Allowed

Canara Bank v. Ms Sathi Bastralaya and Anr.

DRT9 Jun 2025OA/130/2024

Case brief

AI extract

What is this about?

The Tribunal allowed an ex-parte application filed by a bank for recovery of a debt. In the absence of the defendants, evidence was accepted establishing the claim. The bank was granted permission to recover the dues with interest and was directed to issue a recovery certificate.

What did the court decide?

Recovery of Rs 40,27,726.40 with pending interest at 14% per annum; bar on disposal of properties; certificate of recovery issued under RDBA, 1993.

Canara Bank versus Ms Sathi Bastralaya and Anr. — Contract and Commercial Disputes | DRT (2025)

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BEF'OR"E THE DEBTS REOOVERY TRIBUTAL.ITI XOLI(ATA PRESE T:^.SRI XAllAL DI.

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PRESIDIT{G OFFICIR.

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O,A. l3O ot 2O2a

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DATE OF DELMRY OF oRDIR : 0910612023

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Crn.r. B.nk, a body corporate constltuted und€r the Banklng Companles (Acqulsltlon and Tr.nsfer of Undertaklngs) Act, 1970, as amended by the Banklng laws (Amendment) Act, 1985 havlng lts Head Ofrlce at 112, Jayachamarajendra Road, Bangalore-560002 and havlng a Br.nch Offlce amongst other places at Barulpur Branch, Shlbanl tlahal, Kulpi Road, P.O. & P.S. Barulpur, Kolkata-700144 wlthln the Jurldlctlon of thls Trlbunal,

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... Appllcant Bank

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-Versus-

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H,rr. Srthl B.rtr.lry., Prop. Sujauddh Molla, Vlll.-Palmerhat, P.O.-Dakshln Sarasat, Dlst.-South 24 Parganas-743372.

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Abdul l,l.nn.n ,lolla, S/o Late Chakat Molla, Vlll.-Palmerhat, P.O.-Dakshln Barasat, Dlst.-South 24 Patg.nas-743372,

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,., Defendants.

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For the Appllcrnt Bank: Mr. Arya Banerjee, Ld. Advocate

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For the Defendant None

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Set ex-parte on 16/0512025

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JUDGEMENT

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The Appllcant Bank filed the present O.A. being No. O.A. 130 ol 2024 on 2AlO2/2024 lor recovery of a total sum ot Ps, 40,27,726.401- (Rupees Forty Lakh Twenty Seven Thousand Seven Hundred Twenty Slx and Forty Palse only) from the Oefendants towards Cash Credlt together with interest, cost and other usual rellefs.

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2, The Oefendants are served wlth summons. The defendants dld not appear, as there tvas no representation from the defendants, the case was fixed for ex-parte hearlng on 16105/2025, and heard ex-parte accordlngly.

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The Appllcant Bank examlned 06 documents through Srl Uday Bhanu Banerjee, Senlor Manager, ma.ked as Exhlblt Annexure-A to Exhiblt Annexure-F.

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4, Heard the Ld, Counsel for the Appllcant Bank.

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The polnt that arises for cgnslderatlon ls :

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Whether the Appllcant Bank ls entltled to the clalm made ln the OA agalnst the Oefendants and OA schedule propertles as prayed for?

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As stated supra, the Oefendants remalned absent and did not turn up to controvert the verslon of the O.A. of Appltcant Bank. The Evidence Affldavtt coupled wtth the recitals In the documents viz., Exhlblts Annexure-A to Exhtbit Annexu.e-F marked on behalf of the Applicant Bank, estabflshed the crarm of the Appficant Bank agarnst the Defendants and oA schedule propertles. Hence, I hold that the Defendants are Jotnfly and severally ltable to pay to the Appltcant Bank the clatms made tn the OA wlth future lnte.est and costs.

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In the result, the present Orlgtnal Applicaflon ts allowed ex-parte wlth costs, as under:_

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ORDER

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(1) O.A. 130 of 2024 flled by the Applicant Bank is allowed and debt ts determined with cost agatnst the defendants. It ts hereby ordered that Appllcant Bank ls entiued to recover from the defendants the total amount to the tune of Rs, 4Op7126,4Ol_ (Rupees Forty Lakh Twenty Seven Thousand Seven Hundred Twenty Stx and Forty patse only) with pendente lite and future rnterest @ 14qo per annum rnterest wrth srmpre on the amount due from the date of fillng of the Ortginal Appticaflon l.e. 28/02/2024 flll full and flnat realizaUon of the clalm amount.

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(2) Amount, if any, paid by the defendants ln the loan accounts or amount, if any, recovered by the Appticant Bank after f ing of the O.A. the same be taken tnto account white arrtvlng at the exact amount of dues/debt payable by the defendants. Accordlngty, pendente ltte and future tnte.est shall be calculated on the reduced amgunt.

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(3) Defendants are debarred from dlsposing, alienaflng or deallng wlth any of the properfles belongtng to them ull the aforesatd decretal debt ts recovered fiom the defendants.

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(4) Defendants are gtven a time of thlrty days from the date of the JudgmenvFinal order for

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repaying of the above mentione i dues' so lntlmated to them' In case the defendants fail to pay the dues wtthin the above dues by sare or secured """"",':,":T"t^il:j[::l'::":,j"J:;":,:::1j:"f;:":: personal prope. es of the defe aea,nst the derendan* ,,,;l:l:#:rH::'; ::."ff:","":r"r, -o "r,o^p.."",

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(5) Let the Certiflcate of Recovery be drawn up by Ld. Regtstrar forthwlth tn terms of Judgment for 19 (22) issuance of the of the Recovery same of agatnst Debts defendants in farou, of tf,e afpf,-* ** under Sec on and Bankruptcy Act, 1993 and put up the same for

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tssuance of the cer ficate.

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(6) Ld. Recovery Officer shall realtz( ,n" "roun, as per the Recovery certificate from the

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defendants tn accordance with ,",r:

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(7) Ld. Registrar of thts Trtbunat is dt to dellver recovery ceftlflcate ln term of the final

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ordey'judgment for recovery o, ,r]'"o"0 e sum agatnst the defendants ln favour of the Applicant

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Bank under section 19(22) of the Recovery of Debts due to the Bank and Frnancrar Institutlons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993,

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(8) The parties are dtrected to appear before the Recovery Otrtcer on LO/O7IZO25 for further action ln accordance wtth law ln the event the enflre amount ts not patd by the sald date.

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Accordlngly, the Origlnal Appltcaflon betng O.A, No. 130 of 2024 ls allowed and stands disposed of.

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Copy of the JudgmenvFtnal O.der be uploaded in the Trtbunat,s webstte. File is consigned to the Record Room.

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(Djctated to,steno, transcrtbed by hirn, corrected, stgned anc, the open court on the e^{-eil --} y:::::'r".trll '" "

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( KAMAL DE ) PRESIDING OFFICER,

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

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o.a. r3o oJ ZOzt'
Order No.0G
ot.o9 t 06t2025 Order pronounced (vtde separate sheets).
mb
In the result, O,A. 130 of 2024 ts allowed wlth c6sts. Issue
Recovery Cerufl cate accordlngly.

Canara Bank v. Ms Sathi Bastralaya and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms Sathi Bastralaya and Anr.

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

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Case details

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