Allowed

Indian Bank v. Alok Chanda

DRT21 Jun 2024OA/632/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte Original Application filed by Indian Bank for recovery of a home loan dues from the Defendant. The debt was determined at Rs. 20,03,277 with future interest, and an order for recovery was issued under Section 19(22) of the RDB Act.

What did the court decide?

Recovery of Rs. 20,03,277 with future interest; direction to issue a Recovery Certificate under Section 19(22) of the RE D Act, 1993.

Indian Bank versus Alok Chanda — DRT (2024) — LawSathi Research

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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. 632 OF 2022.

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OATE OF DELMRY OF ORDER | 21/06/2024

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Indian Bank is a body corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakrngs) Act, 1970, having its Registered Offrce dt 254-260, Avrai Shanmuqam 5atai, Royapettah, Chennai-6ooo14 and having therr zonal office at 14, India Exchange place, Ground Floor, Kolkata-7OOOO1, carrytng on its busrness through various branches, one of the branch at Indian Bank, 115/A, RaJa Ram Mohan Roy Road, Kolkata-7OOOO8, also known as..Barisha Branch,,, within the lurisdiction^of this Ld. Tribunat.

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Apphcant Bank.

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1. Mr. Alok Chanda, son of Late Indu Chanda of 32, Nibedita Road, Kotkata_700078 and or 63t27,p r,latumdar Road._ Kolkata TOObTS una oi iia,- <ii corony, (Gholsahapur Raitway cotony), kotkata_7oOO34 anO afso -oi ftai'no. :of, Premrses no. 319, Dakshrn Behata Road, Kotkata-70006r.

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Defendant

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Counsel for the Applicant Bank:

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Gunja Pachisja, Advocate,

Set ex-parte on

10/06/2024

JUDGEMENT

The Appticant Bank fited the present O.A. being No, 0.A./632/2022 on 23/lt/2[22 fol recovery of a total su'r. of Rs, 20,03,27?/_ (Rupees twenty lakh three thousand two hundred and seventy seven only) from the Defendants towards Home Loan together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendant appeared but failed to file any w.s. There was no representation from the defendant subsequendy and the case was fixed for ex-parte hearing on tO/06/2024, and heard ex-parte accordingty.

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The Appl,cant Bank examined 10 documents through Sri Kundan Kumar Bhagat, Senior l4anager & Branch Manager, markec, as Exhibit Annexure_A-1 to Exhibit Annexure_A-10.

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Heard the Ld. Counset for the Appticant Bank.

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The point that arises for consideration is^I

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whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule^properties as^prayed for?

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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 Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A-1 to Exhibit Annexure-A-10 marked on behalf oF the Applicant Bank, establashed the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendahts are joinuy and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as uhder:-

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OROER

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( I ) o.A. No. 632 of 2022 fired by the Appricant Bank is aflowed and debt is determined with cosr against the defendants lt is hereby ordered that appricant bank is entated to recover from

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T ,nu deFendants the totat amount to the tune of Rs, 20,03,277/- (Rupees twenty lakh three J thousand two hundred and seventy seven only) with pendentelite and future interest (ol 8.25o/o pe( annum interest with simple on the amount due from the date of filing of the Original Application i.e. 23/L1/2022 full and final realization ofthe ctaim amount.

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'jll

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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 whrle arriving ar the exact amount of dues/debt payable by the defendants. Accordingty, pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or deating wath 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 repayinq of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the appticant bank is entiUed to recover its dues by sale of secured assets, af any. Applacant bank is also entifled 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 taw.

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

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Judgement for issuance of the same against defendants in 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

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same for issuance of the Certificate.

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(6)Ld. Recovery Officer shalt reatize the amount as per the Recovery Certificate from the

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defendants an accordance with law.

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(7) Ld. Registrar of this^{Trabunal rs directedto deliver recovery cert'ficatein termof thefrnal} orderliudgement^{for recovery of the sum aga'nstthe defendantin favourof the ApplicanL} Bank under^{Section 19 (22) of the Recovery of Debtsdue to the Bank andFinancial} Institutaons^{Act, 1993 now known as Recoveryof Debtsand BankruptcyAct' 1993'}

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(8)The^parties are^{directed to appear before the Recovery Ofticeroo 22/0712024 for further} actron^rn accordance^{with law in the eventthe entire amount is not paid by the said date'}

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Accordingly, the^{Original Application beingO A No632 of 2022is allowedandstands} disposed of.

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Copy of the ludgement/Flnal^{Order be uploadedrn the Tnbunal'swebsite-} File rs consigned to^{the Record Room.}

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(Orctated to steno, transcrlbed bY her,^{(orrected,srgnedand} iionorrncea^{by me rn theopencourton thrsthe 2lrr day} of lune, 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. 632 of 2022
Indian Bank Vs. Atok Ch;nd;
Date of Order
Order wath signature
Order No.05
Dt.21/ 06/ 2024 Order pronounced (vide separate sheets).
In the result, O,A. No. 632 of 2022 is allowed with costs. Issue
Recovery Certiflcate accordingly.
Presiding Officer
DRT-3, Kolkata
s5

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

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caseNo.o.A./	632/2022	IndianBank Vs.AlokChanda
DateofOrder		Orderwithsignature
Qld€rN9.04 Dt.r9/06L2OZ4	Present:. ForApplicant ForDefendants:	:Ld.Advocate Gunjapachisra None
SS	The Registry ha orderpassed 06/12/2023 and w.s.withanthest thecaseex-part rightavailableto evidenceistobe parte.Heardthe order, Applicantmayfile fo2ll06/2024 fo	s issuednotacetotheDefendantintermsof bythisTribunal.Defendant appearedon filed vakalatnama.Defendantfailedto fileany ipulatedtame.Applicantprayedforhearingof e. The matterispending since2022.Hence sole DefendantforfilingofW.S.andcounter closed.Itisctosed.TheOAproceedsforex- LdCounselfortheApplicant.Reservedfor writtennotesof arguments. rorder.
		(KamalDe) PresidjngOfficer DRT3,Kotkata

Indian Bank v. Alok Chanda

Case brief

What is this about?

What did the court decide?

Indian Bank v. Alok Chanda

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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