Allowed

Idbi Bank Ltd. v. Rajesh Shaw

DRT15 Jan 2025OA/61/2024

Case brief

AI extract

What is this about?

In an ex-parte proceeding, the Tribunal allowed the Original Application filed by IDBI Bank Ltd. for recovery of a home loan and insurance premium balance of Rs. 26,88,446/- from the Defendants, holding them jointly and severally liable with directive for issue of recovery certificate.

What did the court decide?

Declared debt of Rs. 26,88,446/- with interest; ordered issue of recovery certificate under DRBA 1993.

Idbi Bank Ltd. versus Rajesh Shaw — Banking and Recovery | DRT (2025)

¶1

BEFORE THE^{DEBTS RECOVERY TRTBUNAL-IIIKOLKATA} PRESENT:^{-SRI KAMALDE'}

¶2

PRESIDING^OfFICER.

¶3

O.A' No. 61^{OF 2024'}

¶4

DATE OT OELIVERY^{OF ORDERIISIOI/2O25}

¶5

IDBI Bank^{Ltd., a company incorporatedand registeredunderCompanies Act'} igsi fr "t 1956)^{and a Eanking company within the meaningof section5 (c ) of the} Act, 1s4e i10 of^{194e) and havinsits Resisteredoffice at IDBI} ;;;;;;";;,J"" io*u.,-wri cornprux^{cuffe Parade, Mumba'-4oooo5andhavingtheirregional office} at IDBI Bank,^{IDBIHouse,44, shakespeareSarani,P S -shakespeareSarani'} Kolkata-700017,^{carryang on its businessthrough various branches one of the branch} at IDBI Bank^{Ltd., AC-32,BidishaApartment, 1'r Floor' Krishanapur'Prafullakanan'} Kolkata-700101,^{known as RAC Kestopur and alsoat IDBIBank Ltd} '^{Retarl Recovery} o"punrn"n, u,^{roAf House,44ShakespeareSarani,2ndfloor'Kolkata-700017' within} the iurisdiction of^{this Ld. Tribunal,}

¶6

Applicant 8ank.

¶7

-l

¶8

Mr, Ralesh^{Shaw,son of LateGopatShaw of IOO/3' CossiporeRoad'Po & PS-} ^ i:"..,16.", xoff."ta-zooooz ano of rtat t'lo' A-3, l'3t Floor' Dipa Apartment' 60/2613' i.i'"5-i"-ji, t.i irri.out',^{xottutu-zoor16and also of Jitf shipvard Ltd} '^lindalsaw CompanV, Z, Rustamjee^{Parsee, Cossipore,Kolkata-700002'}

¶9

Defendant.

¶10

Counsel for the APP|icant^Bank:

¶11

Gunja Pachisia,^Advocate,

¶12

Set ex-parte on 02/0112025

¶13

JUDGEMENT

¶14

¶15

The Applicant Bank^{filedthe present O.A.being No. 0'A'/61/2024 on 1710112024for} recovery of a total sum^{of Rs. 26,88,446/-(Rupeestwenty sixlakh eighty eightthousand} four hundred and^{forty six only) fromtheDefendantstowards Home Loan and Loan for} Insurance Premium together^{with interest, cost and other usual reliefs'}

¶16

2'TheDefendantsareservedwithsummons'Thedefendantsdidnotappear,astherewasno representation from the^{defendants,the casewasfixed for ex-partehearing on O2lol/2025'} and heard ex_Parte accordlnglY.

¶17

The Applicant Bank examined^{9 documents through Ms. Babli Shaw,Managermarkedas} Exhibit annexure-A-1 to Exhibit^{Annexure_A_g.}

¶18

Heard the Ld. Counsel^{for the ApplicantBank.}

¶19

The point that arises for consaderation is :

¶20

Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

¶21

As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affrdavit coupled with the recitals in the documents viz., Exhibits Annexure-A-1 to Exhibit Annexure-A-9 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 severa y liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

¶22

In the result, the present Original Application is allowed ex-parte with costs, as under:-

¶23

ORDER

¶24

(1) o A. No. 6r of 2024 fired by the Appricant Bank is alowed and debt is determined with cost against the defendants. tt is hereby ordered that applacant bank is entiued to recover from the defendants the totat amount to the tune of Rs. 26,88,446/- (Rupees twenty six lakh

¶25

J eighty eigtrt thousand four hundred and forty six only) with pendentelite and future interest @ 8.70olo^per annum interest with simple on the amount due from the date of filing of the Original Apptication i,e. 17/01/2024 tilt tull and final realization of the claim amount.

¶26

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Appticant Bank after fiting of the O.A. the same be taken into account white arrivjng at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

¶27

(3) Defendants are debarred fro beroneins to them tir, ,." ","IJ,i'.i'.1t","."T:llJ"::l]:;':1"";J,J.:::,:'r"".'

¶28

(4) Defendants are given a time of thirty days from the date of th€ ludgement/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 appricant bank rs entifled to recover its dues by sare of secured assets, rf any. Appricant bank is arso entiaed to proceed against personat properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

¶29

(5) Let the Certificate of Recovery be drawn up by Ld, Registrar forthwith in terms of

¶30

ludgement for issuance of the same against defendants in favour of the applicant bank

¶31

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

¶32

same for isslrance of the Certificate.

¶33

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the

¶34

defendants in accordance with law.

¶35

(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in 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.

¶36

(8)The parties are directed to appear before the Recovery Ofrcet on !7/02/2025 for further action^jn accordance with law in the event the entire amount is not paid by the said date,

¶37

the orieinar Apptication beine o.A. No. 61 of 2024 is a owed and stands ;:.#:r,jl

¶38

Copy of th€ ludgemenvFinal Order loaded in the Tribunalt website' File is consigned to $," n".o.a noor,ll

¶39

iff :ff :":";iT?f i;:."',':l*#.;,.il'J-:t5*1l,f "ea"na

¶40

( KAMAL DE ) pneslotwc orrrLen.

¶41

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

¶42

Case No. OA No. 61 of 2024 IDBI BanK Ltd.
Rajesh shaw
Date of Order Order - with signature
Order No.07
Order pronounced (vide separate sheets),
Dt.l5/01/2025
In the result, O.A. No. 61 of 2024 is allo$red with costs. Issue
Recovery Certifi cate accordingly.
Presiding ( Kamal De Officer) --
DRT-3, Kotkata

Idbi Bank Ltd. v. Rajesh Shaw

Case brief

What is this about?

What did the court decide?

Idbi Bank Ltd. v. Rajesh Shaw

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

Coram

Case details

Similar cases

State Bank of India versus Riya Ghosh and Anr.

Punjab National Bank versus Rajesh Kumar Thakur and Anr.

Sujit Kumar Mondal versus Punjab National Bank

Smt Ashoka Chakraborty and Anr. versus Uco Bank

Probir Ghosh and Ors. versus Aadhar Housing Finance Limited

Sk Mahasain versus Punjab National Bank