Allowed

Bank of India v. Suman Saha

DRT10 Jun 2025OA/51/2024

Case brief

AI extract

What is this about?

In an ex-parte application filed by Bank of India for recovery of a debt of Rs. 32,99,074.62, the Tribunal held the defendant liable absent any representation. The debt was determined with future interest, and the debtor was debarred from benami transactions.

What did the court decide?

Recovery of Rs. 32,99,074.62 with future interest at 8.85% p.a. from the date of filing; debarment from benami transactions; issuance of recovery certificate.

Bank of India versus Suman Saha — Banking and Recovery | DRT (2025)

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

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PRESIDING OFFICER.

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O.A, No, 51 OF 2024.

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DATE OF DELIVERY OF ORDER^.t to/o6/2025

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Bank of lndla, a body corporate constituted under the Banking Companres (Acquisition and Transfer of undertakings) Act, 1970 and having rts H-ead Office at "Star House", C-5, Block-.G,, Bandra Kurla Comptex, Bandra (Ea;t), Mumbar_400051 and carrying on business, inter-alia, at its Bank of India, Barrackpore Branch, srtuated at 199, Barasat Road, post Office- Nona Chandanpurkur, Barrackpore, North 24 Patganas, under police Station_ New Barrackpore, wiihin the lurjsdic;l;n of th,s Ld. Tribunal,

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Applicant Bank.

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I::.:_:-^ul run:,Soi or Mr. Sunrt Chandra Saha, propneror of M/s. S. G. Enterprise, otfice. rlavrng Jugbena, ptN-7Ool1O, oriice at Vr ageTatbandha and resrding Soutfr, u, Cnu"ju"ptl[pot,ce iiat-,o-nl Leningarg, New Barrackpore, Kanthaltala,post Sodpur, North 24 parganas, pIN-700110, West aengat.^.

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Defendant.

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Counsel for the Applicant Bank: _

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Anandita Das, Advocate

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Set ex-parte on 20/05/2025

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J UDGEi,I E NT

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The Applicant Bank filed the present oA being No oAl51/2a24 on l9/o1/2o24 fat recovery ofa totar sum ofRs. sevenry rour and pa sa s xty ,jj^{ji;l'L"ij';,,Jliii:,#.JT:,.:ff:.#:} jIT"; Loan 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 2O/OS/2025, and heard ex-parte accordingly.

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The Applicant Bank examlned 23 d Kumar Halder, Chief Manaeer marked as ert iuit enn"**"]a"JoT;:,,t[""'"1."t]; "*',

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Heard the Ld. Counset for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applicant Bank is entitled 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 coupled with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-W 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 jointly and severally liable 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 Origanal Application as allowed ex-parte with costs, as undec,

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ORDER

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(1) O.A. No. 51 0t 2024 fited by the Appticant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiUed to recove. from

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- ]r the defendants the totat amount to the tune of Rs. 32,99,074.62l- (Rupees thirty two lakh nanety nine thousand seventy four and paisa sixty two only) with pendentelite and future interest @ 8.85o/o per annum interest with stmple on the amount due from the date of filing of the Original Application i.e. tg/Ol/2024 ttll full and final realizatton of the claim amount.

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(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. Accordingty, pendentelite and frrture interest shall be ca,culated on the reduced amount.

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(3) Defendants are debarred fro beronsins to them tir,,." ","Ljj'.1'111",.'"T',n.:::il:;','l"TJ,J.:::.:'"r".'*

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(4) Defendants are glven 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 fait to pay the dues within the above mentioned time, the appricant bank is entiued to recover rts dues by sare of secured assets, if any. Appricant bank is arso ent,red to proceed against personal properties of the defendants (Both movable and immovabte) and atso proceed against the defendants personally to recover the dues in accordance with taw.

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

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ludgement for assuance of the same against defendants in favour of the apptjcant bank

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

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same for issuance of the Certaficate.

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

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defendants in accordance with law.

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(7) Ld. Registrar of this Tribunal is^{directed to deliver recovery certificate in term of thefinal} orderludgement for^{recovery of the sum agaanst the defendantin favourof the Applicant} Bank under Section 19^{(22) of the Recovery of Debtsdue to the Bank and Frnanclal} Institutions Act, 1993^{now knownas Recoveryof Oebtsand BankruptcyAct,1993'}

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(8)The parties are directed to appear before^{the RecoveryOfficer on 10/0712025 Forfurther} action in accordance with^{law in the eventthe entire amount is not paid by the said date'}

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Accordinqly, the Original^{Applicationbeing O.A No 51 of 2024 is allowedand stands} disposed of.

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Copy oF the Judgement/Final^{Order be uploaded in the Tribunal's website'} File is consigned to the Record^Room,

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(Dictated to steno, transcribed by her, corrected, srgned and pronounced by me in lhe open Court on the 10rh day of lune, 2025)

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1^{Xlltnr ot} ; PRESIDING OFFICER.

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

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Case No. OA No. 51 of 2024 Bank of India
Suman Saha
Date of Order Order with signature
Order No.08
Order pronounced (vtde separate sheets).
Dt.t0/06t2025
ln the result, O.A. No. 51 of 2024 ts a owed with costs. Issue
Recovery Certificate accordingly.
I Kamal De )
Presiding Officer
DRT-3, Kolkata
55

Bank of India v. Suman Saha

Case brief

What is this about?

What did the court decide?

Bank of India v. Suman 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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