Allowed

Bank of India v. Shabnum Khatoon

DRT23 Apr 2025OA/732/2024

Case brief

AI extract

What is this about?

In an ex parte hearing, the Tribunal allowed the Oversight Application filed by Bank of India for recovery of Rs. 31,35,000 from Shabnum Khatoon towards an omitted Cash Credit allowing for future interest and recovery proceedings under RDB Act.

What did the court decide?

Debt of Rs. 31,35,000 with future interest at 10.40% p.a. allowed with costs; recovery certificate issued; defendants debarred from alienating properties.

Bank of India versus Shabnum Khatoon — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-IIt KOLXATA PRESENT: -sRI KAMAL DE.

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PRESIDING OFFtCER.

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O.A. No. 732 OF 2024.

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DATE OF DELIVERY oF oRDER I 23104/2025

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Bank of India, a body corporate consUtuted under the Banking Corllpanres (Acquisition and Transfer of Undertakings) Act, 1970 and havjng its Head Office at Star House, C-5, Block- Kurla Complex Bandra (East), t4umba|-4OOO51 and carryrng on its business from its Lindsay Street Branch, at 8-A Lindsay Street, p.S., New Market, Kolkata-700087, within the jurisdiction of this Ld. Trtbunat.

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Applicant Bank.

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-Versus-

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l. Shabnum Khatoon,^prop, of M/s. pooja,

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a) WB-141 Basement, New Market, New Complex, Kotkata-700087. b) a, Elot Lane, Siddiqur Manzt,2,o Floor, paik Street, Kolkata_70001f.

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Defendant.

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Counsel for the Applicant Bank:

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Subhadip Basu, Advocate,

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Set ex-parte on 09/041202s

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]U DGE 14 ENT

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The Applicant Bank filed the present o.A. being No. o.A,/732/2024 on 11112/2024 for recovery of a total sum of Rs, 31,35,000/- (Rupees thirty one lakh thirty five thousand onty) from the Defendants towards Open Cash Credit together with interest, cost and other usual reIefs.

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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 hearang on 09/04/2025, and heard ex-parte accordingly.

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The Applicant Bank examined 12 documents through Sudarshana Ghosh, Chief Manager marked as Exhibit Annexure-A-1to Exhibit Annexure-A-7.

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.1. Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideratton ts :

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whether the Appricant Bdnk is entiued to the claim made in the oA against the Defendants and OA schedute properties as prayed for?

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6 As stated supra, the Defendants remajned absent and did not turn up to controvert the version of the o,A. of Appricant Bank, The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure_A-1 to Exhibit Annexure-A_7 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 joinUy and severa y liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In rhe resurt, the present originar Apprication is aflowed ex-parte with costs, as under:-

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ORDER

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(1) O.A. No. 732 of 2024 fited by the Applicant Eank is allowed and debt is determined with cost

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agarnst the defendants. Il the defendants the total is hereby ordered that applicant bank is entifled to recover from thi rtv rive thousand "",r,"fi;":i:.1:":Xl""ll il il']i:ll'r' (Rupees thirtv one,ak h interest with simpre on the arno,nr r,,-,- _-^-"": 'u.,re^rnrerest @ 11,40olo per annum o,e from the date of firing of the originar Apprication i.e.

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tt/12/2024 rrr,, un, ,,n.]'olnt ,t realization of the claim amount.

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(2) Amount, if any, paid by th€ ro the loan accounts or ar

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the Applicant Bank after ,,'^ol':"::"": ir anv' recovered bv the exact amounr o, or".;l:.:t the o A the ""'" '; t";;,;I"unt'

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ruture interest sha, o" .",.,I:.ot irated on ,'"'"0" ' "" the reduced;;;;;;^{t"t"*"""." -Accordinery, 'r'.oaccount pendenterte while arriving} ancr^ar

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(3) Defendants are debarred fr dlsposlng' alienating or dealing v

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belongrng to them trfl the ak u,.,un,., ,resaid decretar debt ; ;:;,u; ;ilil"-

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(4) Defendants are given a time repavrns of the "oor"^{,n.n,,"llinlt} davs from the date of the ("E J udgement/Final order for pay rhe dues itt,in tt" "oojl"i-1'""' 'o'nt''u,".^,-o-,n'- t defendants farl to t.t-nt'on"o nr", "" "u."", o;": o "nt''uo to recover its dues by sare of secured "rr.i persona, properties , " o.t:-j-ll' -o""t loott moor"'ana-'3' o#,r-"oo"- rtitled to proceed against agoinst the defendan,, 0"..o:':n1"nt' a,so proceed arry to,ecove. *,e o,;; ; :::ilT:Jill?,€nd

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(5) Let the Certificate of Recov, Judgement ".^o"r ",^{,ll"--t" "u'n} against defendants^{up by Ld. Regrstrar} in favour^{forthwith in termsof} ,nder section ,, rrrl .r,n" r"^-1'e same for .ssuance of ,n" ."n,r,'"1to"1"' o' '"ott "". ,"*r..', ;:'J 1"I Jfl:"J:rtil:

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(6) Ld. Recovery Officer shalt rea defen63115;n accordance with rlize the amount as per the Recovery certificate from rhe

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(7) Ld. Registrar of this Tribunal ordey'judsemen*o. .".o,"r'l,olll'fl'il:::il::J,il:::,tI;:j:.::Tr:'^J .j:J Bank under section 19 (22) of the Recovery of Debts due to the Bank and Frnanciar Institutions 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 Ofhcet on 23/OS/202s for further action tn accordance with law in the event the entire aaor",,a

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"o,^{ru,O by the said date.}

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;#:r:i the originat Apptication beins o.A. No. 732 or 2024 rs altowed and srands

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Copy of the ludgement/Finat O rder be uploaded in the Tribunal's website. Frre is consigned to the Record

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I,?fi fff :"f .'jTJ'J?;:T,i::3LT:".il.J-:r3qf

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;ssnedand

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( xer,rer- oe l- pnestouvc orrlien

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

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Bank of India
case No. OA No. 732 0f 2024
bnum Khatoon
oiiiie *aon.itt
Date af Order Order with signature
qd-sr No.06 Order pronounced (vide separate sheets)'
u.2ilA412.08
In the result, O,A. No. 732 of 2024 is allowed with costs lssue
Recovery Certificate accordingly'
( Kamal De )
Presiding Officer
DRT-3, Kolkata

Bank of India v. Shabnum Khatoon

Case brief

What is this about?

What did the court decide?

Bank of India v. Shabnum Khatoon

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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