Allowed

Bank of India v. Ms Arijit Enterprise and Ors.

DRT7 Jul 2025OA/524/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the Bank of India's ex-parte application for recovery of a housing loan debt of Rs. 22,51,738.59 plus interest against the defaulting respondents.

What did the court decide?

Allowed ex-parte recovery of Rs. 22,51,738.59 with 8.30% future interest; defendants debarred from disposing assets; 30 days time given for payment or sale of secured/personal assets.

Bank of India versus Ms Arijit Enterprise and Ors. — 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. 524 of 2023

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DATE OF DELMRY OF ORDER I 07lO7l2O2S

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Bank of Indla, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Star House, G-Block, Plot No. c-5, Bandra Kurla Complex, Bandra^(East), Mumbai-4oo 051, and carrying on its banking business from its Branch Offlces,^{inter alla,at its} College Street Branch, situated at 8/9. Bankim Chatterjee Street,^Kolkata -^{70O 013} under Police Station- Amhrest Street, within the^jurisdiction of this^{Ld. Tribunal.}

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... Applicant Bank

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-Versus-

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M/s. ArUit Enterprlse, Prop. ArUit Ghosh, lying and situated at f53/E, Bellaghata Main Road, Kolkata-7O0 010,

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Mr. Arlrlt Ghosh, son of Mr. Prabir Ghosh, P-216, CIT Road, P.O and^P.S,- Beliaghata, Scheme IVM, Kolkata-700010.

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Mr. Arult Ghosh, EQM property, Flat on 3d Floor,3Gl1M, Ganga Sarkar^Road, P' s' -Beliag hata' Kolkata-700010'

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... Defendants

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For the Applicant Bank: Mr. Pratiyush Verma, Ld. Advocate,

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For the Defendant None

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Set ex-parte on 2O/06/2025

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JUDGEMENT

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1 The applicant Bank filed the present Original Application, being O.A. 524 of 2023, on 29108/2023 for recovery of a total sum of Rs.22,51,738.59^(Rupees Twenty Two Lakh Fifty One Thousand Seven Hundred Thirty Eight and Fifty Nine Palse only) from the defendants towards Housing Loan with interest, cost and other usual reliefs.

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2 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 20/06/2025, and heard ex-parte accordlngly,

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The applicant Bank examined eleven documents through Mr. Ritam Ghosh, Authorized Officer, marked as Exhlbit Annexure-A-1 to Exhlbit Annexure-A-11.

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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 appllcant Bank ls entitled to the claim made in the OA agalnst the defendants and OA schedule propertles as prayed for?

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6 As stated supra, the defendants remained absent and dld not turn up to controvert^the verslon of the O.A. of appllcant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A-1 to Annexure-A-11 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 Orlginal Applicatlon is allowed ex-parte with costs,^{as under:-}

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ORDER

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(1) O.A. 524 of 2023 flled by the appllcant Bank ls allowed and debt is determined wlth cost against the defendants. It ls hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune Rs.22,51,738.59^(Rupees Twenty^TwoLakh Fifty One Thousand Seven Hundred Thirty Eight and Flfty Nine Paise only) with^pendent lite and future interest @ 8.30o/o^per annum interest with simple on the amount due from the date of flling of the Original Application i.e 29.08.2023 till full and final realization 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 fillng of the O.A. the same be taken into account while arriving at the exact amount of dues/debt^payable by the defendants.' Accordingly,^pendent lite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposlng, alienatlng or dealing wlth 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 thlrty days from the date of the Judgment/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 mentloned time, the appllcant bank ls entltled to recover Its dues by sale of secured assets, if any, Applicant bank ls also entitled to proceed agalnst 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 Judgment 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 Certlficate.

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(6) Ld. Recovery Offlcer shall realize the amount as per the Recovery Certificate from the defendants in accordance wlth law.

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(7) Ld. Registrar of this Tribunal ls dlrected to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants' ln 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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The parties are directed to appear before the Recovery Officer on ll/O8/2O25 for further action ln accordance with law in the event the entire amount is not paid by the said date.

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Accordlngly, the Orlglnal Appllcation, being O.A. No. 524 of 2023, ls allowed and stands disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal's website. File is consigned to the Record Room.

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(Dlctated to steno, transcrlbed by hlm, corrected, signed and pronounced by me in the open Court on this the 7ti day of July, 2025)

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( KAl.rAL DE ) PRESIOING OFFICER..

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

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Case No. O.A.524of202	3 BankofIndla Vs, M/s.AriiitEnterprlse&Ors	.
DateofOrder	Orderwithsignature	Otlic.rctlonwlth d.tcrnddatGd Slgn.tur.ot^partl.. whGn nGccasary
OrderNo.06 Dt.o7l07l2025	Order pronounced (vide separate sheets),
mb	Intheresult,O.A. 524of2023isallowedwlthcosts.Issue RecoveryCertificate accordlngly.
	(KamalDe) PresidingOfficer DRT-3, Kolkata

Bank of India v. Ms Arijit Enterprise and Ors.

Case brief

What is this about?

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Bank of India v. Ms Arijit Enterprise and Ors.

Case brief

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