Allowed

Indian Bank v. Ms Patra Bashan Mill and Ors.

DRT21 May 2025OA/564/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte application filed by Indian Bank for recovery of a loan amount. The defendants remained absent. The Tribunal determined the debt, debarred the defendants from alienating properties, and directed the issuance of a Recovery Certificate.

What did the court decide?

OA allowed ex-parte; debt determined; Order of Recovery passed; Recovery Certificate directed to be issued.

Indian Bank versus Ms Patra Bashan Mill and Ors. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUI{AL.III XOLKATA

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PRESENT! -SRl xAlilAL DE

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PRESIDII{G OFFICER

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O.A. 564 ot 2022

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DATE OF DELMRY OF ORDER ! 2LlOSl2O25

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tndl.n B.nk., a Body Corporate constltuted under the Banklng Compantes (Acqulsitlon and Transfer of Undertaklngs) Act, 1970 havlng tts head offlce at 254-260, Awal Shanmugham Salai, Royapettah, Chennat-600014 and atso havlng lts numerous branches lncluding one at Indlan Bank, Habra Stauon Road, P.O, Habra, Dlst.-North 24^parganas, plN 743263, West Bengat, commonly known as Indian Bank, Habra Branch wlthln the Jurlsdlcflon as aforesaid.

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... Applicant Bank.

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-Versus-

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/t. Prtrr B.shrn ],tlll, proprtetoEhlp concern of Smt. Soma patra, havtng

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its Reglstered Omce at Village and p.O.-Janaphul, p.S.-Habra, OfrCfrio.tt ZC parganas, pIN-743704, West Bengal, wtthtn the Jurtsdtcflon as aforesatd,

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:::1 *11"-,P,:11?,, "tfe^{of Srr sanjay pat6,ts a proprietor/borrowerof tit/s.} r.arra basnan M t having tts resldence at Vlllage_Joygachl, p.O. and p.S. Habra, Distrtct-North 24 parganas, ptv 74326i: ,;;i6;;[ ;fi; ;" Jurisdlction as aforesald.

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S-.1 Sanray Patr., son of Madhusudan patra, cuarantor of M/s. patra Bashan Mill havhg its restdence at V tage_Joygacht; p.o. p.s._' x"lii,-ol]t;r!- " nj aforesaid N-orth 24^parsanas, prN 74320!, wiit edngil' iiir" ii,"' 1,_jr.iril, ",

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... Defendants.

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For the Appticant(s) : M.. S.p. Choudhury, Ld. Advocate Mr. N.C, Ku a, Ld. Advocate Mr. O.p. Chowdhury, Ld, Advocate Mr. K.^patra, Ld. Advocate

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For the Defendant(s) | None

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Set ex parte on O7/OS/2025

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JUDGEMENT

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The appltcant Bank flled the present OA betng O.A. No. 564 of 2022 on O1/1O/2O22 for recovery of a total sum of Rs. 80,30,996/_ (Rupees Eighty Lakh Thirty Thousand Nine Hundred Nrnety srx onry) from the defendants towards term roan together wtth lnterest, cost and other usual rellefs.

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The defendants are seryed with summons. The defendants did not appear, as there

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was no representation from the defendants, the case was fixed for ex-parte hearlng

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on 07/05/2025, and heard ex-parte accordingly.

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The appllcant Bank examlned thlrty one documents through Mrs. Anita Kumarl, Manager (A9ri), marked as Exhibtt Annexure-A to Exhibit Annexure_A-30.

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Heard the Ld. Counsel for the appllcant Bank.

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5, The point that arlses for conslderation is I

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Whether the appllcant Bank ts enufled to th€ clatm made ln the OA agatnst the defendants and OA schedule properfles as prayed for?

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As stated supra, the defendants remarned absent and drd not turn up to controvert the veEion of the O.A. of appltcant Bank. The Evtdence Affldavtt coupled wlth the recitars in the documents viz., Exhlbrt' Annexure-A to Annexure-A-3o marked on behalf of the appltcant Bank, establtshed the clalm of the appllcant Bank agatnst the defendants and OA schedule properfles. Hence, I hold that the defendants are Jotnfly and severally tiabte to pay to the applacant Bank the clalms made jn the OA wtth future lnterest and costs.

