The Debts Recovery Tribunal allowed an Original Application filed by IDBI Bank Limited ex-parte against non-appearing borrowers and guarantors for recovery of a home loan of Rs. 52.55 lakhs with future interest and costs under the RDB Act, 1993.
Recovery of Rs. 52,55,639.00 with pendent lite and future interest; issuance of Recovery Certificate.
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.
1
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLXATA
PRESENTi -SRl KAMAL DE.
PRESIDING OFFICER.
O.A. No. 10O of 2024
DATE OF DELIVERY OF ORDER I IIIO4I2025
IDBI Bank Limited, a company registered under the Companies Act, 1956, having corporate identification number L65190M H2004G01148838, holding a license to carry on business by the Reserve Bank of India and having its registered office at IDBI Tower, WTC Complex, Cuffe Parade, Mumbai-400005 and having their Branch office among other place IDBI Bank Ltd, Retail Recovery Branch, 1't Floor, E 1, Vedeocon Tower, lhandewalan Extension, New Delhi-110055, represented by.
... Applicant Bank.
-Versus-
-l
.. Defendants.
Counsel for the Applacant Bank:
Mr. Surajit Auddy, Advocate,
Set ex-parte on 03/04/2025
JUDGEMENT
The Applacant Bank filed thepresent O.A. being No. O.A./1O012O24 on 08/02/2024fot recovery of a total sum of Rs.52,55,639,00/-(Rupees Fifty-Two Lacs Fifty-FiveThousand Six Hundred and Thirty-Nine) only from the Defendants towardsHomeLoan together with interest, cost and other usual reliefs,
J I
Whether the Applicant Bank as enttled to the ctaim 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 version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-G marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Original Applacation is allowed ex-parte with costs, as under:_
OROER
Accordingly, the Originat Appljcation being O.A. No. 100 of 2024 is aflowed and stands disposed of.
Copy of the Judgement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room.
(Drctdted lo sieno, t.anscfibed by him, corre.ted, srqned anct pronounced by me tn the oDen ol ap|,2025;- ,,' ' '! vP!r' Lourlon the 1I'Fddy
( KAi4AL DE i PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
IDBI Bank Ltd. Vs, Ravi Singh Chauhan & Anr.
| CaseNo.OAN | o.1OOof 2024 | IDBIBank Ltd.Vs, RaviSingh Cha |
|---|---|---|
| DateofOrder | Orderwithsignature | |
| OrderNo.11 Dt.tL/04t2025 |
Order pronounced | (vide separate sheets). |
| sh | lntheresult,O.A. RecoveryCertificat |
No.100of2024is allowedwithcosts. Issue e accordingly. |
| rxurn-ird"i" PresidingOfficer DRT-3,Kolkata |
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
1 provisions across 1 enactments
IDBI Bank Limited
Ravi Singh Chauhan
Mounthill Realty Pvt. Ltd
Kamala De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
