Allowed

Bank of Baroda v. Ms Pratidin Marketing and Company and Anr.

DRT10 Jun 2025OA/606/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the Applicant Bank's Original Application for recovery of a loan of Rs. 51,27,315.64 plus interest against absent respondents. Future recovery certificate issued and sale of assets permitted upon default.

What did the court decide?

OA allowed ex-parte with costs; Recovery Certificate to be issued; Defendants to repay Rs. 51,27,315.64 with interest within 30 days, failing which secured assets to be sold.

Bank of Baroda versus Ms Pratidin Marketing and Company and Anr. — Banking and Recovery | DRT (2025)

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

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PRESIDING OFFICER.

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O.A. No. 606 OF 2024.

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DATE OF DELMRY OF ORDER , tO/06/2025

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Bank of Baroda, a body Corporate duly constituted under the provistons of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, havrng its Head Office at Premises Baroda Bhavan, R. C, Dutt Road, Alkapuri, Baroda, ptN390007, and a Branch Office among other places at Bank of Baroda, Bansdroni Market Branch, 174/1,/3, NSC Bose Road, Kotkata-7OOO4O, within the jurisdictron of this Ld. Tribunal.

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Applicant Bank

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l4/s. Pratidin Marketing & Company of VillageEgarogram, Post Office- Gotatahat, Police Station- Bishnupur, District- South 24 Parganas, PIN,743503 (pAN: BMAPN3800J).

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Smt. Ivladhushree Naskar, wife of pintu Charan Naskar of Village- Egarogram, post

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Office- Gotalahat,^police Stataon- Bishnupur, District- South 24 Parganas, ptN, 743503, within the Territorial Jurisdiction of this Learned Tribunal.

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Defendants.

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Counsel for the Applacant Bankr -

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Shambhu Mahato, Advocate

Set ex-parte on

19/05/202s

JUDGEMENT

The Applicant Eank filed the present O.A. being No. 0.A./606/2024 on 03/lA/2O24 for recovery of a total sum of Rs. 51,2?,315.64/- (Rupees ftfty one lakh twenty seven thousand three hundred fifteen and parsa sjxty four only) from the Defendants towards Cash Credrt together wtth interest, cost and other usual reltefs.

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The Defendants are served with summons. The defendants appeared but farled to llte any w.s- There was no representation from the defendants subsequenuy and the case was trxed For ex-parte hearing on l9/O5/2O25, and heard ex-parte accordingly.

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The Applicant Bank examined 1O documents through Sri Sarvendra t4alik, Chref Manager marked as Exhabit Annexure-A-1 to Exhibit Annexure-A_10.

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Heard the Ld. Counset for the Applicant Bank.

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The^point that arises for consideration^as:

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whether the Applicant Bank i5 entitled to the^{claimmade in the OA against the Defendants} and OA schedule^properties as^prayedfor?

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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^{Affidavitcoupled withthe recitalsrn the} documents viz., Exhibits Annexure-A-1 to Exhibit^{Annexure_A-10marked on behalf of the} Applicant Bank, established the claim of the Applicant^{Bank against the Defendants andOA} schedule properties. Hence, I hold that the Defendants^{are.jointlyand severally liable to pay} to the Applicant Bank the claims madeⁱⁿ the^{OA with future interest and costs.}

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In the result, the^present original Appllcation^{is allowed ex-parte withcosts, as underi'}

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ORDER

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(1) O.A. No. 606 of 2024 filed by the Applicant Bank is allowed and debt is determined^{wath cost} against the defendants. It is^hereby ordered^{that applicant bank is entitledto recover from} the defendants the total amount to the tune of^{Rs 51,27,315.64/-(Rupees frfty onelakh} twenty seven thousand three^{hundred fafteenand paisasixty fouronly) with pendentelrte} and future interest @ 10.65(%^per annum^{interest with simple on the amount duefromthe} date of filing of the Original Application^i.e. 03/^{10/2024 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,^{af any, recovereclby} the Applicant Bank after filing of the O.A. the^{same be taken into account whileardvrng at} the exact amount of dues/debt^payable by the^{defendants. Accordingly,pendentelrteand} future interest shall be calculated on the reduced amount.

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(3)Defendants are debarred from disposing, alienating or dealing^{with anyof thepropertres} belonging to them till the aforesaid^{decretaldebt is recovered from the defendants}

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(4) Defendants are given a time of tharty days from the date^{of the Judgement/Frnalorderfor} repaying of the above mentioned dues,^{so intimated to them. In casethe defendantsfail to} pay the dues within the above mentioned time, the applicant bank^{is entitledto recoverits} dues by sale of secured assets,^if any^{Applicant bank is also entitled to proceedagarnst} personal propedies of the defendants (Both movable and immovable)^{and alsoproceed} against the defendants^{personallyto recover the duesin accordancewith law.}

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(5) Let the Certifacate of Recovery be drawn up by Ld Registrar^{forthwith in termsof} ludgement for issuance of the same^{against defendantsin favour of theapPlicant bank} under Section f9⁽²²⁾ of the Recovery^{of Debtsand BankruptcyAct, 1993 and put op 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 in accordance wrth law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certrficate^{in term of thefrnal} order/.ludgement for recovery of the sum^{aqainst the defendantin favourof the Appllcant} Bank under Sectron 19⁽²²⁾ of the^{Recovery of Debts due to the Bank andFrnancia} lnstitutions Act, 1993 now known as Recovery^{of Debtsand BankruptcyAct,1993.}

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(8)The parties are drrected to appear before the^{Recoveryofficeron 1O/O712025for furLher} action rn accordance wlth law in the event the entire^{amount is not paid by the said date'}

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Accordingly, the Original^{Application beingO.A No606 of 2024is allowedandstands} disposed of.

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Copy of the.ludgement/Flnal^{Order be uploadedrn the Trrbunal's webslle'}

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Frle is consrgned to the^{Record Room}

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(Drctated io steno, transcrrbed by^{her, corrected,srgnedand} ironounced^{by mern the openCourt on theloth dav} of lune,2025)

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( KAI4AL DE I PRESIDING^OFFICER'

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

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Bank of Baroda
Case No. OA No.605 of 2024
s. Pratidin Marketing & Co. & Anr.
Date of Order Order with signature
Order No.07 Order pronounced (vide separate sheets)
ot.10/06/2025
ln the result, O.A. No. 606 of 2024 rs allowed with costs lssue
Recovery Certif icate accordingly.
( Kamai De )
Presiding Officer
DRT-3, Kolkata
ss
L-

Bank of Baroda v. Ms Pratidin Marketing and Company and Anr.

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Ms Pratidin Marketing and Company and Anr.

Case brief

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What did the court decide?

What the court decided

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