Allowed

Canara Bank v. Ms Jhuma Saha

DRT2 Apr 2025OA/472/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Kolkata allowed an ex-parte application filed by Canara Bank for recovery of dues against Jhuma Saha. The Tribunal determined the debt amount, future interest at 9.55%, and ordered the issuance of a recovery certificate under Section 19(22) of the 1993 Act.

What did the court decide?

Recovery of Rs. 25,29,254.26 with future interest at 9.55% per annum and issuance of a Recovery Certificate.

Canara Bank versus Ms Jhuma Saha — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS^{RECOVERY TRIBUNAL.IIIKOLKATA} PRESENT:^-SRI KAMAL^DE.

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PRESIDING OFFICER.

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o.A. No. 472 0F 2024.

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DATE oF DELIVERY^{oF ORDERIO2l04/2025}

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Canara Bank is a bodv^{Corporate constitutedunderthe BankingCompanies} (Acquisition and Transfer of Undertakings)^{Act, 1970, having its Headoffice at 112,} J.C. Road, Banqatore-560002,^{and carryingon businessinter alia, at CanaraBank,} Dum Oum-ll Branch,^{TarunSenguptaSarani, ItalgachaRoad,P O'- ltalgacha,P S -} Dum Dum, North 24^{Parganas, Kolkata-700028,c B code-19775, within the} jurisdiction of this Ld, Tribunal.

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Applicant Bank.

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-Versus-

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Nls. lhuma Saha, Proprietress^{of l4/s} Nla Manasa Enterprise, Daughter^{of NitaySaha,} At- AE-254. Rabindra Pally, Kestopur, Prafulla Kanan, Kolkata-700101.

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Defendant.

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Counsel for the Applicant Banki

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Amit Gupta, Advocate,

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Set ex-parte on 26/0312O2s

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JUDGEMENT

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The Applicant Bank filed the present O,A. being No, 0.A./472/2024 ot' 23/07/2024 for recovery of a total sum of Rs. 25,29,254.26l- (Rupees twenty five lakh twenty nine thousand two hundred fifty four and^paisa twenty six only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 26/03/2025, and heard ex-parte accordrngly.

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The Applicant Bank e\en'ined 17 documents through Vidya Bhushan, Senior lvanager marked as Exhibit Annexure-A to Exhibit Annexure-A-16.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applicant Eenk ts entiued to the claim made in the OA against the Defendants and OA schedule proper es as prayed for?

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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_l5 marked on behalf of the Applicant 8ank, established the clalm of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severa y liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the resurt, the present orrginar Appracation is a owed ex-parte with costs, as under:_

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ORDER

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(1) O.A. No, 472 ot 2024 fited by the Applicant Bank is alowed and debt is determined with cost against the defendants. It is hereby ordered that appricant bank rs entiaed to recover from the defendants the total amount twenty n ne thousand two r,".:".H;T::::; ;:::',,i:1,i.:J::ff1ilT:in:i:: and future interest @ 9.550/0 per annum interest with simpre on the amount due from the date of filing of the Originat Application t.e. 23/07/2024 tifl full and finat reatization of the claim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recoverect by the Appticant Bank after fillng of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payabre by the defendants. Accordingry, pendenterite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from dis berons.ne to them ti, re aroresaia llsJll "jilll11."j,ll1,;.:;,::"?,;::::,:..",

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(4) Defendants are given a time of thi repay ns or the above mentioned .l:":::T:il.T,:";""j,T::".::[:]#;]; i: pay the dues within the above mentioned time, the appricant bank is entired to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed against personal properties of rhe defendi asainst the derendant" p".,on"rv,l1l".o(,Bl',':rffi:];::|"][:}""*,11",],jJl ",'" ,.".""0

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

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same For tssuance of the CertiFicate.

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

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defendants in accordance with law_

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(7) Ld. Registrar of this Trrbunal rs directed to deliver recovery certiflcate in term of the final order/iudgement for recovery of the sum against the defendant in favour of the Appricant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Financiar 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 Officer on 02/05/2025 for Further action^jn accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Originat Application bejng O.A. No. 472 of 2024 js a owed and stands disposed of.

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

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(Djctated to steno, transcnbed by her, corrected, srgnec, and |I"j}T:::orry '"'"^{theopencoud on the2nd dav-}

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( KAI4AL DE ) PRESIDING OFFICER,

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

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Case No. OA No,472 ol 2024 Canara Bank
Jhuma Saha
Date of Order Order with signature
Order No.08
Order pronounced (vide separate sheets).
Dt.02t 04 t 2025
In the result, O.A. No. 472 of 2024 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss

Canara Bank v. Ms Jhuma Saha

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms Jhuma Saha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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