The Debt Recovery Tribunal allowed the Original Application filed by IDBI Bank Ltd. in default of the respondent, determining the debt and directing issuance of a recovery certificate for the outstanding loan amount with interest.
Recovery certificate to be issued for Rs. 26,80,939/- with future interest; debtor debarred from disposing of properties until recovery.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLXATA PRESENT: -sRI I(AMAL oE.
PRESIDING OFFICER.
O.A. No. a3 OF 2023.
DATE OF DELMRY OF OROER : Ot/O1 / 2024
1?-B-r.?"lkLtd., a company incorporatedand registered under Companres Act, 1956 (1 of 1956) and a Banking Company within the meaning of Secton i 1c ; of tne Banking Regulation Act, 1949 (10 of 1949) and f,uutng it, n-"9irtur"i-Ofiice at toat ]:T.f.ltccomptexcuffe parade, Mumbai 4oooos a;d h"";;;i;"i; isiinar orfi.. at IDBI Bank, IDBI House,44, Shakespeare Sarani,3.d Ftoor, IDBI House, p.S_ Shakespeare branches one of the Sarani, branch Kolkata-7OOOl7, at IDBI Ba carrying on ,t, Orr,nur, -,i.*ln ,ur,ow AC-32, Badisha Apartment, o.uru,,u :llLtd' Retarl Asset centre' Kestopur,1'r Foor, P s.- Basu,harr, Korkata 7oo1o1, within the jurisdiction "r,n,,[".T];rl]innapur,
Applcant Bank.
-Versus-
l
Defendant
Counsel for the Applicant Bankr _
Gunja Pachisia, Advocate,
Set ex-parte on 19/06/2024
JUDGEMENT
The Appticant Bank examrned 9 docl through sn Kingshuk Kumar Guha, Assistant Generar Manager -"*"0 ". a-n,onliments 'rnexure-A-1 to Exhibjt Annexure_A_9.
Heard the Ld. Counsel for the Apphcant Bank.
Whether the Applicant Bank is entiued to the ctaim made in the OA against the Defendants and OA schedule properties as prayed for?
In the resurt, the present originar Apprication is a[owed ex-parte wath costs, as under:,
ORDEB
J
Accordrngry, the originar Apprrcatron being o.A. No. 83 0f 2023 is aIowed and stands drsposed of.
Copy of the Judgement/Frnal Order be uploaded in the Tribunat,s website. File rs consigned to the Record Roorn.
(Dictated tosteno, transcribed by her, corrected, signed and pronounced by me in the open coud on the li(day ol )uly, 2024)
( KAT4AL DE-J-__PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
case No. OA No. 83 of 2023
IDBI Aank Ltd. Vs. Aianta Mitra
Date of Order
Order with signature
Qrdcr Na-85
pt.91.19f12924 Order pronounced (vide separate sheets).
In the result, O.A. No. 83 of 2023 is allowed with costs.
Recovery Certificate accordingty.
{ Kamal De )
Presidtng Officer
DRT-3, Kotkata
ss
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
Case No. O.A./83/ 2023
| CaseNo.O.A./ | 83/2023 IDBIBankLtd.Vs.AiantaMitra |
|---|---|
| DateofOrder | orderwithsignature |
| OrderNo.04 Dt.19/06/2024 |
Present:. |
| ForApplicant:Ld.Advocate GunjaPachisia ForDefendants:None |
|
| 5S | TheRegistryhasissued noticetotheDefendantjnterms of orderpassedby thisTribunal.Defendanthasnot turnedup despitethefactthatthenotices have been served uponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematterispending since2023.Hencerightavailabletosole DefendantforfilinqofW.S.andcounterevidenceistobe closed.Itisclosed.TheOAproceedsfor ex-parte.HeardtheLd Counselfor theApplicant.Reservedfororder. Applicant mayfilewnttennotesof arguments. ToOllO7/2024 fotoder. |
| (KamalDe) PresidingOfficer DRT-3, Kolkata |
2 issues framed by the court
Whether the Applicant Bank is entitled to the claim made in the Original Application against the defaulting Defendant?
Whether quantum of debt determined and recovery certificates to be issued under section 19 for recovery of dues?
1 provisions across 1 enactments
IDBI Bank Ltd.
AJantra Mitra
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
