Allowed

Canara Bank v. Ms Sanglap Medical Agency and Ors.

DRT6 May 2025OA/485/2024

Case brief

AI extract

What is this about?

By this order, the Debts Recovery Tribunal-III Kolkata, Kolkata allowed an Original Application filed by Canara Bank ex-parte against three absent Defendants for recovery of a debt of Rs. 37,91,110/- with interest and costs, determining that the Defendants are liable and directing the issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 37,91,110/- with future interest @ 18% p.a.; debarment from alienating properties; 30 days for repayment; Recovery Certificate to be issued and enforced.

Canara Bank versus Ms Sanglap Medical Agency and Ors. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA PRESENT: -SRI KAMAL D€.

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PRESIOING OFFICER.

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O.A, No.485 OF 2024,

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DATE OF DELIVERY OF ORDER . 06I05/2lJ25

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Canara Bank is a body Corporate constituted under the Bankrng Companres (Acquisition and Transfer of Undertakings) Act, 1980, having its Head Office at 112, J.C. Road. Bangalore-560002, and carrying on busaness inter alia, at Canara Bank, Barasat Chapadali Branch, North 24 Patganas-700124, within the rurisdiction of this Ld. Tribunal.

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Applicant Bank.

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-Versus-

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l4ls. Sanglap l.4edical Agency, represented through the^proprietor l4r. Tapas Biswas, running business at 270121!, Jessore Road, East, Ward No. 16, North 24 parganas, Barasat- 700124;

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Also at Village Charakpara, Duttapukur, Post Office- Balisa,^p.S.- Ashoknagar, Dist., North 24 Parganas-743702.

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Nlrs, Shukla Biswas, Wife of Tapas Biswas, residing at Village Charakpara, Duttapukur, Post Omce- Balisa, P.S.- Ashoknagar, Dist.- North 24^{pa$anas-743702.}

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14r. Tapas Biswas, son of Late Shanta Biswas, residing at Vi age Charakpara, Duttapukur, Post Office- Balisa, P.S.- Ashoknagar, Dist.- North 24 Patganas 743702.

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Defendants.

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Counsel for the Applicant Bank:

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Rinku Pacchal, Advocate, Set ex-parte on 2A/04/2025

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JU DG E^T.4 ENI

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The Applicant Bank filed the present O.A. being No. O.A.1485/2O24 on 07 /0812024 for recovery of a total sum of Rs. 37,91,110/- (Rupees thirty seven lakh ninety one thousand one hundred and ten only) from the Defendants towards OCC and GECL together wrth 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 2A/0412025, and heard ex-parte accordingly.

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The Applicant Bank examined I documents through Sri Pramit Nag, I'lanager marked Exhibit Annexure-A1 to Exhibit Annexure-A8.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for considerat on s :

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Whether the Applicant Eank is entiued to the claim made in the OA against the Defendants and OA schedule properties 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 coupted with the recjtats in the documents viz., Exhibits Annexure-A1 to Exhibit Annexore-A8 marked on behalf 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 joinuy and severally tiable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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

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ORDER

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(1) o A. No 485 of 2024 f ed by the Appricant Bank is alowed and debt is determined with cost against the defendants, It is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 37,91,110/- (Rupees thirty seven takh ninety one thousand one hundred and ten only) with pendentelite and future interest @ 72.504/0 pq annum interest wath simple on the amount due from the date of filing of the Original Application i.e. 07 /Oa/2O24 ti| full and final 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, recovered by the Applicant Bank after filing 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 wjth 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 ludgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fait to pay the dues within the above mentioned time, the applicant bank is entiued to recover rts dues by sale of secured assets, if any. Applicant bank is also entifled to proceed agarnst personal properties of the defendants (Both movable and immovable) and also 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 Judgement for issuance of the same against defendants jn 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 Certaficate.

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(6) Ld. Recovery Office. shall realize the amount as per the Recovery Certificate from the defendants rn 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 Sectlon 19 (22)^gf the Recovery of Debts due to the Bank and^Financaal 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 13/06/2025 for further action in accordance with law in the event the entire^{amount is notpaadby the saiddate.}

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Accordingly, the Original Application being O.A.^{No. 485 of 2024is allowedandstands} disposed of.

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Copy of the Judgement/Final^{Orderbe uploaded in the Tribunal's website.} File is consigned to the Record Room.

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(D ctated to steno, transcrrbed by her, corrected, srgned^and pronounced by me n the open Court on ihe 6th day of May, 2025)

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t^*o,ioio, , PRESIDING OFFICER.

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin u atio n )

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Case No. OA No,485 of 2024 Canara Bank
Vs.
M/s, Sanqlap Medical Aqency & ors.
Date of Order Order with signature
Order No.08 Order pronounced (vide separate sheets),
ot.06/0512025
In the result, O.A. No, 485 of 2024 is allowed with costs. Issue
Recovery Certifi cate accordingly.
f <urn"f O" l-
Presiding Officer
DRT-3, Kolkata
5S

Canara Bank v. Ms Sanglap Medical Agency and Ors.

Case brief

What is this about?

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Canara Bank v. Ms Sanglap Medical Agency and Ors.

Case brief

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