Allowed

Bank of India v. Ms Ruhini Rotopack

DRT11 Jun 2025OA/216/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed a bank recover application filed for dues of approximately Rs. 79.52 lakh against defendant proprietor and proprietorship concern, declaring them jointly liable and directing issuance of a recovery certificate under RBI Act provisions.

What did the court decide?

Claim allowed with cost; Defendants jointly and severally liable to pay Rs.79.52 lakh plus interest; Recovery certificate directed to be issued.

Bank of India versus Ms Ruhini Rotopack — Insolvency and Bankruptcy | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O.A. No. 216 of 2022

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DATE OF DELIVERY OF ORDER : 11^th June,2025

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Bank Of India , a body corporate incorporated under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 and having its registered office at Star House, C-5, G Block, Bandra Kurla Complex, Bandra (East), Mumbai – 400051 and one of its branch office at Bowbazar Branch, 167C, B. B. Ganguly Street, Kolkata – 700012, West Bengal, P.S. Muchipara, West Bengal.

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.............APPLICANT

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 versus –

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M/s. Ruhini Rotopack, a proprietorship concern, having its registered office at B/132/H/28, Dr. Suresh Chandra Banerjee Road, Beliaghata, Kolkata – 700010.

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Sri Sanjoy Saha, proprietor of M/s. Ruhini Rotopack, (PAN No. BGEPS3337M) having office at B/132/H/28, Dr. Suresh Chandra Banerjee Road, Beliaghata, Kolkata – 700010.

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...........DEFENDANTS

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Counsel for the Applicant Bank : Mr. A. K. Roy.

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Counsel for the Defendants : None appears.

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Set ex-parte on 21.3.2025.

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J U D G M E N T

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The present Recovery Application is filed by the Bank of India, nationalized Bank carrying on business of Banking all over India including from its Branch Office at Bowbazar Branch, 167C, B. B. Ganguly Street, Kolkata – 700012, P.S. Muchipara, for recovery of Rs.79,52,899.11p., with interest @ 11.65% p.a. with monthly rest from 1.4.2022 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/ mortgager.

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The service of summons was effected upon the Defendants in usual mode of postal service.. Despite giving sufficient time, the Defendants

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Rina S.

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neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared exparte on 21.3.2025.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Ms. Wahida, Manager of the Bank, annexing the various documents which are exhibited.

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I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost.

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In the above circumstances it is ordered :

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O R D E R

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i) Claim of the Applicants is allowed with cost.

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ii) The Defendants are jointly and severally liable to pay Rs.79,52,899.11p., with interest @ 11.65% p.a. with monthly rest from 1.4.2022 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule - I in the OA at page 31.

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iv) Let, a certificate be issued accordingly.

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v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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vii) The parties are directed to appear before the Recovery Officer -II on 14/07/2025 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O.A. No. 216 of

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Rina S.

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2022 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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File be consigned to the Record Room.

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(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 11^th June,2025)

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Place : Kolkata ( Ambuja Mohan Das ) Date : 11^th June,2025 Presiding Officer

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Rina S.

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Page No.-	Order Sheet (continuation)
Case No. OA	216 OF 2022 BANK OF INDIA – VS- RUHINI ROTOPACK & ANR.
Date of the order	Order with signature Office action with date and dated signature of parties when necessary
11^th June,2025	Ld. Advocate, Mr. A. K. Roy, appeared for the Applicant Bank. None is present on behalf of the Defendants. Matter was heard in open Court on 21.3.2025. The detailed order in three pages annexed separately. The gist of the order is as follows: O R D E R i)Claim of the Applicants is allowed with cost.
	ii)The Defendants are jointly and severally liable to pay Rs.79,52,899.11p., with interest @ 11.65% p.a. with monthly rest from 1.4.2022 against the Defendants till payment or realization. iii)It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule - I in the OA at page 31. iv)Let, a certificate be issued accordingly. v)Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi)Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer-II on 14/07/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No. 216 of 2022 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 11^th June,2025)
	Place : Kolkata (Ambuja Mohan Das) Date: 11^th June,2025Presiding Officer

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Rina S.

Bank of India v. Ms Ruhini Rotopack

Case brief

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Bank of India v. Ms Ruhini Rotopack

Case brief

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