Allowed

Bangiya Gramin Vikas Bank v. Debdas Sardar and Anr.

DRT2 Jul 2024OA/64/2022

Case brief

AI extract

What is this about?

This judgment allows an Original Application filed by Bangiya Gramin Vikash Bank for recovery of a loan debt of Rs. 41,74,216/- from two Defendants who were absent. The Tribunal directed the issuance of a recovery certificate under the RDB Act, calculated future interest, and ordered an immediate bar on disposal of property assets.

What did the court decide?

Recovery of Rs. 41,74,216/- with interest at 13% per annum; issuance of Recovery Certificate; bar on disposal of property for 30 days; permission to recover from secured or personal assets.

Bangiya Gramin Vikas Bank versus Debdas Sardar and Anr. — Execution and Attachment | DRT (2024)

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BEFORE THE DEBTS^{RECOVERY TRIBUNAL-IIIKOLKATA} PRESENT:^.SRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 64 OF 2022.

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DATC OF DELMRY^{OF ORDERI O2/O7} /²⁰²⁴

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Eangiya Gramin vikash^{Ba[k,a Government Enterprise (established rn terms o[} provisrons of Regional Rural Banks Act 1976),^{having its HeadOffice at gMCHouse,} NH-4, Chuanpur, Post Office_^{Chaltia,Berhampore,DT._M urshldabad-7 42701;and} carrying its business^{from its branch office amongst others at FatepurBranch'} situated at Vill. & P.O.-^{Fatepur, Dist-24Parganas(South), PIN-743513, underP S} Falta. The said branch^{falling under RegionalOffice(South 24 Parganas)at} Snehadeep^{Apartment,Balia, GariaStation Road, Kolkata-700084,District-24} Parganas^(South), within^{the jurisdictionof this Ld Tribunai'}

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Applicant Bank.

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Versus

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1. Sri Debdas Sardar,^{(Prop. of M/s. Debi Enterprise) Sonof OulalSardar' Havinq} place of business at Kriparampur,^{P.O.-sukdebpur,underP S Bishnupur' PIN} 743503.

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1. Debdas sinqha^Roy, S/o.^{Eibhuprosad SinghaRoy, vill & P O Rashapunja' under} P.S- BishnuPur, PIN-743503.

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Defendants.

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Counsel for the^{APP|icant Bank:}

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Debasish Chakrabarti,^Advocate,

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set ex-parte on 2t10612024

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]UDGEMENT

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The Applicant Bank^{filedthe present O.A} being No. 0.A./6412O22^{on 21lO/2O22fot} (Rupees forty one lakh seventy^{four thousand} recovery of a total^{sumof Rs. 41,74,2161'} two hundred and^{sixteen only) from the Defendantstowards Cash Credit togetherwith} interest, cost and other^{usual reliefs}

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The Defendants are served with^{summons- The defendantsdid not appear, as there was no} representataon from the defendants,^{the case wasfixedfor ex-partehearinqon 2f10612024'} and heard ex_Parte accordinglY.

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The Applicant^{Bank examined} 17 documents through^{Sri SDasgupta, BranchManager} marked as Exhibit^Annexure-A to Exhibit Annexure-Q.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for consideration ts :

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Whether the Applicant Eank is entatled to the claim made in the OA agaanst 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 ln the documents viz., Exhibits Annexure-A to Exhibit Annexure-Q marked on 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 Joantly 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 onderi

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A-&DE

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. r

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( I ) O.A. No. 64 of 2022 filed by the Applicant Bank is allowed and debt as determined wrth 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, 4L,74,216/- (Rupees forty one lakh seventy four thousand two hundred and sixteen only) with pendentelite and future interest @^13o/oper annum interest with simple on the amount due from the date of filing of the Original Application i.e. 2LlOll2022 till full and final realization of the claim amount.

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(2) Amount, if any, paid by the defendants rn 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 arrivrng ai the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future rnterest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any of lhe propertres belongrng to them till the aforesaid decretal debt rs 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 lor repayrng of the above mentioned dues, so inhmated to them. In case the defendants farl to pay the dues within the above mentioned time, the applicant bank is entitled lo recover rts dues by sale of secured assets, if any. Applicant bank is also entitled to proceed agarnst personal properties of the defendants (8oth movable and immovable) and also proceed against the defendants personally to recover the dues in accordance wath law.

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(s)LeL the Certifrcate of Recovery be drawn up by Ld. Registrar forthwith rn terms of ludgement for issuance of the same against defendants in favour of the apphcani bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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(6) Ld. Recovery Offtcer shall realize the amount as per the Recovery Certrftcale from thc defe'1dants rn accordance wrth taw

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(7)Ld- Registrar of this Trbunar is directed to deriver recovery certificate rn term of the trnar order/ludgement for recovery of the sum against the defendant in favour of the Applcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financrat lnstiiutrons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8) The parties are dir€cted to appear before the Recovery Officer on o2/O8/2O24 for furthrr

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action in accordance with law in the event the entire arnount is not pard by the said date.

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Accordrngly, the Originat Apptrcation being O.A. No. 64 of 2022 is allowed and standc dtsp6,,s6.1.

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Copy of the Judgement/Final Order be uptoaded in the Tribunal,s webstte. Frle is consigned to the Record Room.

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(Dr(tated to steno, transcflbed bv her .^r 3J:":,'";"'iib';';iild"T;;;;:;"'ilfi^{i"iiiiT"",ou"o}

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( KAr,aAL DEI^-...-_- PRES]D] NG OFFI'F'.'

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

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Case No. OA No. 64 of 2O2, Bangiya Gramin Vikash Bank Vs. Debdas Sardar & Anr.
Date of Order Order with signature
Order No.05
Order pronounced (vide separate sheets).
Dt.o2t 07 I 2024
In the resutt, O.A. No. 64 of 2022 is allowed with costs. Issue
Recovery Certifi cate accordingly.
( Kamal De )
Presrding Offrcer
DRT'3, Kotkata
L

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

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Case No. O.A. /54l 2022 Bangiya Gramin Vikash Bank Vs. Debdas Sardar & Anr.
I
Date of Order Order with signature
Order No-04 Present:.
Dl.4/06/2024
For Applicant Ld. Advocate Debasish Chakrabarti
For Defendants : None
The Registry has issued notice to the Defendant an terms of
order passed by this Tribunal. Defendant has not turned up
despite the fact that the notices have been served upon the
55 Defendant. Applicant prayed for hearing of the case ex-parte.
The matter is pending since 2022. 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 file wratten notes of arguments.
To 02/07 /2024 fo. ordet.
Presiding Officer
DRT-3, Kolkata

Bangiya Gramin Vikas Bank v. Debdas Sardar and Anr.

Case brief

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Bangiya Gramin Vikas Bank v. Debdas Sardar and Anr.

Case brief

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What the court decided

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