Allowed

Canara Bank v. Prakash Shaw

DRT25 Feb 2025OA/455/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by Canara Bank for recovery of a debt of Rs. 33,49,254.65 from Prakash Shaw ex-parte. The court granted a certificate of recovery under the Recovery of Debts and Bankruptcy Act, 1993.

What did the court decide?

Recovery of Rs. 33,49,254.65 with interest; issuance of certificate of recovery under Section 19(22) RDB Act, 1993; thirty days to pay; bar on alienation of property.

Canara Bank versus Prakash Shaw — Contract and Commercial Disputes | DRT (2025)

¶1

BEFORE THE DEBTS RECOVERY^{TRTBUNAL.IIIKOLKATA}

¶2

PRESENTi^.SRI KA].{AL DE'

¶3

PRESIDTNG OFFICER.

¶4

O.A. No' 455 OF 2024.

¶5

DATE OF DELTVERY OF ORDER |^2slO2l2025

¶6

Canara Bank is a body Corporate constituted under the Eanking Companles (Acquisition and Transfer of Undertakings) Ad, 1970, havang its Head OFfice at Bangalore, and carrying on business inter alia, at the Canara Bank, Kasba Raldanga Branch, 1'r Floor, Disha Apartment, Rajdanga Nabapally, Kasba, Kolkata-700107, West Bengal, DP Code- 2562, within the iurisdiction of this Ld. Tribunal.

¶7

Applicant Bank.

¶8

-Versus-

¶9

1, Sri Prakash Shaw, Son of Sri Rabi Shaw, carrying on business under the name and style of M/s. Prakash Distributors, as sole proprietor at- B1-31/1, New Kalinagar, Bidhangarh, l.4aheshtala, Kalinagar, Kolkata-700066. Also at- Ground Floort T-173/6, Mitha Talaw Lane, Kolkata-7OOOt8. Residence Address- Sra Prakash Shaw, C/o- Sri Rabi Shaw

¶10

-1

¶11

At- Bankra, Purbo l4ishrapara, Dist- Howrah, West Sengal-711403.

¶12

Defendant.

¶13

Counsel for the Applicant Bank:

¶14

Amit Gupta, Advocate,

Set ex-parte on

3UO1/202s

JU DGE I,1ENT

The Applicant Bank filed the present O.A, being No. O,A./455/2O24 on 16/0712024 fot recovery of a total sum of Rs, 33,49p54,65/_ (Rupees thirty three lakh forty nine thousand two hundred fifty four and paisa sixty five only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

¶19

The Defendants are served with summons. The defendants appeared but failed to file any w.s. There was no representation from the defendants subsequently and the case was fixed for ex-parte hearing on 3L/O1/2025, and heard ex_parte accordinqly.

¶20

The Applacant Bank examined 20 documents throtjgh Mr. Anil Kumar, Senior Manager marked as Exhibit Annexure-A to Exhibit Annexure-A-19.

¶21

4, Heard the Ld. Counsel for the Applacant Bank.

¶22

The point that arases for consideration^is:

¶23

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

¶24

As stated supra, the Defendants remained^{absentand dld not turn up to controvertthe} version of the O.A. of Applicant Bank.^{The EvidenceAffidavitcoupled with the recitals in the} documents viz., Exhibits Annexure-A to Exhibit^{Annexure-A-1g markedon behalfof 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.

¶25

In the result, the present Original Application is allowed ex-parte with costs, as under:-

¶26

ORDER

¶27

(1) o A. No. 455 of 2024 fired by the Appricant Bank is allowed and debt is determined with cost against the defendants. It ls hereby ordered that applicant bank as entifled to recover from the defendants the total amount to the tune of Rs. 33,4g,254.65/- (Rupees thirty three lakh forty nine thousand two hundrcd fifty four and paisa sixty five only) with pendentelite and future interest @ 8.s5o/o per annum interest with simpre on the amount due from the date offiling ofthe Origlnal Apptication i.e. 1O/07/2024 ti full and final reatization ofthe ctajm amount.

¶28

(2) Amount, if any, paid by the defendants in the roan 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.

¶29

(3) Defendants are debarred from disposjng, alienatjng or deallng wjth any of the properties belonging to them tall the aforesaid decretal debt is recovered from the defendants.

¶30

(4) Defendants are glven a time of thtrty days from the date of the Judgement/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 flme, the appricant bank is entiued to recover its dues by sale of secured assets, if any. Applicant bank is also entiUed to proceed against personal properties of the defendi aeainst the derendano p","on",ry,:n:.j::ji.H:[::l"]xT:J"11",],j,ll ",^,-.""0

¶31

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

¶32

Judgement for issuance of the same against defendants in favour of the applicant bank

¶33

under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the

¶34

same for tssuance of the Certificate.

¶35

(6)Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the

¶36

defendants in accordance with law.

¶37

(7)Ld. Registrar of this Tribunal ls dlrected to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Eank 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 Bankruptca Act, 1993.

¶38

(8)The parties are directed to appear before the Recovery Officer on 27/03/2025 for further action in accordance with law in the event the entire amount is not paid by the said date,

¶39

Accordingry, the originar Apprication being o.A, No, 455 0f 2024 is alowed and stands disposed of.

¶40

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

¶41

(Drct-ated to,steno, transcribed by her, cor.ected, stqned and pronoun(ed by_ m_e rn the open Coun on the 25,;;;; -'-' or rebruary, 2025)

¶42

( KAMAL DE ) PRESIDING OFFICER.

¶43

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

¶44

case No. oa No.455 0f 2024 Canara Bank
Prakash Shaw
Date of Ord€r Order with signature
Order No.06
Order pronounced (vlde separate sheets).
Dt.25 t 0212025
In the result, O.A. No. 45S of 2024 is allowed wtth costs. Issue
Recovery CerUfi cate accordingly.
( Kamal De i -
Presiding Omcer
DRT-3, Kolkata
ss

Canara Bank v. Prakash Shaw

Case brief

What is this about?

What did the court decide?

Canara Bank v. Prakash Shaw

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

Coram

Case details

Similar cases

Icici Bank Limited versus Paras Commercial Corporation and Ors.

Icici Bank Limited versus M S Gold and Silver Co. and Ors.

Icici Bank Limited versus Npc Plasto Products Pvt. Ltd. and Ors.

Union Bank of India versus Ms Baba Biswanath Transport and Ors.

Sambhu Saha and Anr. versus Smfg India Credit Company Ltd. and Anr.

Uco Bank versus Milan Kanti Sen and Anr.