Allowed

Bank of India v. Suman Bhattacharya

DRT20 Mar 2025TA/13/2024

Case brief

AI extract

What is this about?

This judgment fixes a case for ex-parte hearing due to defendant absence. The Debts Recovery Tribunal allowed the Transfer Application filed by Bank of India for recovery of an outstanding housing loan amount, determining the debt and issuing directions for recovery.

What did the court decide?

Approved recovery of ₹32,46,251.04 with future interest @ 7.10% per annum; issued Recovery Certificate under Section 19(22); barred defendant from property disposal.

Bank of India versus Suman Bhattacharya — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III^l(OLKATA PRESENTI -SRI KAMAL DE.

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PRESIDING OEFICER.

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T.A. No. 13 OF 2024.

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DATE OF DELMRY OF ORDER | 2OlO3/2O2s

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Bank of India, a body corporate constituted under the^{BankingCompanies} (Acquisition and Transfer of Undertakings) Act, 1970 and having its^Head Office^at Star House, C-5, Block-G, Kurla Complex^{Bandra(East),lYumbai-400051and} carrying on rts business from its Lindsay Street^{Branch,at 8-A LindsayStreet,P.S.'} New lvlarket, Kolkata-700087, within the^jurisdiction of^{this Ld. Tribunal}

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Applicant 8ank.

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-Versus-

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Suman Bhattacharya,

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a) Flat No.- A-9, South^{Eastern RailwayCo-OperativeHousingSociety, P.O- Oulia,} I'lourigram, Howrah-71 1302.

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b) Flat No.- P-05, fⁱ Floor, G+2^{Storied building, Holding No. 583,DeodarPlace,} Khudiram l'1etro Station, Near Remedy Clinic,^{P O. & P.S.- Patuli,KMC Ward No-} 29. Distrlct- South 24 Pargana,^Pin-700084.

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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 27102/2025

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JUDGEMENT

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The Applicant Bank filed the^{present TA being No.TA/13/2024on 19/06/2024 (arising out} of Diary No. 535/2024^{filedbefore DRT-I, Kolkata)for recoveryof a total sumof Rs} 32,A6,25!,041-^{(Rupeesthirty two lakheighty six thousandtwo hundredfifty one andparsa} four only) from the Defendant^{towards HousingLoan togetherwithinterest, cost andother} usual reliefs.

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The Defendants are served with summons.^{The defendantsdid not appear, as there was no} representation from the defendants,^{the case was fixedfor ex-partehearing on 27/0212024,} and heard ex-Parte accordinglY.

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The Applicant Bank examined 18^{documents through Debahuti Changmai, ChiefManager} marked as Exhibit Annexure-A-1^{to Exhibit Annexure-A-8.}

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Heard the Ld. Counsel for the Applicant^Bank.

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The point that arlses for arlses for for consideratlon^is:

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The point that arlses for arlses for for consideratlon^is: Whether the Applicant Bank^{is entltled to the claim made in the TAagainstthe Defendants} and TA schedule^properties as^prayedfor?

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As stated supra, the Defendant rcmained absent and did not turn up to controvert^the version of the T.A. of Applicant Bank. The Evidence Affidavit coupled^{with the recitals in the} documents viz,, Exhlblts Annexure-A-1 to^{Annexure-A-8 marked on behalf of the Applicant} Bank, established the clalm of the Applicant Bank against^the Defendants^{and TA schedule} properties, Hence, I hold that the Defendants are^jointly and severally liable to^pay to the Applicant Bank the claims made in the TA wlth future interest and costs.

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In the result, the^present Original Application^{is allowed ex-Partewath costs.as under:-}

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ORDER

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(1)T.A. No, B of 2024 filed by the Applicant Bank is allowed and debt is determined^withcost against the defendants. It is hereby odered^{that applicantbankis entitledto recover from} the defendants the total amount to the tune of Rs. 32,A6,251.04/-^{(Rupeesthirty two lakh} eighty six thousand two hundred fifty one and^{paisafour only)with pendentelite and future} interest @ 7.1oor'o^per annum interest wlth simple^{on the amount due from the dateof} filing of the Transfer Appllcation i.e 19/06/2024 till^full and^{final realizationof the claim} amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount,^{if any, recoveredby} the Applicant Bank after filing of the^T.A. the^{same be taken into account while arrivrngat} 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 disposlng, allenating or dealing^{with any of theproperties} belonging to them tlll 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 JudgemenvFinal^Orderfor repaying of the above mentioned dues, so^{lntlmatedto them. In case the defendants fail} to pay the dues withln the above^{mentionedtime, the applicant bank is entitledto recover} its dues by sale of secured assets, ifany. Applicant^{bankis also entitledto proceed against} personal properties of the defendants (Both movable and immovable) and also^proceed against the defendants^personally to^{recover the dues in accordance withiaw-}

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in^termsof Judqement for issuance of the same^{against defendantsin favour of theaPplicant bank} under Section 19⁽²²⁾ of the Recovery^{of Debtsand BankruptcyAct, 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 in accordance with law.

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(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 defendantin favourof the Applicant} Bank under Section 19⁽²²⁾ of the^Recovery of^{Debtsdue to the Bank and Financial} Instatutions Act, 1993 now known as Recovery of Debts^{and BankruptcyAct, 1993.}

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(8)The parties are directed to appear before the Recovery Officer on 22104/2025 for further action in accordance wlth law in the event the entire amount ls not^paid by the said date.

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Accordingly, the Transfer Applicatlon being T.A. No. 13 of 2024^(arlsing out of Diary No. 53512024 flled before DRT-1, Kolkata) ls allowed and stands dlsposed of.

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Copy of the JudgemenvFinal Order be uploaded in the Tribunal's webslte. File is consigned to the Record Room.

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(oictat€d to steno, transcrlbed by her, correct€d, Signed and pronounced by me in the op€n court on this the 20s day or lhrch, 2025)

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( KAMAL DE ) PRESIDING OFFICER,

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Debts Recovery Trabunal-3,^Kolkata Order Sheet (Continuation)

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caseNo.TANo	.13of2024 Bankof India Sumanthattacharya
DateofOrder	Orderwithsignature
Order No.06 Dt.20 /03^/2025	Order pronounced^(videseparate^sheets),
	lntheresult. T.A. No. 13of2024^{(arisingoutofDiaryNo.} 535/2024 filedbeforeDRT-1,Kolkata)^{isallowedwithcosts.} IssueRecoveryCertiflcate accordingly.
ss	(KamalOe) PresidingOfficer DRT-3, Kolkata

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

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Case No.T.A./	Bankoflndia vs. Suman Bhattacha 13/2024
Date of Order	Orderwithsignature
OrderNo.05 Dt.27/02/2025	Present:.
	ForApplicant:Ld,Advocate SubhadjpBasu ForDefendants:None
ss	The Registryhasissued noticeto theDefendantjnterms of orderpassedbythisTribunal.Defendanthasnotturnedup despitethefactthatthenotices have been serveduponthe Defendant. Applicant prayedforhearingof thecaseex-parte. Thematterispending since2024.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed. TheTAproceedsex_parte, HeardtheLd Counselfor the Applicant.Reservedfororc,er. Applicant mayfile wrtttennotesof arguments. fo20/03/2025for order,
	(Kamat De) Presiding Officer DRT,3,Kotkata

Bank of India v. Suman Bhattacharya

Case brief

What is this about?

What did the court decide?

Bank of India v. Suman Bhattacharya

Case brief

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