Allowed

Indian Bank v. Kudduchh Ali

DRT20 Jun 2025OA/741/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte original application filed by Indian Bank for the recovery of a term loan of Rs. 22,97,903 along with interest and costs from the borrower, Kudduchh Ali, who failed to appear. The Tribunal directed the issuance of a recovery certificate.

What did the court decide?

Recovery Certificate issued for Rs. 22,97,903 with pendent lite and future interest at 8.75% p.a.; 30-day payment period granted; Defendants debarred from transferring properties.

Indian Bank versus Kudduchh Ali — 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, 741 OF 2024.

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DATE OF DELIVERY OF ORDER I 20I0612025

¶5

lndian Bank is a body corporate constituted under the^{BankingCompanres} (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 254 250, Avvai Shanmugam Salai, Royapettah, Chennai-600014 and branches^{inter ala} at Indian Bank Hridaypur Branch at Hridaypur,^{Jessore Road, Post Office_ Barasat,} Police Station- Barasat, District- 24 Parganas^{(N), Kolkata-700124,westBengal,} within the^jurasdaction of this Ld. Tribunal.

Appl cant Bank.

-Versus-

Kudduchh Ali (PAN No. BWEPA22TTE), Son of Joynal Ali, is a Borrower/ Ivortgagor herein, having its residence at Village- Shasan, (lYolid Dukan), Post Offrce- Shasan, Police station- Shasan, District- North 24 Parganas, PIN'743423, wrthrn the lunsdiction^{as aforesaad.}

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Defendant.

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Counsel for the Applicant Eank:

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S. P. Choudhuri, Advocate

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Set ex-parte on 11/06l2O2s

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JUDGEMENT

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¶16

The Applicant Bank filed the^present O.A. being No. O.A./)4112O24 on 02/12/2024^fo( recovery of a total sum of Rs,22,97,9031-^(Rupees twenty two lakh ninety seven thousand nine hundred and three only) from the Defendants towards Term Loan together with interest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants dad not appear, as^{therewas no} representation from the defendants, the case was fixed for ex-parte^{hearingon ll/0612025,} and heard ex-parte accordingly.

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The Applicant Bank eramined 16 documents throuqh Srt Santosh Ram, Senlor Manager marked as Exhibit Annexure-A to Exhibit Annexure-A-15.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consrderation is :

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whethe. the Applrcant Bank is entitled to the claim made in the OA agalnst the^DefendanLs and OA schedule^properties as^prayed for?

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As stated supra, the Defendants remained absent and dad not turh up^{to controvertthe} versaon of the O.A. of Applicant Bank. The Evidence Affidavit coupled^with the^{recitals in the} documents viz., Exhibits Annexure-A to Exhibit Annexure_A-15 marked on^{behalfof the} Applicant Bank, established the claim of the Applicant Bank against the Defendants and^oA schedule properties. Hence, I hold that the Defendants are iointly 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 Applicataon is allowed ex-parte with costs, a5 under:_

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ORDER

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(f) O.A. No. 741 of 2024 filed by the Applicant Bank is allowed and debt as determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to^{recover from} the defendants the total amount to the tune ot Rs.22,97,903/-^(Rupees twenty two lakh ninety seven thousand nane hundred and three only) t4ith pendentelate and future interest @ 8.75olo^per annum^{interestwith simple on the amount due from the dateof filingof the} Original Application i.e. O2l12/2024 till full and final realization of the claim amount.

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] {z)^{nmount, if any, paadby the defendants in the loan accountsor amount, if any, recoveredby} the Applicant Bank after filang of the O.A. the same be taken into account while arriving at the exact amount of dues/debt^payable by the defendants, Accordingly,^pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposinq, alienating or dealing with any of the propertres belonging to them trll 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 ludgement/Final Order for repaying of the above mentioned dues, so antimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank as entjtled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to^proceed aqainst personal properties of the defendants (Both movable and tmmovable) and also proceed against the defendants^peasonally to recover the dues in accordance with law.

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(5) Let the Certaficate of Recovery be drawn up by Ld. Regastrar forthwith rn terms of ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and^put up 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 rn accordance wrth la,.

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f)^{ra. a"gi.tru.of this Tribunal is directed to deliver recovery certificate rn termoF theFinal} order/judgement for recovery of^{the sum against the defendantin favour of theApplLcant} Bank under Section 19⁽²²⁾ of the^Recovery of^{Debtsdue to the Bank andFrnancial} lnstitutions Acl, 1993 now known as^Recovery of^{Debtsand EankruptcyAct,1993}

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(B)The partres are directed to appear before the Recovery Officet^{o^ 22/OJl2a25for further} action rn accordance with lawⁱⁿ the^{eventthe entrre amount is nol paidby the sarddate'}

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Accordinqly, the Original Application belng O^{A. No741 of 2024rs allowedandstands} drsposed of.

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Copy of the Judgement/Final Order be uPloaded^{in the Tribunal's website.} Frle is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected,^{sagned and} pronounced by me in the open Court on the 2oth day of lune, 2025)

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( KAI4AL DE ) PRESIDING OFFICER,

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

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Case No. OA No,74t of 2024
Indian Bank
Kudduchh Ali
Order with signature
Order No.06
pt.20/06/2025 Order pronounced (vide separate sheets).
In the result, O.A. No. 741 of 2024 is allowed with costs. Issue
Recovery Certaficate accordingty.
{ Kamat De )
prestding Officer
DRT,3, Kotkata
5S

Indian Bank v. Kudduchh Ali

Case brief

What is this about?

What did the court decide?

Indian Bank v. Kudduchh Ali

Case brief

What is this about?

What did the court decide?

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