Allowed

Canara Bank v. Tapan Kumar Bhowmik

DRT21 Mar 2025OA/322/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte claim by Canara Bank for recovery of a housing loan default amounting to approximately Rs. 47.20 lakh plus interest and costs against the defendant, who remained absent. The court directed the issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 47,20,704.52 with interest and costs; issuance of Recovery Certificate under Section 19(22) of RD&BA Act, 1993; debarment from alienating properties.

Canara Bank versus Tapan Kumar Bhowmik — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-III KOLKATA PRESENT: -SRt KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 322 OF 2024.

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DATE OF DELIVERY oF ORDER | 2L/03/2O2s

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Canara Bank is a body Corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, .1.C. Road, Bangalore- 560002, and carrying on business inter alia, at the Satt Lake Branch at GC-152, Sector- III, Salt Lake, North 24 parganas, p.S.- Bidhannagar, Kolkata-700106, wathin the iurisdiction of this Ld. Tribunal.

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Applicant Bank.

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-Versus-

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Tapan Kumar Bhowmik,

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a) Harendra Narayan Road, Ward No. 14, Cooch-Behar, West Bengal, 736101. b) Flat No. 14, 1't Floor, Ashirwad Apartment, premjses No. 493; Hossenpur, p.S. Anandapur, Kolkata-700107.

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Defendant.

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Counsel for the Applicant Eank: -

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Subhadip Basu, Advocate, Set ex-parte on 03/03/202s

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IUDGEMENT

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The Applicant Bank filed the present O.A. being No. 0,A./322/2024 on 1O/OS/2024 for recovery of a total sum of Rs. 47,20,-704,52l- (Rupees forty seven lakh twenty thousand seven hundred four and paisa flfty two only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs,

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The Defendants are served with summons. The defendants did not aPpear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 03103/2025, and heard ex-parte accordlngly,

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The Applicant Bank examined 17 documents through Sri Biswanath pratap Mishra, Chref Manager marked as Exhibat Annexure-A-1 to Exhibit Annexure-A-13.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for considerauon is :

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Whether the Appticant Bank 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 Defendant remalned absent and did not turn up to controvert the version of the o.A, of Applicant Bank. The Evidence Affidavit coupled with the rec,tars in the documents viz., Exhibits Annexure-A-1 to Exhibit Annexure_A_13 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule propertaes, Hence, I hold that the Defendants are jotnuy and severa y 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 orrginar Apprication is a owed ex-parte with costs, as under:_

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ORDER

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(1) O.A. No. 322 of 2024 fited by the Applicant Bank is a owed and debt is determined wath cost against the defendants. It is hereby ordered that applacant bank as entifled to recover from the defendants the total amount to the tune of Rs, 47,20,704.52/- (Rupees forty seven takh twenty thousand seven hundred four and paisa fifty two only) with pendentelite and future interest @ 8.90o/o per annum interest with simple on the amount due from the date of filing of the Originat Apptication i.e. 1O/OS/2024 till tufl and final realization of the ctaim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Apptjcant Bank after filing of the O.A. the same be taken into account white arflving 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 wath any of the properties belonging to them till the aforesaid clecretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the JudgemenvFinal Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the appricant bank is entifled to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed against personal properties of the defendants (Both movable and immovabte) 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 applicant bank

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

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same for issuance of the Certifrcate.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the

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defendants in accordance with law.

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(7)Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/iudgement 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 Financial Institutions 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 Ollicer on 2t/O4/202S 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 Ortgtnat Application being O.A. No. 322 of 2024 ts a owed and stands disposed of.

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Copy of the JudgemenVFlnal Order be upioaded in the Tribunal,s website. Fale is consigned to the Record Room.

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l?]:t^al:!-!o -steno,^{transcnbed by her, corrected,signedand} pronounced by me rn the open Court on the 2li dat ol'March, 2025)

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( KAMAL DE ) PRESIDING OFFICER,

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

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Case No. OA No. 322 of 2024 Canara Bank
Vs,
Tapan Kumar Bhowmik
Date of Order Order with signature
Order No.07
Order pronounced (vide separate sheets),
ot.2t 103 / 2025
In the result, O.A. No. 322 of 2024 ls allowed with costs. Issue
Recovery Certificate accordlngly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss

Canara Bank v. Tapan Kumar Bhowmik

Case brief

What is this about?

What did the court decide?

Canara Bank v. Tapan Kumar Bhowmik

Case brief

What is this about?

What did the court decide?

What the court decided

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