Allowed

Central Bank of India v. Ms N R Enterprise and Ors.

DRT11 Jan 2024OA/92/2022

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Debts Recovery Tribunal allowed the applicant bank's original application for recovery of a debt. The court held the defendants jointly and severally liable for the dues, determined the debt amount, and directed the issuance of a recovery certificate.

What did the court decide?

Original application allowed; debt determined at Rs. 1,02,87,144.90/- with pendente lite and future interest; defendants debarred from alienating property; recovery certificate directed.

Central Bank of India versus Ms N R Enterprise and Ors. — Banking and Recovery | DRT (2024)

¶1

BEFORE THE^{DEBTS RECOVERY TRIBUNAL-IIIKOLKATA} PRESENT:^{-SRIKAMAL DE'}

¶2

PRESIDING OFFIC€R.

¶3

o,A' No. 92 0F^2022.

¶4

DATE OF DELIVERY^{OF ORDERI7IIOII2024}

¶5

Centrat Bank of^{India is a body corporateconstitutedunder the Banking} Companies^{(Acquisition and Transferof Undertakings)Act,1970, havingits zonal} Office at 33, N.5.^{Road,Kolkata-7OOOO1and amongst branchoffice inter-alia at Lake} To,^/n Branch, having address^{238, LakeTown,B Block, Kolkata-700089,District-} North 24 Parganas,^{WestBengal,within thejurisdaction of this Ld Tr'bunal}

¶6

Applicant Bank.

¶7

-Versus-

¶8

l4ls. N. R. Enterprise, having its office at latra Gachi, Ghuni, Hatiyara, Panchayat Bhawan, Kolkata-700157.

¶9

¶10

Md. Abu Bakkar, Son of Haque l4ohd. Ashel, (Proprietor of I4/s. N. R. Enterprise), having office at latra Gachi, Ghuni, Hatiyara, Panchayat Bhawan, Kolkata-700157 and having residence at Ghuni, Hatiyara, Police Station- New Town, Kolkata-700157,

¶11

Sri Housneara Begum, Wife of Md, AbuBakkar, having residence at Jatra Gachi^post Office- Ghuna, Hatiyara, Police Station- New Town, Kolkata-700157.

¶12

Defendants.

¶13

Counsel for the Appticant Bank: -

¶14

Anirban Majumder, Advocate, set ex-parte on a1/12/2023

¶15

]UDGEIVENT

¶16

The Applicant Bank filed the present O,A. being No, O.A.lg2/2O22 on 1B/O2/2O22 for recovery of a total sum of Rs. 1,02,87 ,144.90/- (Rupees one crore two lakh eighty seven thousand one hundred forty four and paisa ninety only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs,

¶17

2, The 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 01/1,2/2023, and heard ex-parte accordingly.

¶18

through Smt^{NabanitaChatterjee, senior}

¶19

1. The Applicant^{Bank examined18 documents} Branch l,lanager^{markedas Exhibit Annexure-A} to Exhibit^{Annexure-A-17.}

¶20

Heard the Ld. Counsel^{for the ApplicantBank}

¶21

The^point that^{arises for considerationis:}

¶22

to the claim made^{in the OA againstthe Defendants} Whether the Applicant^{Bank is entitled} and OA schedLlle^{propertiesas prayed} fot?

¶23

As stated supra, the^{Defendant remained absent and did not turn up to controvertthe} version of the O.A. of Applicant^{Bank The Evidence Aff'davitcoupled with the recitalsin the} documents viz., Exhibits^{Annexure-Ato Exhibit Annexure-A-17 marked on behalf of the} Applicant Bank, established^{the claim of the ApplicantBankagainstthe Defendants and OA} schedule^properties. Hence,^{I hold that the Defendants are jointly and severally liable to pay} to the Applicant Bank the claims^{madein the OA with future interest and costs'}

¶24

¶25

In the result, the^{present Original Applicationis allowed ex-parte with costs,as under:-}

¶26

ORDER

¶27

¶28

(1) O.A. No. 92 of 2022 filed by the Applicant Eank is allowed and debt is determined with 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, 1,O2,a7,A4.901'^(Rupees one crore two lakh eighty seven thousand one hundred forty four and^paisa ninety only) with^pendentelite and future interest @ 10.90^{o/o per} annum interest with simple on the amount due from the date of filing of the Original Application i.e. 1A/02/2022 till full and final realization of the claim amount.

¶29

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A, the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

¶30

(3) Defendants are debarred from disposing, al:enating or dealing with any of the properties belonginq to them till the aforesaid decretal debt is recovered from the defendants.

¶31

(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 case the defendants fail to pay the dues within the above mentioned time, the applicant 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 dues in accordance with law.

¶32

(5) Let the Certificate of Recovery be drawn Lrp by Ld. Registrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applicant bank

¶33

undersectionlg(22)oftheRecoveryofDebtsandBankruptcyAct,lgg3andputuPthe same for^{issuanceof the Certificate}

¶34

(6) Ld. Recovery^{officershaltreal'zethe amountas per the Recovery certificate from the} rlefendants^{in accordancewith law}

¶35

(7) Ld. Registrar^{of this Tribunal is directed to deliver recovery certificatein term of thefinal} order/judgement^{for recovery of the sum against the defendantin favourof the Applicant} Bank under^{Section19 (22) of the Recovery of Debts due to the Bank andFinancial} Institutions^{Act, 1993 now known as Recoveryof Debtsand BankruptcyAct' 1993}

¶36

to appear^{before the Recovery Ofticer on1310212024for further}

¶37

(8) The Parties are^directed law in the event^{the entire amount is not paid by the said date}

¶38

action in accordance^with

¶39

Accordingly,^{the original Applicationbeing o A' No 92 of 2022 is allowedand stands} disposed of.

¶40

Copy of the^{ludgement/FinalOrderbe uploaded in theTribunal's website'} File is consigned^{to the Record Room'}

¶41

IDr.tated to steno, transcribed^{by her, corrected,slgnedand} ;;;;;;;.J^{;y mJ in theopenCourton this the I l'\ dav} of )anua(y, 2024)

¶42

aer"rAi^DE-I-

¶43

PRESIDING^OFFICER,

¶44

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

¶45

caseNo.oA^No	6.trrEnkofIndia^{vs.I'tls.l,,l.n. Enterprise& Ors'} ^.92of2022
DateofOrder	Orderwithsignature
OrderNo. Dt.71/O1/2024	Order^{pronounced (vide separate sheets).}
	In theresult. O.A.^{No.92ot2022 isallowedwithcostslssue} Recoverycertificateaccordingly.
	(KamalDe) PresidingOfficer DRT-3, Kolkata

Central Bank of India v. Ms N R Enterprise and Ors.

Case brief

What is this about?

What did the court decide?

Central Bank of India v. Ms N R Enterprise and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indian Bank versus Sharma Enterprise and Ors.

Punjab National Bank versus Smt Kusum Devi Sharma and Anr.

Punjab National Bank versus Ms Nur Fish Food Centre and Anr.

State Bank of India versus Deepak Prasad Srivastav

Uco Bank versus Pradip Bose

Uco Bank versus Pradip Bose and Anr.