Allowed

Karur Vysya Bank v. Gopal Chandra Paul and Ors.

DRT4 Nov 2024OA/62/2024

Case brief

AI extract

What is this about?

In this ex-parte order, the Debts Recovery Tribunal allowed KLUR VYSYA BANK LIMITED ORIGIANL APPLICATION for recovery of Rs 91,58,619.09 plus interest and costs from the absent Defendants, directing the issuance of a Recovery Certificate under the RDB Act 1993.

What did the court decide?

Recovery of sum of Rs 91,58,619.09 with future interest and costs; Defendants debarred from dealing with properties; Recovery Certificate issued under Section 19(2A) RDB Act, 1993.

Karur Vysya Bank versus Gopal Chandra Paul and Ors. — Banking and Recovery | DRT (2024)

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DATE OF DELIVERY OF ORDER | 4lttl2024

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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. 62 of 2024

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(ARUR VYSYA BANX LI ITED, a banking company duly incorporated of the lndran Companies Act, 1913, having ats Registered Office at 20, Erode Road, Vadivet Nagar, L. N. S., Karur - 639002, and its Djvisional Office and Asset Recovery Branch at The Karur Vysya Bank Limited, 15, Bondei Road, First Floor, Kolkata - 700019 and carrying on banking business inter alra at AA-47, Sector _ I, Sall Lakc, t.totkdl,, 700064, Police Station - Bidhannagar, commonly known as Karur Vysya Bank Limited, Bondel Road Branch, hereinafter referred as the,,Applicant gank,,, wrthrn th(, JUrisdiction of this Learned Tribunal.

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Applrcant Barrk

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Iilr. copal Chandra paul, son of Mohabir Paul' residing at 40/2, K B.

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saranr, santkunja, Korkata - 7.ooao

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Mr. Ranabir Biswas, son of Mr

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Guha Road, o,i o,- ;;";: l';o;"ffdn'r^{Biswas, residins at r 15,} R. r/

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Smt. Mamata paul, wife of Mr. Ashim paul, residing at 4Ol1, K. B. Sardnr, Ma Road, Dum Dum, kolkata 7OOO8o

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Smt. Rakhi pareek, wrfe ol. I\4r. F Nabrn sen Road. sh];";;:.;;";l j,l':,'n"t"'^{Pareek, res,d,ne} ar r, r,rr,i _ TOOOZA L.,,Ftoor. Ftat No. D3, Dum Dum, Kott.,l,r

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Shri Ashim paul, son of Mr. I\4ohal '""* residing at 4ol1, K B saranr,

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Marr Road, or- rra **"i" 'u'''

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Defendants

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Counsel for the Applicant Bankj

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I.1s. Aparajita Rao, Advocate Set ex-parte on 12/09/ 2024

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TUAGEI9EN'r

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l. The Applicant Bank filed the present OA being No. O.A. 62 of 2024 on 29/01/2024 fot recovery of a total sum of Rs. 91,58,619.09/_ (Rupees Ninety one lakh fifty eight thousand

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six hundred nineteen and paise nine only) From the Defendants towards term loan togethcr with rnterest, cost and other usual reliefs.

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Thc Def.ndants are served with summons. Thc defendants did not appear, as thar. wi. ,r. representation from the defendants, the case was fixed for ex-parte hearing on 12/Og/2024, and heard ex-parte accordingly.

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The Applrcant Bank examined 20 documents through Mr. Akbar Dorai D, Deputy Gcn,jr.l l4anager and Constituted Attorney, marked as Exhjbit Annexure _ A/1 - A/20. to Exhrbrt AnncrL]le

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l. Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration rs :

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Whether the Applicant Bank is entiU( claim made in the oA against the Defendants and oA schedute prop".,", u. p.uy.o rlo.the

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As stated supra, the Defendant ren absent and did not turn up to controvert the versron of the o.A. of Appricant uun*'"'n"o The Evidence Amdavit coupled with the recrtats rn thc documents viz.. Exhibit Annexur€ - J to Annexure - A/20' marked on behalf of the Appticant Bank, estabtjshed the claam ot tn" o'o"tunt Bank against the Defq6r6615 6n6 64 schedure properties. Hence, I hord,n" the Defenc'ants are joint'|y and severally liable to pay to the Appricant Bank the craims madet in the OA with future interest and costs.

