The Tribunal set aside the ex-parte hearing due to procedural irregularity, noting the defendants were served summons but did not appear, subsequently determined the debt claim ex-parte, and directed issuance of recovery certificate under the RDB Act 1993.
Recovery certificate to be issued for Rs. 40,31,404/- along with future interest and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
BEFORE THE DEBTS RECOVERY TRIBUNAL-IIIKOLKATA
PRESENT: -SRI KAIi.IAL DE
PRESIDING OFFICER
O.A. 345 of 2023
DATE OF DELTVERY OF ORDER I2IIO5I2O25
tDBt Bank Limited., aCompany incorporatedand reqistered underthe Companies Act, 1956(1 of1956) and a BankangComPanywithinthe meaning of Section 5( c) of the BankingRegulation Act, 1949 (10 of 1949) and having ats Registered Office at IDBITower,WTCComplex, CuffeParade,Mumbai- 4OOOO5, and having its regional officeat IDBI Bank, PrinceAnwar ShahRoad Branch, "Multicon Estelle"1'5t Floor, 5OA,Prince Anwar ShahRoad, Kolkata- 7OOO33, West Bengalwithin the Jurisdictaonof this LearnedTribunal.
... Applicant Bank.
-Versus-
J
... Defendants.
For the Applicant(s) : Ms. Gunja Pachisia, Ld. Advocate For the Defendant(s) : None
Set exparte on 07/0512025
JUDGEMENT
Whether the applicant Bank is enflfled to the claim made in the OA against the defendants and OA schedule properties as prayed for?
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 vlz., Exhibats Annexure.A-l to Annexure-A-l3 marked on behalf of the appticant Bank, established the claim of the applicant Bank against the defendants and OA schedule properties. Hence, I hold that the defendants are joinUy and severaly riabre to pay to the appricant Bank the craims made rn the oA with future interest and costs.
ORDER
J
3
Bank under Section 19(22)of theRecoveryof Debts andBankruptcyAct, 1993and put up the same for issuance of the Certificate
Accordingly,the Original Applicationbeing O ANo 345 of 2023 is allowedand stands disPosedof.
Copy of the JudgmenvFinalOrder be uploaded in theTrlbunal's website'
File is consignedto the Record Room'
(Dictaled to sieno, transcribed byhim, corrected, signed and 'rr"""r*"0 W -L i" tn" open Court on thls the 21'! daY ot tlay' 2025)
( KAI4AL DE ) PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
| O.A.345of202 | 3 | IDBIBankLimited vs. Mrs.SonamBhalotia&Ors. |
|---|---|---|
| DateofOrder | Orderwiths | ignature |
| OrderNo.08 pt.21/05/2025 mb |
Orderpronounced(vldeseparate Intheresult, O,A.345of2023 RecoveryCertlflcate accordingly. |
sheets). isallowedwlthcosts.Issue |
| (Kamal De) PresidingOfficer DRT-3, Kolkata |
3 issues framed by the court
Whether the applicant Bank is entitled to the claim made in the original application against the defendants and OA schedule properties?
Whether defendants are liable to pay the claims made in the OA with future interest and costs?
What relief is permissible for recovery of the decretal debt?
3 provisions across 3 enactments
IDBI Bank Limited
Mrs. Sonam Bhalotia
M. Anmol Bhalotia
Ms. Sonal Bhalotia
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
