Allowed

Bank of Baroda v. Ms Surya Traders and Anr.

DRT24 Mar 2025OA/39/2023

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Tribunal examined documents submitted by Bank of Baroda to establish a debt claim. Finding the claim substantiated and the defendants absent, the Tribunal allowed the application and decreed the recovery of the outstanding loan amount along with future and periodic interest.

What did the court decide?

Allowed the ex-parte application; decreed recovery of Rs. 1,24,89,558.06 plus future interest at 9.90% p.a.; directed issuance of Recovery Certificate under Section 19(22) of RDB Act, 1993.

Bank of Baroda versus Ms Surya Traders and Anr. — Contract and Commercial Disputes | DRT (2025)

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

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PRESIOING OFFICER.

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O.A. No. 39 OF 2023.

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DATE OF DELIVERY OF ORDER | 24/03/2OZs

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Bank of Baroda, a body Corporate duly constituted under the provisions of the Eanking Companies (Acquasition and Transfer of Undertakings) Act, 1970, having its Head Office at Baroda Bhavan, R. C. Dutt Road, Alkapuri, Baroda, pIN_390007, and ats Kolkata Metro Region II, Avani Heights, 1.tFloor,59A, Chowringhee Road, Kolkata-700020, in the State of West Bengal and a Branch Office among other places at No. 174/1/3, N,S.C. Bose Road, Netaji Nagar, p.S- Regent park, Kotkata-7OOO4O, commonly known as Eansdrona Market Branch, within the jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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-Versus-

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t4ls. Surya Traders, a Sole Proprietorship Firm, represented by its Sote propfletor Sri laa]-1ur!ar^{Koyal,having its registeredoffice at No. 28, M.G. Road,Joka;Kotkata-} 700104, Djstrict- South 24 parganas,

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Amal Kumar Koyal, son of^pabitra Kanti Koyal, restding at Joka, Barua para, Kolkata_ 700104, Pastrict- South 24 parganas and atso at No, 8; M,G. Road, Natini Aparrment, Kolkata-700104.

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Defendants.

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Counsel for the Applicant Eank:

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Papiya Dutta, Advocate,

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Set ex-parte on 06/03/2O2s

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JUDGEMENI

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The Applicant Bank filed the present O.A. being No. O.A./3'/2O23 on O4/OL/2O23 for recovery of a total sum of Rs. 1,24,89,559.06/- (Rupees one crore twenty four lakh eighty nine thousand five hundred fifty eight and paisa six onry) from the Defendants towards cash Credit Loan, Term Loan and two FITL Loans together with interest. cost and other usual reliefs.

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The Defendants are served wlth summons. The defendants appeared but faited to file any w.s. There was no representation from the defendants subsequently and the case was fixed for ex-parte hearing on 06/03/2025, and heard ex-parte accordingly.

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The Applicant Bank examined 35 documents through Sri partha Mukherjee, Chief Manager 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 as i

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Whether the Applicant Bank is enfl(ed 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 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 jointly and severalty liable to pay to the Applicant Bank the claims made in the OA with future interest and costs,

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In the resurt, the present originar Apprication is a|owed ex-parte with costs, as underi-

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ORDER

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(1) O.A. No. 39 of 2023 fited by the Applicant Bank is a owed and debt Is determined with cost against the defendants, It is hereby ordered that appricant bank is entired to recover from the defendants the total amount to the tune of Rs. 1,24,g9,558.06/- (Rupees one crore twenty four lakh eighty nine thousand five hundred fifty eight and paisa six onty) with pendentelite and future interest @ 9.90o/o per annum interest with simpte on the amount due from the date of firing 0f the origrnar Apprication i,e. o4/or/2023 ti, fu, and finar realization of the claim amount_

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(2) Amount, if any, paad by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after fillng of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordangty, pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from dil

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beronsins to them tirr tnu,r,."""io'Xl'Jll*" ll1J,Ll1':.'J':i"TJ,"l:::,:'".,

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(4) Defendants are given a time of th repayine or the above mentioned jll":::T.,ilff,o"liJ 'T ::fi[:[ff::]; 'lj pay the dues within the above mentioned time, the app[cant bank is entired to recover ats dues by sare of secured assets, rf any. Apprclnt bank is arso entiaed to proceed agaanst personal properties of the defend asainst the derendano o"^""",,,,l1l'.",1"j1rffi::,; :::#:Ji,ll?,".,11 ",."^r.""""0

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

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Judgement 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 Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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

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(7) Ld. Registrar of thls Trlbunal is directed to deliver recovery cerflficate in term of the final order/judgement for recovery of the sum agalnst the defendant ln favour of the Applicant Bank under secuon 19 (22) of the Recovery of Debts due to the Bank and Financiar hstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parges are dtrected to appear before the Recovery Officet on 24/O4/2O2S for further actlon in acco.dance with law ln the event the enflre amount is not pald by the said date.

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Accordingly, the Original Applicaflon betng O.A. No. 39 of 2023 is afiowed and stands disposed of.

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Copy of the JudgemenvFinal Order be uploaded in the Trtbunal,s website. File is consigned to the Record Room.

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(Drctated to.steno, transcribed by her, cor.ected, stqned and pronounced by me in the open Court on the ial;lli -- ' or 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. 39 of 2023 Bank of Baroda
Vs.
M/s. surYa Traders & Anr.
Date of Order Order with signature
Order No.10 Order pronounced (vide separate sheets)
ot.24/03/2025
ln the result, O.A. No. 39 of 2023 is allowed with costs lssue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
s5

Bank of Baroda v. Ms Surya Traders and Anr.

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Ms Surya Traders and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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