Allowed

Canara Bank v. Mrs Chhaya Dey and Anr.

DRT30 Jan 2025OA/469/2024

Case brief

AI extract

What is this about?

In an ex-parte proceeding, the Tribunal allowed the bank's application for recovery of a term loan. The court held the defendants jointly and severally liable and permitted the issuance of a recovery certificate under the RDB Act, enabling enforcement of the decree against secured and personal assets.

What did the court decide?

Recovery of Rs. 21,16,410.86 with interest; recovery certificate issued; restriction on defendant property disposal; 30-day repayment notice.

Canara Bank versus Mrs Chhaya Dey and Anr. — Banking and Recovery | DRT (2025)

¶1

BEFORE THE DEBTS RECOVERY TRIBUNAL-III^KOLKATA PRESENT: -SRI KATt{AL DE.

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PRESIDING OFFtCER.

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O.A. No. 469 OF 2024.

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DATE OF DELIVERY OF ORDER I 30 IOLI^2O2S

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Canara Bank is a body Corporate constituted^under the^{BankingCompanies} (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, .1,C, Road, Bengaluru- 560002, and carryrng on^{businessinter alia, at theBaguiati} Branch, D.P Code- 19771, Manorama Kuthir, H/H-8.^{Aswininagar, P.O. Eaguiati, P S-} Baguiati, North 24 Parganas, Kolkata-700059,^within the iurisdiction^{of this Ld.} Tribunal.

Applicant Bank.

-Versus-

l Mrs. Chhaya Dey, daughter of Sri Ratan Bhowmick, Residing at Flat No. 4C, 4th Floor, Bhoot^{Nath Dham,FlTl4ll Zatda} Bagan, lyangra, Rajarhat, Kolkata-700059.

¶10

Also at- FH-5/1/1 Swamiji^pally, Jyangra, Baguiati,^Deshbandhu Nagar, Kolkata700059, North 24 Parganas.

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IYr. Somen Dey, son of Sri Pradip Oey, Residing at Flat No. 4C, 4th Floor, Bhoot^{Nath Dham,Ffi/411 ZaAa} Bagan, Jyangra, Rajarhat, Kolkata-700059. Also at- FH-5/1/1 Swamiji^pally, lyangra,^{Baguiati, Deshbandhu} Nagar, Kolkata700059, North 24 Parganas

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Defendants

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Counsel for the Applicant Banki

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Amit Gupta, Advocate,

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Set ex-parte on t6lol/2025

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J UDGE14 E NT

¶17

The Applicant Bank filed the^{presentO.Abeinq No. 0.A./46912024 on 79/07/2024fot} recovery of a total sum of Rs. 21,16,410.86/-^{(Rupees twenty one lakh sixteenthousand} four hundred ten and^paisa eighty six^{only)from the Defendantstowards Term Loan} (Housing) together with interest, cost and other usual rcliefs.

¶18

The Defendants are served with summons.^{The defendantsappeared but failed to file any} w.s. There was no representation^{from the defendants subsequentlyand the case wasfixed} for ex-parte hearing on 76/01/2025, and^{heard ex-parte accordingly.}

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The Applicant Bank examined 18 documents throuqh^{Mr. Andolan Mandal, Chief Manager} marked as Exhibit Annexure_A to Exhibit Annexure-A-17.

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Heard the Ld. Counset for the Applicant Bank.

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The point that arises for consideration is i

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Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

¶23

As stated supra, the Defendants 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-A-17 marked on behatf 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 joindy and severally liabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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¶25

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

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ORDER

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)

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(1) o.A No. 469 of 2024 fired by the Appricant Bank is aflowed and debt is determined with cost against the defendants, It is hereby ordered that appricant bank is entiued to recover from the defendants the total amount to the tune of Rs. 21,16,410.86/_ (Rupees twenty one lakh sixteen thousand four hundred ten and paisa eighty six only) with pendentetite and future interest @ 7 3590 per annum rnterest with simple on the amount due from the date of firing of the original Apprication i.e. 19/07/2024 talr fuI and finar rearization of the craim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filang of the O.A. the same be taken into account white 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, 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 fair to pay the dues within the above mentioned time, the applicant bank is entided to recover its dues by sale of secured assets, af any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and atso proceed against 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 reallze the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld' Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against 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 dtrected to appe.. before the Recovery Officer on 03/03/2025 for further actaon in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O.A. No. 4G9 of 2024 is afiowed and stands disposed of.

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Copy of the JudgemenvFinal Orde. be uptoaded in the Tribunal,s website.

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File is consigned to the Record Room,

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(Oictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the 3orh day of January, 2025)

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( KAMAL DE ) PRESIDING OFFICER.

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

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Case No. OA No.469 of 2024 Canara Bank
Chhaya D€v & Anr,
Date of Order Order with signature
Order No.06 Order pronounced (vide separate sheets).
ot.30t0112025
In the result, O.A. No. 459 of 2024 is allowed with costs. lssue
Recovery Certifi cate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
5S

Canara Bank v. Mrs Chhaya Dey and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Mrs Chhaya Dey and Anr.

Case brief

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