Allowed

Bank of Baroda v. Ms Park International Teleservices Private Limited and Ors.

DRT9 Jun 2025OA/607/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte application by Bank of Baroda for recovery of a debt from Park International Teleservices and other respondents. The court directed the issuance of a recovery certificate under Section 19(22) of RDB Act, 1993, debarred defendants from alienating properties, and granted thirty days for repayment.

What did the court decide?

Recovery of Rs. 71,17,321.23 with pendente lite and future interest; issuance of recovery certificate; bar on alienation of properties; thirty days to pay.

Bank of Baroda versus Ms Park International Teleservices… — 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. 607 OF 2024.

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DATE OF DELMRY OF ORDER I O9lo6/2o2s

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Bank of Baroda, a body Corporate duly constituted uncler the^provislons of^the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970,^havingrts Head Office at Premises Baroda Bhavan, R. C. Dutt Road,^{Alkapuri,Baroda, PIN-} 390007, and a Branch Office among other^places at Bansdroni^{MarketBranch,} !?4/1/3, Netali Subhas Chandra Bose Road, Kolkata-700040,^(IFSC: BAREOCALBAN), (PANr AAACB1534F). within the iurisdiction of this Ld.^Tribunal.

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Applicant Bank.

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M/s. Park International Teleservices Private Limited, a company incorporated under the provisions of the Companies Act, 1956 (CINr U74900W82013PTC 191544)^(PAN: BMAPN3800J) having its regastered office at 9/8, Netaji Nagar, Kolkata-700092.

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Mr. Tirthankar Ghosh of 9/8, Netaji Nagar, Kolkata-700092.

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Mr. Subhendu Sarkar of 9/8, Netaji Nagar, Kolkata-700092 within the Terntorial Jurisdiction of this Learhed Tribunal.

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Defendants

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Counsel for the Applicant Bankr -

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Shambhu Mahato, Advocate

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Set ex-parte on 14/Os/202s

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]UDGEMENT

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l. The Applicant Bank filed the present O.A. being No. 0.A./607/2024 oo 03/tO/2024 for recovery of a total sum of Rs. 71,17,321.23l- (Rupees seventy one lakh seventeen thousand three hundred twenty one and palsa twenty three only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants appeared but failed to file any w.s. There was no representation from the defendants subsequently and the case was fixed for ex-parte hearing on !4105/2025, and heard ex-parte accordingly,

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The Applicant^gank examined 33 documents through Sri Sarvendra Malik, Chief Manager marked as Exhabit Annexure-A-1 to Exhibit Annexure-A-33,

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for consideration is :

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Whether the Applicant Bank ls 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 versron of the O.A. of Applacant Bank. The Evidence Affidavit coupled with the recrtals tn the documents viz., Exhibits Annexure-A-1 to Exhibit Annexure-A-33 marked on behatf of the Applrcant Bank, established the claim of the Applacant Bank agaanst the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly 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. 607 of 2024 fired by the Appricant Bank is afiowed and debt as determined with cost against the defendants. It is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 71,t?,321.23/_ (Rupees seventy one lakh seventeen thousand three hundred twenty one and paisa twenty three only) wjth pendentelite and future intercst @ 10.3596 per annum interest wath simple on the amount due from the date of fiting of the Originat Apptjcation i.e, O3/LO/2O24 ti full and finat realization of the claam 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 f ing of the O.A. the same be taken into account white arriving at the exact amount of dues/debt payable by the defendants. Accordingty, pendentetite and future interest shall be calculated on the reduced amo!nt,

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(3) Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them til 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 0f the above mentioned dues, so rntjmated to them. In case the defehdants fail to pay the dues within the above mentioned time, the applicant bank as entifled to recover its dues by sale of secured assets? if any, Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed agaanst the defendants persona[y to aecover the c,ues in accordance with raw.

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

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Judgement for jssuance of the same against defendants in favour of the apptlcant bank

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

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same for rssuance of the Certrficate.

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(6) Ld. Recovery Officer shall realize the amount as^per the Recovery Certificate^{from the} defendants in accordance with law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate^an term of^thefinal orderludgement for recovery of the sum against the^{defendantin favourof the Appllcant} Bank under Section 19⁽²²⁾ of the^Recovery ol^Debtsdue to^{the Bank and Frnancial} Instrtutrons Act, 1993 now known as Recovery of^{Debtsand BankruptcyAct,1993.}

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(8)The parties are darected to appear before the Recovery Officer on 09/0712025^{for further} action in accordance with law in the event the entire amount^{is not paid by the said date}

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Accordingly, the Original Application being^{O.A. No. 607 of 2024 is allowedandstands} drsposed of.

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Copy of the.ludgement/Final Order be uploaded^{in the Trrbunal'swebsite.}

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File is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, signed^and pronounced by me in the open court on the 9'h dav of lune, 2025)

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, h.

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Lg.

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( KAMAL DE ) PRESIDING OFFICER,

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

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Case No, OA No. 607 of 2024 Bank of Earoda
rnational Teleservices Pvt. Ltd. & Ors.
Date of Order Order with signature
Order No.07 Order pronounced (vade separate sheets)
Dt.09/06/2025
In the result, O.A. No. 607 of 2024 is allowed with costs' Issue
Recovery Certif icate accordingly
( Kamal De )
Presidang Officer
DRT- 3, Kolkata
ss
I

Bank of Baroda v. Ms Park International Teleservices Private Limited and Ors.

Case brief

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Bank of Baroda v. Ms Park International Teleservices Private Limited and Ors.

Case brief

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What the court decided

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