Allowed

Bank of Baroda v. Smt Lakshmi Shah Das

DRT2 Jan 2025OA/216/2023

Case brief

AI extract

What is this about?

In an ex-parte debt recovery application, the Debts Recovery Tribunal allowed the bank's claim for term loans, personal loans, and overdraft dues totaling Rs. 38,19,579.05, determining the debt and ordering recovery with interest against the absent defendants.

What did the court decide?

Recovery of Rs. 38,19,579.05 plus future interest at 11.35% p.a., recovery certificate under Section 19(22) RDB Act, 1993.

Bank of Baroda versus Smt Lakshmi Shah Das — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT:^.SRI KAMAL DE.

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PRESIDING OFFICER.

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o,A. No, 216 0F 2023.

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DATE OF DELMRY OF OROER I O2lOll2.J25

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Bank of Baroda is a body corporate constatuted under the Banking Compantes (Acquisition and Transfer of Undertakings) Act, 1970. having its Registered Office at Mandvi, Baroda, Gujarat, India and a Branch amongst other places at A.M. Road Bhowanipore Branch, 109/D, Ashutosh tyukherjee Road, Bhowanipore, Kotkata 700025, West Bengal, Police Station- Bhowanipore, IFSC Code:- BARBODBBHOW, Email:- [email protected], I4obite No.- 8335035657, within the jurisdaction of this Ld. Tribunal.

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Applicant Bank.

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Smt. Lakshmi Shah (Das), pAN NO. BNFPS6O28B, proprietor of Fl/s. Joy Baba Lokenath Enterprise, Wife of Sri Sukhen Das,40, Murari Mohan l4itra Road, Agarpara, P.O.- Kamarhati, p.S.- Khardah, Kolkata-700058.

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A_nd. also _^{at:- SenBagan, Agarapara, Near panihatiMunicipality,Mahajati} Madhyapally More, Kolkata-700109

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tn9^also -1t1^{234,AgaryaraIliyas Road,Kamarhati, NearTetuttata Bus} Stand, Kolkata-700058

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And also at:- 41lK, Dharmatala Road, Kasba, Kolkata-700042.

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Defendant.

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Counsel for the Applicant Bank: -

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Manoj Kumar Sin9h, Advocate.

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Set ex-parte on t7/72/2024

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JUDGEMENT

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The Applicant Bank fited the present O.A. being No. 0.A./216/2023 on 26/0412023 for recovery of a total sum of Rs. 38,19,579.05/- (Rupees thirty eight lakh nineteen thousand five hundred seventy nine and paisa five only) from the Defendants towards Term Loan, Personal Loan and Overdraft facility together with interest, cost and other usuat reliefs.

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The Defendants are served wath summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex_parte hearing on 1,7 / 1212024, and heard ex-parte accordingly.

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The Applicant Bank examined 37 documents through Sri Anirban Samaddar, Chief Manager

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marked as Exhibit Annexure-A to Exhibit Annexure-A-3G.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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whether the Appricant Bank is entifled to the craim made in the oA against the Defendants and OA schedule properties as prayed for?

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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 an the documents viz.. Exhibits Annexure-A to Exhibat Annexure-A_36 marked on behatf 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 joinuy and severa y tiable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present originar Apprication is arowed ex-parte with costs, as under:-

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ORDER

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(1) o.A. No. 276 of 2023 fired by the Appricant Bank is alowed and debt is determined with cost agaanst the defendants. It is hereby ordered that applicant bank is entifled to recover from the defendants the total amolrnt to the tune of Rs. 3A,1g,S7g,O5/_ (Rupees thirty eight takh nineteen thousand five hundred seventy nine and paisa five only) wath pendentelite and future interest @ 11.35% per annum interest with simple on the amount due from the date of filing of the Original Applicatioh i.e. 26/04/2023 till full and final reatization of the claim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, af any, recovered by the Appljcant 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 calcutated on the reduced amount.

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(3) Defendants are debarred from disposang, atienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the ludgemenvFinal Order for repaying of the above mentioned dues, so intimated to them. In case the c,efendants fa to pay the dues within the above mentioned time, the applicant bank is entifled to recover its dues by sale of secured assets, if any, Applicant bank js also entided 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.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of

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ludgement for issuance of the same against defendants in favour of the appticant bank

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under Section 19 (22) ofthe Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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(6) Ld. Recovery officer sharr rearize the amount as per the Recovery certiricate from the defendants in accordance with law.

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(7) Ld. Registrar of this Tribunar is directed to deriver recovery certifrcate in term of the finar ordey'judgement for recovery of the sum against the defendant in favour of the Applicant Eank under section 19 (22) of the Recovery of Debts due to rhe Bank and Frnancrar lnstituttons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are directed to appear before the Recovery Ofticer on 03/0212025 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingry, the o.ginar Apprication being o.A. No. 216 0f 2023 is a|owed and stands disposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunal,s website Frle is constgned to the Record Room.

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(Dictated to steno, transcnbed by her, corrected, sjgned and pronounced by me in the open Court on the 2"d day of lanuary, 2025)

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( KAIYAL DE ) PRESIDING OFFICER,

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

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Case No. OA No, 216 of 2O-3 Bank of Baroda
Date of Order O.der with signature
order N0.08
Order pronounced (vide separate sheets),
ot.02/01/2025
In the result, O.A. No. 216 of 2023 is allowed with costs. Issue
Recovery Certifacate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata

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

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Case No-O.A,	/276/2023	BankofBaroda LakshmiShah(Das)
OateofOrder		Orderwithsignature
OrderNo.07 ot.17/ 12/2024	Prcient:.
	ForApplicant: ForDefendants:	Ld.Advocate Manoj KumarSingh None
ss	TheRegistryhas orderpassedby despitethe fact Defendant. Applic Thematteris pen thesole Defendan beclosed.Itis clo Counselfor theA To02/01/2025 fo	issued noticetotheOefendantinterms of thasTribunal.Defendanthasnotturnedup thatthenotices have been served upon the ant prayedforhearingofthecaseex-parte. dingsinceApril 2023.Hencerightavailableto tfor filing ofW.S.andcounterevidence isto sed. TheOA proceedsex-parte.HeardtheLd pplicant.Reservedfororder. rordet.
		(KamalDe) Presidinq Officer DRT-3,Kolkata

Bank of Baroda v. Smt Lakshmi Shah Das

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Smt Lakshmi Shah Das

Case brief

What is this about?

What did the court decide?

What the court decided

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