Allowed

Karur Vysya Bank v. Rekha Karmakar and Ors.

DRT23 Apr 2025OA/553/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an ex-parte Original Application filed by Karur Vysya Bank Ltd. for recovery of a loan of Rs. 1,63,34,319.15 plus interest from absent respondents, directing issuance of a recovery certificate under RDB Act, 1993.

What did the court decide?

A. Recovery of Rs. 1,63,34,319.15 with interest @12.40% p.a.; B. Bar on alienating properties; C. Time given for repayment; D. Recovery Certificate issued.

Karur Vysya Bank versus Rekha Karmakar and Ors. — Banking and Recovery | DRT (2025)

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

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PRESIDING OFFICER.

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O.A. No, 553 OF 2024,

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DATE OF DELMRY OF OROER | 23/04l2OZs

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The Karur Vysya Bank Ltd. is a banking company, duly incorporated under the provisions of Indian companies Act 1913 and having its Registered Office at 20, Erode Road, Vadivel Nagar, L.N.S., Karur-639002 and carrying on business from its branch office at 80/2 Bangur Avenue Btock-C Ground Ftoor Near Town Ha Kolkata, West Bengal, 700055, Bangur Avenue Branch, within the jurisdiction of thrs Ld. Tribunal.

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Applicant Bank.

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-Versus-

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1. Rekha Karmakar, Proprietor ofM/s. R. K. Enterprise, W/o Bishnu Karmakar (pAN No. CHSPK25618), residing at Saharpur Bilkanda 1 No cram panchayat, Ghola North 24 Parganas. Kolkata-700110 and having its registered office ai Jugberra, Ghola, Kotkata-700110.

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1. Bishnu Karmakar, (PAN No. BKJPKTT5OB), S/o ltanojit Karmakar, residing at Saharpur Bilkanda 1 No G.am panchayat, Ghola No.ah 24 parga;as, Kolkata_ 700110.

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1. Shambhu Karmakar, (PAN No. DSUPK9785D), S/o Manojit Karmakar, resrdrng ar Saharpur Bilkanda 1 No Gram panchayat, Ghola North 24 pargan;s, Koikata700110.

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Defendants.

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Counsel for the Applicant Bank: -

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A. K. Singh & Associates,

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Set ex-parte on 09/04/2025

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JUDGEMENT

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The Applicant Bank fited the present O,A. being No, O,A.15S3/2024 oh 3O/OB/2024 tot recovery of a total sum of Rs. 1,63,34,319.15/_ (Rupees one crore sixty three lakh thirty four thousand three hundred nineteen and paisa fifteen only) from the Defendants towards Open Cash Credit and Term Loan together with interest, cost and other usuat 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 Og/O4/2025, and heard ex-parte accordingly.

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The Applicant Bank examined 11 documents through Akbar Dorai, Authorized Reprsentat ve marked as Exhibit Annexure-A to Exhibit Annexure-K.

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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 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 remalned 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-K 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 Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) O.A. No. 553 of 2024 filed by the Applicant Eank is allowed and debt is determined with cost against the defendants, It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 1,63,34,319.15/-^(Rupees one crore sixty three lakh thirty four thousand three hundred nineteen and^paisa fifteen only) with pendentelite and future interest @ 12.40olo per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 30/08/2024 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 filing of the O.A. the same be taken into account whale 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 propertres 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 fail to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to^proceed against 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 ol' Judgement for issuance of the same against defendants in favour of the applicant bank

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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 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 darected to deliver recovery certificate in term of the frnat order/judgement for recovery of the sum against the defendant rn favour of the Applrcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnancrat Inst tutions 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 Otficet on 23/OS|2O25 for further action in accordance wlth law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application beang O,A. No. 553 of 2024 ls allowed and stands disposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunat's website.

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File is consrgned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, srgned and pronounced by me in the open Court on the 23rd day of Aprl, 2025)

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( hArqAL DE ) PRESIDING OFFICER,

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e;I.--E

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

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CaseNo.OA^No	^{.553 of2024}	xarurVysya Bank^Ltd. RekhaKa
oate oforder		orderwithsignature
OrderNo.06 DL23l04^/2025	Order^pronounced Intheresult,^O.A. RecoveryCertifi^ca	^{(vide separate sheets)'} ^{No.553of2024is allowedwithcostslssue} ^{teaccordinglY.}
		(Kamal De) PresidingOfficer DRT-3, Kolkata

Karur Vysya Bank v. Rekha Karmakar and Ors.

Case brief

What is this about?

What did the court decide?

Karur Vysya Bank v. Rekha Karmakar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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