Allowed

Canara Bank v. Mahammadul Hassan

DRT6 May 2024OA/695/2023

Case brief

AI extract

What is this about?

In an ex-parte proceeding, Tribunal allowed Canara Bank to recover Rs. 20,14,711/- with interest against the absent respondent by determining the debt, debarment of property disposal, and issuing a recovery certificate under RDB Act.

What did the court decide?

Debt of Rs. 20,14,711/- with interest and costs allowed; 30-day repayment period granted; recovery certificate issued; recovery against movable/immovable assets authorized.

Canara Bank versus Mahammadul Hassan — Execution and Attachment | DRT (2024)

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BEFORE THE^{DEBTS RECOVERY TRIBUNAL-IIIKOLKATA} PRESENT:^{-SRI KAMALDE'}

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PRESIDING^OFFICER.

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o.A. No' 695^{OF 2023'}

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DATE OF^{DELIVERYOF ORDER:06105/2024}

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Canara Bank is^{a bodyCorporate constitLltedunder theBankingCompanies} Transfer of undertakings)^{Act, 1970, having its Headoffice at 112'} i^.trlr,'"" "io j. t. *""0, Bangalore-560002, and carrying on business inter alia^{at 17' Tarun} l"nnup,u su.uni^{Italgacha Road, P o- Italgacha,P S- DumDum' North24} earg-anas, fotkata-zOOO28,^{D.P Code-1g775,withinthe jurisdictionof this Ld} Tribunal,

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Applicant Bank

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-Versus_

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Mr. Mahammadul Hassan,^{Proprietorof I4/s. 14 HassanGrocery Shop, Son of} Mahammad Amir Hossain At Premises No. BH-6/2.^{Hanapara, Jorakhana, Krishnapur,P.O-Prafulla Kanan,P S-} Baguiati, Kolkata-700102. Als; at- c/o Md. Amir Hossain, Hajipara,^{Beldanga, VTc-Beldanga-1,P o- Eeldanga,} District- Murshidabad. West^{Bengal-742133}

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Defendant.

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counsel for the Applicant Eank:

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Amit Gupta, Advocate,

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Set ex-parte on 24/04/2024

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J U DGE T,l ENT

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The Applicant Bank filed the present O.A. beang No. 0.A./695/2023 on 19/12/2023 for recovery of a total sum of Rs. 20,14,711/- (Rupees twenty lakh fourteen thousand seven hundred and eleven only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs,

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Ihe Defendants are served with summons, The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 24/0412024, and hea rd ex-parte accordingly.

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The Applicant Bank examined 12 documents through Partha BhattacharJee, Senior Manager marked as Exhibit Annexure-A to Exhibit Annexure-A-11.

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Heard the Ld. Counsel for the Applicant Bank.

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The^point that arises for^{considerationis :}

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whether the Applicant Bank^{is entitled tg 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 turn up to controvert the} versionoftheo.A.ofApplicantBank.TheEvidenceAffidavitcoupledwiththerecitalsinthe documents viz., Exhibits Annexure-A^{to Exhibit Annexure-A-11 marked on behalf of the} Applicant Bank, established^{the claim of the ApplicantBank againstthe Defendants and oA} schedule^properties. Hence,^{I hold that the Defendantsare jointlyand 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^{Applicationis allowed ex-parte withcosts, as under:-}

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ORDER

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(1) O.A, No. 695 of 2023 filed by the Applicant^{Bank is allowed and debt is determinedwith cost} againstthedefendants.Itishefebyorderedthatapplicantbankisentitledtorecoverfrom the defendants the total amount^{to the tuneot Rs. 2o,14,71\l- (Rupeestwentylakh} fourteen thousand seven hundred^{and eleven only)with pendentelite and future interest@} 10.55olo^per annum interest^{with simple on the amount due from the dateof filing of the} original Application i.e, 19/L2/2023 lill^{full and finalrealizationof the claimamount}

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(2) Amount, if any, paid by the defendants in the loan accounts or^{amount, if any, recoveredby} the Applicant Bank after filing of the O.A. the same^{be taken intoaccountwhile 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 Judgement/Final^{order for} repaying of the above mentioned dues, so^{intimated to them.In casethe defendantsfail to} pay the dues within the above mentioned time, the applacant bank is entitled to^{recover its} dues by sale of secured assets,^if any.^{Applicant bank is also entitled to proceed against} personal properties of the defendants (Both movable and immovable) and also^proceed against the defendants^personally to recover the duesⁱⁿ accordance^{with law.}

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(5)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms^of ludgement for issuance of the same against defendants^{in favour of theapplicantbank} 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 Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld. Registrar of thrs Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant^{in favour of theAppllcant} Bank under Section 19⁽²²⁾ of the Recovery of Debts due to the^{Bank and Financial} Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy^{Act, 1993.}

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(B)The parties are directed to appear before the Recovery officer on 06/06/2024 for^further action in accordance with law in the event the entire amount^{is not paidby the saiddate.}

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Accordingly, the Original Application being^{O A. No, 695 of 2023is allowedandstands} disposed of.

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Copy of the Judgement/Final^{order be uploaded in the Tribunal's website.} File is consigned to the Record^Room

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(Dictated to steno, transcribed by her, corrected,^{signed and} pronounced by me in the open Court on the^{6th day} ot May, 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.695 of 2023 Canara Bank Vs. Vs. Mahammadul
Date of Order Order with signature
Order No.O5 Order pronounced (vide separate sheets).
ot.06105 / 2024
ln the result, O.A. No. 695 of 2023 is allowed with casts.
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT 3, Kolkata
ss

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Canara Bank Vs. Vs. Mahammadul Hassan

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

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CaseNo.O.A./	695/2023 CanaraBankVs.MahammadulHassan
Date of Order	Orderwithsignature
OrderNo,04 pt.24/04t2024	Presenti. ForApplicant:Ld.AdvocateAmitGrrpta ForDefendants:None
ss	TheRegistryhasissued noticetotheDefendantinterms of orderpassedbythisTribunal.Defendanthasnotturnedup despitethe factthatthenotices have been serveduponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematterispending since2023,Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed, TheOAproceedsfor ex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder, Applicant may filewrittennotes of arguments. fo06/05/2024fotordet.
	(KamalDe) Presiding Officer DRT-3, Kolkata

Canara Bank v. Mahammadul Hassan

Case brief

What is this about?

What did the court decide?

Canara Bank v. Mahammadul Hassan

Case brief

What is this about?

What did the court decide?

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