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In the result, the present Original ApDtrcation is altowed ex_parte with costs, as under:

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Q_8_D_E-8

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(r) .:l ff.1ft';"#i: is arowed and debt is determjned wjrh ':: ::'"":,Bank ot'"t"d that applicant bank is entiued ro

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recover from the defendants the to,.lft"o' Ninety 64s o* OO, ",nn,-*.r""""j "t"'" " an" ,une of Rs. 91,58,619.09/, (Rupees

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:ilH::: ;":Tr;: :.,;#, :i: ::il';::^{;ffi "T:::ff} i,' :il:;:" T: original Application i.e, 29/07/2o24tilt fult and

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rinat realization of the claim amount_'the

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(2) Amount. if any, paid by the defer recovered by the Appricant Bunk uft"t:: in the loan accounts or amount, if any, "";::^{f'ling- of} the o A' the same be taken into acco,nl

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wh.re arriving ", ;n" ";;; Accordinslv, p"na-t"r,," "i-o-rr,il:::: lterest^": shall^{dues/debt pavable} be calculated on the^bv reduced^{the dcrenrranrs} arhount.

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(3) Defendants are debarred from drsposrr or dealine with anv or rhe propertrcs

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beronsins to them ,,,, ,;; ;;;;il"::l.alienatine :retal debf is recovered from the defendants.

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(4) Oefendants are^given a time of thirty days^from the date^{of the ludgement/FinalOrder} lor rcpaying of the above mentioned dues, so inLimated to them. In casc the d,^f.r).1,,r'l fail to pay the dues withan the above mentioned time, the applicant bank is entrtled to recover its dues by Sale of secured assets, if any. Applicant bank is also entrtlc(l lo proceed against personal propertaes of the defendants (Both movable and anrmov.)l)li ) and also proceed against the defendants personally to recover the dues in accordanc('

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(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in lerml, o, ludgement for issuance of the same against defendants in favour of the applicant bank under Section f9 (221 ot the Recovery of Debts and gankruptcy Act, 1993 and pul up the same for issuance of the Certificate.

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(b) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate trom Ulc defendants in accordance with law.

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1. Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term ot the Iin,)l order4udgement for recovery of the sum against the defendant in favour oJ thc Applicant Eank under section rg (22) of the Recovery of Debts due to the Bank an.r Financial [nstatutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8) The parties are darected to appear before the Recovery Officer on 6/12/2024 for Furlher

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action in accordance with law in Lhe event the entire amount is not paid by the sard

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date.

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Accordingly, the Original Applicataon being O.A. No. 62 ot 2024 rs allowed and stand5

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dtsoosed of.

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Copy of the ludgement/Final Order bL upload rn the Tribunal,s website. File rs consrgned to the Record Room.

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lD'rd.,.J ru\teno, I,d(-,rbed bv hrm. rorrectp,r. _qnpo d^d 1 Pronolnced udy or Novemher, by me 'n rhe 2024 open Cou.t ) on rh,s

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( KAMAL DE ) PRESIDING OFFICER

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uation )

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Case No. OA No, 62/2024 Karur Vysya Bank Limited Vs. Gopal Chandra paul & Ors.
Date of O.der Order with signature
Order No.6
pt.4/1t/2024 Order pronounced (vrde separate shcets).
ln the result, O.A. No.62 of 2024 ts allowed with costs. Issue
Recovery Certificate accordingly.
som { Kamal De )
Presiding Officer
DRT-3, Kotkata

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De bts Recovery Tribunal-3,^Kolkata Order Sheet

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( Contin u atio n )

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case No. OA/62/2tl24 Karur vysya Bank Limited ts.^{copit ctandra Paul & ors.} Date of Order Order with signature OfdeJ NA.5 Present:. Dt t2la9/2o24 For Applicant : Ms.^{AparajitaRao, Ld Counsel} For Defendants : None iThe Reqistry has issued notice to the Defendant^{in terms of} order^passed by this^{Tnbunal.Defendanthasnot turnedup} despite the fact that the^{notrceshave been served upon the} Defendant. Applicant^{prayed for hearinq of the case ex_parte.} The matter is^pending since^{2024.Henceright available to sole} I Defendant for filing of^{w.S. and counter evidence is to be} closed. It is closed.^{TheOA proceeds forex_parte. Heard the Ld} Counsei for the Applrcant.^{Reservedfor order.} Applrcant may file wrrtten^{notesof arguments.} 1^{xamar oe} 1 - Presiding Ofticer DRT-3, Kolkata

Karur Vysya Bank v. Gopal Chandra Paul and Ors.

Case brief

What is this about?

What did the court decide?

Karur Vysya Bank v. Gopal Chandra Paul and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Case details

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