Allowed

Bank of India v. Ms Purna Laxmi Design Creation and Ors.

DRT11 Nov 2024OA/80/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal, Kolkata allowed exon-parte Application No.80 of 2023. The Tribunal held that evidence established the Applicant Bank's claim for a Cash Credit and Term Loan against the Defendants. The application was allowed with costs, and a recovery certificate was directed to be issued.

What did the court decide?

Permission to recover total amount of Rs. 47,75,555.56 with pending and future interest and costs; issuance of recovery certificate; bar on dealing with properties; time limit for repayment.

Bank of India versus Ms Purna Laxmi Design Creation and Ors. — Banking and Recovery | DRT (2024)

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BEFORE THE^{DEBTS RECOVERY TRIBUNAL'IIIKOLKATA} PRESENTI -SRI^KAMALDE.

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PRESIDING OFFICER.

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o.a. No. a0 0F^2023.

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DATE OF DELIVERY^{oF oRDER: lll''ll2o24}

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Sank of rndia, a^{body corporateconstituted undertheBankingCompanies} fulquisition^{and Transferof Undertakings) Act, 1970 and havingits Head office at} 'istar House", c-5,^{Blockrc',Bandra Kurla Complex, Bandra(East)' l4umbai-400051} uiJ cur.ying on^{business at and from its Branchesamongstothers at P'o} t"ticnaetnagai, P.S.^{AirPort,Michaelnagar, Distr'ct- 24Parganas(North)' Kolkata-} ZOOI::, w".t^{Bengal, commonlyknown as Bank of India,Michaelnagar Branch'} withan the^{jurisdictionof this Ld. Tribunal'}

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Applicant Bank.

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-Versus-

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Saha)

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1. M/s. Purna Laxmi Design^{Creation(Proprietorshrpbusrness-"of Smt} -Madn'rri irrining l,u. but'n"..^{fr5m No.'F', 52 Nalta Mahaiatr Road,1'r Floor' 2' No Bv Lane'} Dum Dum Cantonment,^{Kolkata-700028}

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Madhuri Saha, Wo Sri^{AmitKumar Saha, residing at No 'F'.52 Nalta MahajatiRoad'} r'iitoor, z, t'lo. dy^{Lane, Dum Dum cantonment, Kolkata-700028'}

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Sri Amit Kumar^{Saha, S/o Sunil Kumar Saha,residing at No 'Fl,} ?^{NaltaMahaiati} noua, r;tffoo,,2,^{No. By Lane,Dum Dum Cantonment, Kolkata-700028'}

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Defendants.

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Counsel for the^{APP|icant Bank:}

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Dipak Kumar^{Banerjee,Advocate,}

Set ex_Parte on

0a1t012024

JUDGEMENT

The Appllcant Bank^{filedthe present o.A, being No o'A/80/2023on o!o2l2i23tor} recovery of a total^{sum of Rs. 41,18,75556/- (Rupeesforty one lakh eighteenthousand} seven hundred^{flfty five andpaisa fifty six only)from the DefendantstowardsCashCredit} and GECL Term Loan^{together with interest, cost andotherusual reliefs'}

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TheDefendantsareservedwithsummons.Thedefendantjappearedbutfailedtofileany w.s. There was no representation^{from the defendants subsequently and the case wasfixed} for ex-parte hearing on^{Oal1.O/2O24,and heard ex-parte accordingly'}

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The Applicant Bank^examined 31 documents through^{Sri Kartick Sardar, ChiefManager} marked as Exhibit Annexure-A-1 to Exhibit Annexure-A-31.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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whether the Applicant Bank is entifled 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 verslon of the o.A. of Appricant Bank. The Evidence Affldavit coupled with the recitars in the documents viz., Exhtbits Annexure_A_1 to Exhibit Annexure_A_31 marked on behalf of the Applicant Bank, estabtished the ctaim of the Appticant Bank against the Defendants and OA schedule properues. Hence, I hold that the Defendants are joinfly and severafly liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the resurt, the present originar Apprication is alowed ex_parte with costs, as under:-

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ORDER

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(1) O,A. No. 80 of 2023 fited by the Applicant Bank is alowed and debt as determined with cost against the defendants. It is hereby ordered that applicant bank is entifled to recover from

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the defendants the total a rmount to the tune of Rs 47'7a'755'56/- (Rupees forty one lakh

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J eighteen thousand seven flfty five and paisa fifty six only) with pendentelite and

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tuture interest rr.rr*n'not"o "

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amount.or n ne or the ".r,-, ^rJ,iJ"ill',: ::XHiffi::H[J:]:i:il:::::

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(2) Amount, if any, paid by the defendants in the loan accounts or a r ",^{mount,ifany,iecoveredby}

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the Applicant Eank after rirln" "r,r.. . ^ ;-:.:--::":,: the exact amount ",^{.,"";;:;'J;;ilT"jl*::::;:ffiil,;:ffJ:"7}

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future interest shall be calculated on the recruced amount.

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(3) Defendants are debarrcd fr disposing' alienating or dealing wlth any of the properties

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belonging to them,[ the afi )resald decretal debt is recovered from the defendants.

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(4) Defendants are given a tim( o' 'n'' days from the date of the ludgemenvFinal order for

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repaying 0f the abov" ,"n,, dues' so lntlmated to them' In case the defendants fail to

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pay the dues within the abo t"nt'on"o time, the applicant bank is enti,ed to recover its

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dues by sale of secu.ed ".,'" persona propert es " *. ;;:":::,:::; fl:::,::.",ffH::,.:jJ::""r;:::: against the defendants personally to recover the dues in accordance wittr taw.

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(5)Let the Certificate of Reco rj-r""::,,j",::r::."Tr;H.rfiil,:J":""..T":;

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rudeement ror issuance ".i:""":"" under Section 19 (22) of the or Debts and Bankruptcy Act, te93 and put up the

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same for issuance of,n" aun,l,IlJ.,

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(6)Ld. Recovery Office. shall realize the amount as per the Recovery certificate from the defendants in accordance with law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final ordey'judgement for recovery of the sum agarnst the defendant in favour of the App[cant Bank under Section 19 (22) of the Recovery of Oebts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The pa.ties are directed to appear before the Recovery Officet on LL/12/2O24 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingry, the originar Apprication being o.A. No. 80 of 2023 is aflowed and stands disposed of.

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Copy of the JudgemenvFinat Order be uptoaded in the T.ibunat,s webstte. File is consigned to the Record Room.

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(Dictated to.steno, transcnbed by her, corrected, stgnect and pronounced by_me h the open Court on the I t,h dat oi November, 2024)

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( KAT4AL DE ) PRESIDING OFFICER.

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

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Case No. OA No. aO of 2023 Bank of India
Vs.
M/s. Purna Laxmi Design Creation & Ors.
Date of Order Order with signature
Order No.05 Order pronounced (vide separate sheets).
pt.11t 1| 2024
In the result, O.A. No. 80 of 2023 is allowed with costs. Issue
Recovery certificate accordinqly.
( Kamal De )
Presiding Offlcer
DRT-3, Kolkata
ss

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-aa_4

Bank of India v. Ms Purna Laxmi Design Creation and Ors.

Case brief

What is this about?

What did the court decide?

Bank of India v. Ms Purna Laxmi Design Creation and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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