Allowed

Bank of Baroda v. Mitul Shah and Ors.

DRT26 Aug 2025OA/433/2023

Case brief

AI extract

What is this about?

The Recovery Tribunal allowed the applicant Bank's ex-parte original application for recovery of dues against absent defendants, directing payment of the debt with interest and a recovery certificate under the RDB Act.

What did the court decide?

The debt of Rs. 41,81,319.71 with pendentelite and future interest @ 8.35% per annum from 26/07/2023 is to be recovered; defendants are debarred from alienating properties; a Recovery Certificate is t

Bank of Baroda versus Mitul Shah and Ors. — Banking and Recovery | DRT (2025)

¶1

BEFORE THE OEBTS RECOVERY TRIBUNAL.Itt KOLKATA pRESENT: -SRI KAMAL DE.

¶2

PRESIDING OFFICER.

¶3

O.A. No.433 OF 2023.

¶4

DATE OF DELMRY OF OROER t 2f,/OA/2OZi

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Applicant Bank_

-Versus-

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¶10

.... Borrower 2) M/s' Prabhudarshan Developers pwt t*. --.

¶11

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¶15

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¶16

... promoter/ Deve,oper

¶17

. Defendants.

¶18

Counsel for the Applicant Bank:

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Md. Amjad Aii, Advocate Set ex-parte on 18/o8/202s

¶20

JUDGE14ENT

¶21

¶22

The Applicant Bank filed the^present O.A. being^{No. O.A./433/2O23on 26/07/2023 fot} recovery of a total sum of Rs. 41,81,319.71/-^{(Rupeesfortyone lakh eightyone thousand} three hundred nineteen and^paisa seventy^{one only) from theDefendants towardsCash} Credit together with interest, cost^{and other usual reliefs.}

¶23

Ihe Defendants are served with summons.^{The defendantsdid not appear. as therewas no} representation from the defendants, the case^{wasfixedfor ex-partehearingon lA/0a/2025'} and heard ex_Parte accordinglY.

¶24

The Applicant Eank examined 6 documents^{throughSra Anirban Samaddar, Chief lYanager} marked as Exhibit Annexure-A to Exhibit Annexure-F.

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Heard the Ld. Counsel for the Applicant Bank

¶26

The point that arises for consideration is^:

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Whether the Applicant Bank is entitled to the claim^{madein the OA againstthe Defendants} and OA schedule^properties as^prayedfor?

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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^{r'l/ith the recitals in the} documents viz., Exhibits Annexure-A to Exhibit^{Annexure-Fmarked on behalfof the} Applicant Bank, established the claim of the Applicant^{Bank against the Defendants andOA} 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 futureinterest andcosts}

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ln the result, the^present Original Application is allowed^{ex-parte withcosts, as under:-}

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ORDER

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(1) O.A. No. 433 of 2023 filed by the Applicant Bank is allowed and debt as determined with cost agaanst the defendants. It is hereby ordered that applicant bank^{is entitled to recover from} the defendants the total amount to the tune of Rs. 41,81,319.71l-^{(Rupees forty one lakh} eighty one thousand three hundred nineteen and^paisa seventy^{oneonly)with pendentelite} and future interest @ 8,35olo^per annum interest with simple^{on the amount duefromthe} date of filing of the Original Application i.e. 26/07/2023 till^full and^{final realization of the} claim amount.

¶32

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered 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 interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alaenating or dealing with any of^{theproperties} belonqing 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 ludgement/Final 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 applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled 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 ludgement for issuance of the same against defendants in favour of the applicant bank 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 realaze the amouht as per the Recovery Certificate from the defendants in accordance with Iaw.

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(7)Ld Registrar of this Tribunar is directed to derver recovery certifrcate in term of the finar orderljudgement for recovery of the sum agajnst 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 partaes are directed to appear before the Recovery Officer on 26/09/2025 for further

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action in accordance with law in the event the entire amount is not paid by the satd date.

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the orjginat Apptication being o.A. No. 433 of 2023 is a owed and stands ;:#:r"i

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Copy of the Judgement/Final Order be jn the Tribuna|s website. Fire is consigned to the Record *oor. 'o'ouo"o

¶42

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¶43

( KAMAL DEI-=-paEslorr,rc orrri:re.

¶44

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

¶45

case No. oa No. 433 0f 2023
Bank Of Baroda
Mitul Shah & Ors.
Order with signature
Order N0.07
Dt .26 / AA/ 2025 Order pronounced (vjde separate sheets).
In the resutt, O.A. No. 433 of 2023 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kam;l De )
Presiding Officer
DRT-3, Kotkata
ss

Bank of Baroda v. Mitul Shah and Ors.

Case brief

What is this about?

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Bank of Baroda v. Mitul Shah and Ors.

Case brief

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