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Infhe_result, the present O.tgtnal Appllcation is allowed ex-parte wlth costs, as

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ORDER

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(1) O.A. No. 564 of 2OZ2 filed by the applicant Bank is alowed and debt is determtned with cost agatnst the defendant to recover rrom the derendanJ;j: :f':rJ":,",TT:H:TI,::"ffi# (Rupees Eighty Lakh Thtrty Ih Nlne Hundred Nlnety slx only) with pendent ttte and future rnterest @ ,..:-,.Tno interest wlth slmple on the amount due from the date of firhg or,nlt* '"t "'n" Orlglnal Appllcation t,e OL|rO,ZO22 till full and final reatizaflon of the claim amount,

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(2) Amount, tf any, paid by the d( in the loan accounts o. amount, tf any, recoverec, by the appltcant ,";t"no"no account whle a,.iving at the .r"* "o"t^{flling of the o A thesame be} taken lnto Accordingry, pendent rte uno oT "'l*t'oues/debt^{payableby the} defendants. amount. Jture interest shall be calculated on the reduced

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(3) Defendants are debarred from allenating or dealing with any of the

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properties beronging ,o ,n". ,,,,1ltlotln9' defendants. the aforesatd decretal debt is recove.ed from the

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(4) Defendants are glven a flme of daYs from the date of the ludgmenvFinar

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order for repaying of the above ,thirtY ntloned dues' so lntimated to them' In clse the

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defendants far to pay lre dres wtl also s ent entiued t ed to to ***;,; proceed agalnst ;;""-;'':l per :: "ff J:"#; :r H| jl:?Lr::a properties of the defendants (8oth movable

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and tmmovabte) "nd "l.o^p-c"edlnal agalnst the defendants personally to recover the

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dues ln accordance with law.

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(5)Let the Ceruficate of Recovery be drawn up by Ld. Registrar forthwith tn terms of

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Judgment for lssuance of the same agatnst defendanG in favour of the Applicant

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Bank under sectlon 19(22) of the Recovery of Debts 8nd Bankruptcy^{Act, 1993and} put up the srme for lssuance of the Certlllcrte,

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(6)Ld, Recovery officer shall reallze the amount as per the Recovery Certlflcate from the defendants ln accordance wlth law.

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(7)Ld. Registrar of this Trlbunal ls directed to dellver Recovery Cerflflcate ln terms of the flnal order/Judgment for recovery of the sum agalnst the defendants ln favour of the Appllcant Bank under Sectlon 19(22) of the Recovery of Oebts due to the Bank and Financial Institutions Act, 1993 now knor,vn as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The partles are dtrected to appear before the Recovery Officer on 2510612025 fot further actlon ln accordance wtth law tn the event the enure amount ls not pald by the sald date.

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Accordlngly, the Ortgtnal Appltcr on betng O.A. No. S54 of 2022 ts allowed and stands dlsposed of.

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copy of the JudgmenvFlnll ords be uptoaded tn the Trtbunal,s webslte.

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Flle ls consigned to the Record Room.

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(Dlct6ted to steno. trans.rtb€d by htm, ccrrected, stgn€d and p.onounced by m€ In the open Court on thts th€ 2l; day of M.y. 2025)

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( KAMAL DE ) PRESIDING OFFICER. -

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

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O.A. 564 ol 2022 tndl.n B.nk
Vs.
M/s. Patra Bashan Mlll & Ors,
Dat. ot Order Ord€r wlth 3lgnature
Order No.07
Order pronounced (vlde separate sheets),
ot.21to5t 2025
mb
ln the result, O.A. 554 of 2022 ls allowed lssue
Recovery Certlfl cate accordlngly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata

Indian Bank v. Ms Patra Bashan Mill and Ors.

Case brief

What is this about?

What did the court decide?

Indian Bank v. Ms Patra Bashan Mill and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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