Allowed

Canara Bank v. Goutam Majumder

DRT20 Jan 2025OA/278/2023

Case brief

AI extract

What is this about?

The DRT-Kolkata, in an ex-parte proceeding, allowed Canara Bank's application for recovery of a debt totaling Rs. 21,13,723.93. The court held the defendant jointly and severally liable, granted decree for interest, and directed issuance of a recovery certificate.

What did the court decide?

Recovery certificate to be drawn up; defendants barred from disposing of properties; thirty-day grace period for repayment before sale of assets.

Canara Bank versus Goutam Majumder — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-tII KOLKATA PRESENT: -sRI xAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 27A OF 2023.

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DATE OF DELMRY OF ORDER | 2O/OL/2O25

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Cana.a Bank is a body Corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakings) Act, 1970, having its Head 6ffice at 112, .1.C. Road, Bangalore-560002, and having among others, a branch omce at Vi - Kamarthuba, Habra Bazaar, Jessore Road, Opp. Kalika Cinema, District North 24 Parganas, West Bengal743263, withjn the.jurisdiction of this Ld. Tribunat.

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Applicant Bank.

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-Versus-

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L Goutam MaJUmder, prop. of l4/s. Ivlaa Manasha Sabjr Bhander, Son ol Subal t',taJumder, ar Joygachr Municroat supermark"i j"vs".h;, HJ.",,";1.--Hao.a, 24 Patganas, West Bengal_743)63. ^o.tr,

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Defendant.

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Counsel for the Applicant Bankt _

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Amit Gupta, Advocate, Set ex-parte on 08/01/2025

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JUDGEMENT

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The Applicant Bank filed the present O.A. being No. O.A./27a/2O23 on 19/05/2023 fol recovery of a total sum of Rs_ 21,13,723.93/_ (Rupees twenty one lakh thirteen thousand seven hundred twenty three and paisa ninety three onry) from the Defendants towards Canara OCC Generat (Working Capjtal Limit) together with interest, cost and other usual retiefs,

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The Defendants are served with summons. Ihe defendants did not appear, representation from the defendants, the case was fixed for ex_parte hearing and heard ex-parte accordingly.

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as there was no on 08/01/2025,

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The Applicant Bank examined 13 do(

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Pharsuni chosh, Senior Manager marked as Exhibir Annexure-A t" ,,rJl;:::"tl::_'^'"isri

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration rs :

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Whether the Applicant Bank is entitled to the claim 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 in the documents viz., Exhibits Anneiure-A to Exhibit Annexure-A-12 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 severalty liable to pay to the Applicant Bank the claams made in the OA with futurc interest and costs.

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In the result, the present Original Applacation is allowed ex-parte with costs, as under:

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ORDER

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(1) o.A. No. 278 of 2023 frled by the Appricant Bank is aflowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune of Rs. 21,13,723.g3/_ (Rupees twenty one lakh thirteen thousand seven hundred twenty three and paisa ninety three only) with pendentelite and future interest @ g.90olo per annum interest with simple on the amount due from the date of fiting of the Original Application i.e. LI/OS/2O23 ti fult and finat realization of the claim amount.

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

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(3) Defendants are debarred from disposing, alienating 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 defendants fair to pay the dues within the above mentioned time, the appricant bank js entiued to recover its dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed a9ainst the defendants personally to rccover the dues in accordance with taw.

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

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the

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same for issuance of the Certificate.

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

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(7) Ld Registrar of this Tribunar is directed to deriver recovery certificate in term of the finar order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Financaar Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8) Ihe partjes are directed to appear before the Recovery Officer on 20/02/2025 for further

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action in accordance with law in the event the entire amount is not paid by the sajd date.

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the orieinat Apptication beins o.A. No. 278 of 2023 is a owed and stands

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::#:rjl

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Copy of the Judgement/Finat Order be uo'ouo"o in the Tribunal's website. File is consjgnect to the Record *oor.

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n"o u no ;?Jl"ff :"T ff T? liii:.:'i:f g,H".ilf :i* ol,f

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( KAMAL DF I^-.- pnesrotwc orrttrn

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.*rE..

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Debts Recovery Tribunat-3, Kotkata Order Sheet (Continuation)

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case No. OA No. 27a oi 2023
Canara Bank
Date of Order
O.der with signature
Order No.06
Dt,20to1t2025 Order pronounced (vide separate sheets).
In the resutt, O.A. No. 278 of 2023 is a owed with costs. lssue
Recovery Certificate accordingly.
Presidtng Officer
DRT-3, Kotkata

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

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Case No. O.A./ 27812023
Canara Bank
Date of Order I Order with signature
Order No.05
Present:,
Dt.08/01/2025
For Appticant : Ld. Advocate Amit cupta
For Defendants : None
The Registry has issued notice to the Defendant in terms of
order passed by this Tribunal. Defendant has not turned up
despjte the fact that the notices have been served upon the
Defendant. Appticant prayed for hear
rhe matter is penoine since r;r. ;il: il:=:TJ.:li:
firine of w.s, and counter evidence is to be
"r,::"^]r1,. "i
dosed. It -is ctosed. The oA proceeds "r r;";"" ,;" ;;
Counsel for the Applicant. Reserved for order.
Applicant may file written notes of arguments.
To 2O/OU2O2S tor ordet.
( Kamal De )
Presiding Om;er
DRT-3, Kotkata
_/

Canara Bank v. Goutam Majumder

Case brief

What is this about?

What did the court decide?

Canara Bank v. Goutam Majumder

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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