedsex-Parte^HeardtheLd Applicant.Reservedfororder' ewrittennotesofarguments. o(ordet.
		,1"::;1"Jffi:". DRT-3. Kolkata

Bank of India v. Ms Usa Enterprise and Anr.

Case brief

What is this about?

What did the court decide?

Bank of India v. Ms Usa Enterprise and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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