Allowed

Karur Vysya Bank v. Hassan Ulla Laskar and Ors.

DRT22 Apr 2025OA/403/2023

Case brief

AI extract

What is this about?

This judgment allows an ex-parte Original Application filed by Karur Vysya Bank Ltd. for recovery of a loan sum. The Tribunal determined the debt jointly and severally against the absent Defendants, granted a stay on property alienation, and directed the issuance of a Recovery Certificate under the RDB Act.

What did the court decide?

Recovery of total amount with pendentelite and future interest from defendants; stay on disposal of properties; issuance of Recovery Certificate.

Karur Vysya Bank versus Hassan Ulla Laskar and Ors. — Execution and Attachment | DRT (2025)

¶1

EEFORE THE DEBTS^{RECOVERY TRIBUNAL.IIIKOLKATA}

¶2

PRESENTT -SRI KAMAL^DE.

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PRESIDING OFFICER.

¶4

O.A' No.4o3 OF^2023.

¶5

DATE OF DELIVERY^{oF ORDER|22/o4l2O2s}

¶6

The Karur vvsya Bank^{Ltd. is a bankangcompany, duly incorporated underthe} provisions of Indian companies Act 1913^{and having its Registered Office at 20'} Erode Road, Vadivel Nagar,^{L.N.S., Karur-639002 andhavang its Divisional Officeat} The Karur Vysya Bank Ltd.,^{Assets RecoveryBranch, Divisional Office,15,Bondel} Road, First Floor, Kolkata-7OoO19^{and transactingdifferentkinds of bankingbusiness} through its various branches^{all over the countryincludingits The Karurvysya Bank} Ltd. at 111 B, Raja S.C^{Mullick Road,Garia, Kolkata-700047, known as Garia Branch,} within the^{jurisdiction of this Ld. Tribunal}

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Applicant Bank.

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-Versus_

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1. Mr. Hassan Ulla^{Laskar,son of Hamizuddin Laskar, Proprietorof M/s'Ayesha} Furniture, S, Noapara, Sonarpur,^{South 24 Parganas,West Bengal-700150 and at} Jagannathpur, Simultala,^{P.O- Ram Krishna Pally, P.S-Sonarpur, Kolkata, West} Bengal-700150.

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1. 14rs. Sahida Bibi,^{wife of HassanUlla Laskarof lagannathpur, Simultala, P'O-} Ram Krishna Pally, P.S- Sonarpur,^{Kolkata, West Eengal-700150}

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1. Mr. Sahanawaj Hossain^{Laskar, son of Hassan Ulla Laskarof lagannathpur,} Simultala, P.Oj^{RamKrishnaPally,P.5- Sonarpur, Kolkata,west Bengal'700150'}

¶12

Defendants.

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Counsel for the Applacant^Banki-

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Gunja Pachisia, Advocate,

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Set ex-parte on 09/04/202s

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]U DG E 14 ENT

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The Applicant Bank filed the^present OA.^{being No. O.A/403/2023 or O5/O7/2o23for} recovery of a total sum of^{Rs. 2,55,06,682/-(Rupeestwo crore fifty five lakh six thousand} six hundred and eighty two^{only) fromtheDefendantstowards SOD (Vami)/TermLoan} together with interest, cost and other usual^reliefs

¶18

The Defendants are served with summons.^{The defendantsdid not appear, as there wasno} representation from the defendants, the case^{wasfixed for ex-partehearing on 09/04/2025'} and heard ex-Parte accordinglY,

¶19

The Applicant Bank examined 16 documents through Mr. Akbar Dorai D, Deputy General Maoager marked as Exhibit Annexure-A-1 to Exhibit Annexure-A-16.

¶20

Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for consideration is :

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Whether the Applicant Bank is entitled to the claam made in the OA against the Defendants and OA schedule^properties as^prayed fot?

¶23

As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant 8ank. The Evidence Affadavit coupled with the recitals in the documents viz., Exhibits Annexure-A-1 to Exhibit Annexure-A-16 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 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 Oraginal Application is allowed ex-parte with costs, as under:-

¶25

ORDER

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¶27

(1) o A No 403 of 2023 fired by the Appricant Bank is alowed and debt is determined with cost against the defendants. lt^js hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune ot Rs,2,55,06,6g2/- (Rupees two crore ritty five lakh six thousand six hundred and eighty two only) with pendentelite and future interest @ 13,40olo per annum interest with simple on the amount due from the date of filing of the Original Appticauon i.e. O5/O?/2023 tilt fufl and finat reatization of the ctaam amount.

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(2)Amount, if any, paid by the defendants in the loan accounts or amount, if any, recoverecr 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 anterest shall be calculated on the ieduced amount_

¶29

(3) Defendants are debarred from disposlng, 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 Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants farl to pay the dues wtthin the above mentioned time, the applicant bank is entifled to recover rts 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 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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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 Certificate from the defendants in accordance with Iaw.

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(7) Ld, Registrar of this Tribunal ls directed to deliver recovery certificate in term of the final orderrudgement for recovery of the sum agalnst 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 Ofiicer on 22/05/2025 for further action in accordance with law in the event the entire amount is not paid by the said date.

¶37

Accordingly, the Original Appllcation being O.e. No, 403 of 2023 is altowed and stands disposed of.

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copy of the Judgement/Final Orde. be uploaaed in the Tribunat! website.

¶39

File is consigned to the Record Room.

¶40

(Drctated to steno, transcribed by her, corrected, signed and pronounced by lne in the open Court on this the 22.d day of Aptil,2O2S)

¶41

( KAT1AL DE ) PRESIDING OFFICER,

¶42

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

¶43

CaseNo.OANo	.403of2023	Karur Vysya Bank Ltd. HassanUlla Laskar&Ors.
DateofOrder		Orderwithsiqnature
OrderN0.05 ot.22l04^t2025	Order^pronounced	^{(videseparate sheets),}
	Intheresult,O,A, RecoveryCertificat	^{No,403 of 2023is allowedwlthcosts. Issue} e accordingly.
ss		{^KamalDe) - PresidingOfficer DRT-3,Kolkata

Karur Vysya Bank v. Hassan Ulla Laskar and Ors.

Case brief

What is this about?

What did the court decide?

Karur Vysya Bank v. Hassan Ulla Laskar and Ors.

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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