Allowed

Union Bank of India v. Ms Baba Biswanath Transport and Ors.

DRT25 Feb 2025OA/284/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte application by Union Bank of India for recovery of a loan amount from the defendants who failed to appear. The bank is directed to recover Rs. 27.15 lakhs with interest and costs.

What did the court decide?

Recovery of Rs. 27,15,179.41 with pendentelite and future interest at 12.25% per annum; injunction against disposal of property; sale of secured assets if dues remain unpaid within thirty days; issuan

Union Bank of India versus Ms Baba Biswanath Transport and Ors. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-ItI KOLKATA

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PRESENTT -SRI KAMAL DE.

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PRESIDING OFFICER.

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O,A. No, 2a4 OF 2024.

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DATE OF DELMRY OF ORDER | 25/O2/2025

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Union Bank of tndia is a body corporate constituted under the provisions of the Bankang Companies (Acquisitaon and Transfer of Undertakings) Act, 1970, carryrng on business through its various branches. including one at Behala Branch, 250 Diamond Harbour Road, South 24 parganas, Kolkata, p,S. Tharkurpukur, West Bengal, Pin- 700063 and also at ARB Kotkata, 14l18, Ezra Street, Kotkata-7OOOO1, within the jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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-Versus-

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l4ls. Baba Biswanath Transport, represented by its Proprietor Shri Indrajit Banerjee. 2511 Sahid Khudiram Basu Road, Nandanpur, P.O. & P.S. Budge Budge, Kolkata700137, District- South 24 Parganas;

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lndrajit Bane.le€, s/o Prasanta Kumar Banerjee IPAN^{NO, AFUPB6S3BG].} 25l1 Sahid Khudiram Basu Road, Nandanpur, P.O. & P.S. Budge Budge, Kotkata700137, District- South 24^parganas;

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Indira Banerjee, w/o Prasanta Kumar Banerjee 25l1 Sahld Khudaram Basu Road, Nandanpur, P.O. & P.S. Budge Budge, Kolkata700137, District- South 24 parganas.

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Defendants.

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Counsel for the Applicant Bank: -

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Soumalya Ganguli, Advocate,

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Set ex-parte on 31lO/2025

JUDGEMENT

The Applicant Bank filed the present o.A. being No. o.A./2a4/2024 on 25/04/2024 fol recovery of a total sum of Rs, 27,15,17a.4!- (Rupees twenty seven rakh rifteen thousand one hundred seventy eight and paisa forty one only) from the Defendants towards SOD (RE) to Contractors (Enhancement) Loan together with interest, cost and other usuat reliefs.

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The Defendants are served with summons. The defendants appeared but failed to file any w.s, There was no representation from the defendants subsequenfly and the case was fjxed for ex-parte hearing on 3t/Ot/2025, and heard ex_parte accordangly.

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The Applicant Bank examined 14 documents through Mr. AFt4 Nazmul Huq, Authorized Signatory marked as Exhibit Annexure-A to Exhibit Annexure_I.

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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 Applicant Eank is entifled 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 Defendants 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-I 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 joindy and severally liable 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 Original Application is allowed ex-parte with costs, as underi-

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ORDER

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(1) O.A. No. 2A4 ot 2024 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is enti ed to recover from the defendants the total amount to the tune of Rs,27,15,179,4L/- (Rupees twenty seven lakh fifteen thousand ohe hundred seventy eight and palsa forty one only) with pendentetite and future interest @ 12.25olo per annum interest with simple on the amount due from the date of filing of the Original Application i.e.25/04/2024 tifi fufi and finat reatization of the claim amount.

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(2) Amount, lf any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant 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 calculated on the reduced amount,

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(3) Defendants are debarred from disposing. alienating or dealing with any of the propertres belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a tlme of thirty days from the date of the Judgement/Final Order for repaying of the above mentaoned dues, so intimated to them. tn case the defendants fait to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank ls also entiued to proceed against personal properties of the defendants (Both movable and immovable) and also proceed agalnst 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 jn terms of Judgement for issuance of the same against defendants in favour of the applicant bank under Sectaon 19 (22) of the Recovery of Oebts and Bankruptcy Act, t99J and put up the same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall realtze the amount as per the Recovery Cer ficate from the defendants ln accordance with law

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(7)Ld. Registra. of thrs Tribunal is directed to dellve.' recovery cerflflcate in term of the finar orderludgement for recovery of the sum agalnst the defendant ln favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financiat Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993,

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(8)The parties are drrected to appear before the Recovery ofice( on 27/03/2025 for further action in accordance wlth law ln the event the enure amount is not pald by the said date.

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Accordingly, the Orlginal Application betng O.A. No. 284 of 2024 is allowed and stands disposed of.

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Copy of the ludgemenvFlnal Order be uploaded tn the Tribunal,s website. Flle is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, siqned and pronounced by me in the open Court on the 25ri day of February, 2025)

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( KAI4AL DE ) PRESIDING OFF]CFR

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

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Case No. OA No,284 of 2024 Union Bank of India
Vs,
M/s, Baba Biswanath Transport & Ors.
Date of Order order with signature
Order No.10 Order pronounced (vide separate sheets).
pr.25/42/2025
In the result, O.A. No. 284 of 2024 ls allowed with costs.
Recovery certlficate accordingly,
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss

Union Bank of India v. Ms Baba Biswanath Transport and Ors.

Case brief

What is this about?

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Union Bank of India v. Ms Baba Biswanath Transport and Ors.

Case brief

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What did the court decide?

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