The Debts Recovery Tribunal allowed an ex-parte original application filed by Bank of India for recovery of a term loan amount of Rs. 80,08,860.44 along with interest and costs against the Defendants who failed to appear.
Recovery of Rs. 80,08,860.44 with future interest at 14% per annum; issuance of recovery certificate; debarment on disposal of properties.
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.
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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA PRESENT: -sRI KAMAL oE.
PRESIOING OFFICER.
O,A. No. 84 OF 2022.
DATE OF DELMRY OF ORDER I ta/O712024
Bank of India, a company incorporated under the Banking Companies (Acqutsrion and Transfer of Undertakings) Act, 1970 and having its iegistered office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra (East), tyumba'-4OOO51 and its branch office at Salt Lake Branch, 1't Floor, DD-2, Secior-f, Saft faf<e, Xof*ata_ 700064, P.S. Bidhannagar North, West Bengal, within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
-Versus-
Defendants.
Counsel for the Appticant Bank:
Aritra Kumar Roy, Advocate,
Set ex-parte on
10/o7/2024
JUDGEt4ENT
The Appticant Bank fited the present O.A. being No_ O.A184/2022 on t6/02/2022 fat recovery of a totat sum of Rs. 80,08,860.44l_ (Rupees eighty takh eight thousand eight hundred sixty and paisa forty four only) from the Defendants towards Term Loan tooether with interest, cost and other usual reliefs.
7_
)-
Whether the Applicant Bank is entiued to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
As stated supra, the Defendant remained absent and did not turn up to controvert the versaon of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-12 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 Defendants are jointly and severa y Irabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Original Application is a owed ex-parte with costs, as under:-
ORDER
Accordingly, the Original Applicauon being O.A. No. g4 of 2022 is a owed and stands disposed of.
Copy of the ludgemenvFinal Order be uploaded in the Tribunal,s website. File is consigned to the Record Room,
(Drctated to steno, transcribed by her, corrected, srgned and pronounced by me rn the open Court on fhe 18ih day of luly, 2024)
( KAMALbE ) - PRESIDING OFFICER,
Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin u atio n )
Case No. OA No. a4 of 2022 Bank of Indta vs. t't7!. n. tc Enginiiring a lir.
Date of Order Order with signature
Order No.07
Order pronounced (vide separate sheets).
ot.|a/ 07 / 2024
In the result, O.A. No. 84 of 2022 is allowed with costs. Issue
Recovery Certifi cate accordtngly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
5S
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
| caselo. o.n. | BankofIndiaVs.M/s.R.l(. EngineeringGlnr. /ec7-22 |
|---|---|
| Orderwithsignatu.e | |
| OrderNo.06 Dt,10to)/2024 |
Present:. |
| ForApplicant:Ld.AdvocateAritraKumarRoy ForDefendants;None |
|
| The Regtstryhasissued noticeto theDefendantinterms of orderpassedbythisTribunal.Defendanthasnot turnedup despitethe factthatthenotices have been serveduponthe Defendant. Applicant prayedforhearingof thecaseex-parte. Thematterispending since2022.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed,ltrsclosed, TheOAproceedsforex_parte. HeardtheLd CounselfortheApplacant. Reservedfororder. Applicant mayfilewrittennotesof arguments. 1o l8/O7/2024for otde., |
|
| (KamalDe) - PresidrngOfficer DRT-3, Kolkara |
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim against the Defendants and properties as prayed for?
1 provisions across 1 enactments
Bank of India
SRI Engineering
Nathmal Sarda
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
