The DRT allowed the Bank of India's application ex-parte for recovery of a home loan default against Swapna Das and Utpal Das, determining the debt amount and ordering restitution with interest.
Allowed recovery of Rs. 31,28,193.80 with interest; debarred defendants from disposing of properties; directed issuance of Recovery Certificate.
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.
BEFORE THE DEBTS RECOVERY TRIBUNAL-III XOLXATA PRESE T: -SRI KAMAL DE,
PRESIDING OFFICER.
O.A. No. 424 OF 2024.
DATE OF DELMRY OF ORDER | 2A|OI|ZO2S
Bank of Ihdia, a body corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakings) Act, 1970 and having its Head Office at l4_umbai (Head Office) and carrying on banking business, inter_alia, at its branch office at Bank of India, Garja, p-138, Raja Subodh Chandra, Mullick Road, Kanungo Park, Kolkata, West Bengat-70OOB4. within the jurisdictjon of this Ld. Tribu;at.
Applicant Bank
J
- Mrs, Swapna Das, wife of Sri utnal Das, residing at Chowhatt, choshpara, p.O. chowhari,p.s.- sonarpur, Korkata_;oorag, soutrr li oj.g;i;r,'il;rl;Iirt",, r"0,". 2. Mr. Utpal Das, son of Sri Ramesh Di
sonu,d,r., xoi[uij-z;0il;,'il;i';;?'"r.fl"J:il:.:[3.,!r"fi,r.o. chowhati,p.s.-
Defendants.
Counsel for the Applacant Bank: -
Hareram Sin9h, Advocate,
Set ex-parte on 20/o1/202s
JUDGEMENT
- The Applicant Bank fited the present O.A. being No. O.A./42A/2O24 on 17/O5/2O24 tor recovery of a total sum of Rs. 31,28,193.80/- (Rupees thirty one lakh twenty eight thousand one hundred ninety three and paisa eighty only) from the Defendants towards Home Loan together with interest, cost and other usual reliefs.
The Defendants are served with sun s The defendant appeared but failed to file w s within the stipurated time. one wrrtt,l ttut"t"nt' however' was filed on 05/11/2024 i'e'' much beyond the stipurated ,,." ,,ln coenizance thereor accordinsry. il: "[-::t ;::H::,:: TT,.:r:, j::L::: subsequently and the case was fixed for ex-parte hearing on 20/01/2025, and heard exparte accordingly.
The Applicant Bank examined 9 documents through Ms. Kanika Debnath, Branch Manager marked as Exhibit Annexure_A to Exhibit Annexure-L
4, Heard the Ld. Counsel for the Applicant Bank.
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
In the result, the present originar Apprication is aflowed ex-parte with costs, as under:-
ORDER
)
Accordingly, the Original Applicataon being O.A. No. 428 of 2024 is allowed and stands disposed of.
Copy of the ludgement/Final Order be uptoaded rn the Tribunat,s website. File is consigned to the Record Room.
( Drct-ated -to,steno,transcnbed by her, correctec,,srgned and pronou n(ed or lanuary,2025)^b_y-me rn theopenCourt on thsl8i^'d;;--''"
( KAMAL DE ) PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
Case No. OA No.42a of 2024
Bank of India
Vs.
Swapna Das & Anr.
Date of Order
Order with signature
Order No.09
Dt.2at0t/2025 Order pronounced (vide separate sheets).
In the result, O.A. No. 428 of 2024 as allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
1 provisions across 1 enactments
Bank of India
Swapna Das
Utpal Das
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
