Allowed

Bank of India v. Ms Jiyaa Marketing Private Limited and Ors.

DRT18 Aug 2025TA/6/2025

Case brief

AI extract

What is this about?

A Debts Recovery Tribunal allowed an ex-parte original application filed by Bank of India against M/S. Home Marketing Pvt. Ltd. for recovery of a secured debt of Rs. 24,45,53,479.31 following the non-appearance of respondents.

What did the court decide?

Recovery certificate to be issued for Rs. 2.44 crores with future interest; respondents given 30 days to pay or face asset sale.

Bank of India versus Ms Jiyaa Marketing Private… — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.ItT KOLKATA PRESET{T: -SRI KAMAL DE.

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PRESIDING OFFtCER.

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T.A. No. 6 OF 2025.

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OATE OF DELIVERY OF ORDER: ta/Og/2125

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Bank of Indla, a body CorDoratr (Acquisition "na^{i,"nri"i6rrjia""i;fl;lT[,l"r.r.T"T;r,i;",,."r::,Jr"":."Jjill::} [:::"?ff^{]]tH#fi '":;;t",t:i?Jtlqt,iii-:t',',j,1#*,ff}

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Applicant.

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-Versus-

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i;#'ljil!liilj?i#^{A/t.Ltd.Frat No.rc,} lsrFroor,^{ps-Marvera,44,} New ransra

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i;'i*iiJ[i1il";,31",i1'llll.r?d;,,'',:,"j,ii#[,it."^l#;j"xi;-,j:::

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ii"iE;#il3:!j,,:r?,#, Hi[ jg;f T^:i[,:i"t1"l""j;{,,;,ffi fl";;",* *,

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... Defendants,

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Counsel for the Applicant Bank: -

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Ms. Apardtta Ghosh, Advocate,

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Set ex-parte on l1/08/ 2025

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JUOGEMENT

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The Appticant Bank flted the presen oiary No.r22s * .or, il:li bet.:s..No rN6/202s on t6/ot/2 (arisins qu1 tr xottata) ror ,.;'";'" " ^u Rs.2,4s,s3,47g.31/- tr*". ,,rjt^'' Hundred seventy-Etsl,t tor-r,r" ;;;;: #::#iJj "na^rhr_^lloll racntres toeeurer wit'h ilJ#;::: fi::;:li.J:X the Derendants towards credit

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The Defendants are served with sun representation t , " "d""o:'I:tl"defendants did not appear, as there was no and heard ex-parte a;"";;;;;:'' rne case was fixed for ex-parte hearrns on 1r.08,202s,

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The Appltcant Bank examlned 3l doc orrndia marked as E;;;;;;:::lllli^,ill1"il,ta Bose, chier Manaser, Bank

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arlses for consideration is i

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

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As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank, The Evldence Affidavit coupled with the recitals in the documents vlz., Exhlblt Annexure-A to Exhiblt Annexure-N marked on behalf of the Applicant Bank, established the ctaim of the Appticant Bank agaanst the Defendants and OA schedule propertles. Hence, I hold that the Oefendants are jotnfly and severafiy abte to pay to the Applicant Bank the clalms made in the OA with future interest and costs.

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In the result, the present Orlglnal Appltcation is allowed ex-parte with costs, as unde _

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ORDER

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(1) T.A No.6 of 2025 fired by the Applrcant Bank is aflowed and debt is determined wath cost against the defendants. It is hereby ordered that applicant bank ts entifled to recover from the defendants the total amount to the tune of (Rupees Two Crores Fortty-Flve Lacs Fifty_ Three Thousand Four Hundred Seventy-Elght and Thlrty_one palse only) wlth pendentelite and future rnterest @ 1o.45yo per annum interest with srmpre on the amount due from the date of filrng of the origrnar Applcation r.e 24.12.2024 fllr ful and finar rearization of the claim amount,

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(2) Amount, if any, pald by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after flling 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 lnterest shall be calculated on the reduced amount.

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(3) Defendants are debarred from dtsposlng, alienaflng or dealing wtth any of the properfies belonging to them ull the aforesaid decretal debt ts recovered from the defendants.

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(4) Defendants are gtven a time of thlrty days from the date of the Judgement/Ftnal Order for repaying ofthe above menfloned dues, so lnflmated to them. In case the defendants fail to pay the dues wlthin the above mentioned time, the applicant bank is entifled to recover its dues by sale of secured assets, tf any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovabte) and atso proceed against the defendants personally to recover the dues ln accordance with law,

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(s)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for lssuance of the same agalnst defendants ln favour of the applicant bank

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under Secion 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certiflcate.

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

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defendants in accordance wlth law,

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(7) Ld. Registrar of this Trlbunat is directed to deliver recovery certificate in term of the final

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order/judgement for recovery of the sum against the defendant in favour of the Applicant

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Bank under Sestlon 19 (22) of the Recovery of Debts due to the Eank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are dlrected to appear before the Recovery Officer on 23/09/2025 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 Origlnal Applicatlon belng T.A. No.6 of 2025 (arlsing out of Diary No. 1225 of 2024 of DRT-1, Kolkata) is allowed and stands dlsposed of.

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Copy of the Judgement/Final Order be uploaded in the Tribunal,s website.

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File is conslgned to the Record Room.

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(Dictated to steno, transcribed by him (sh), corrected, signed and pronounced by me in the open court on this the lgti day of A!9ust,2025.

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(KAT4ALDEi^---- PRESIDING OFFICER.

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

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Case No. TA No.6 ot 2025 Bank ot India
Vs.
ill3. Jiv.a lr,lark€tino Pvt. Ltd. & Ors.
Date o, Order Order with signature
Order No.07 Order pronounced (vlde separate sheets).
Dt. 18/08/2025
ln the result, T.A. No. 6 of 2025 (arising out of Diary
No. 1225 of 2024 of DRT-I, Kolkata) is allowed with costs.
Issue Recovery Ceftificate accordingly,
( Kamat De )
Presiding Officer
DRT-3, Kolkata

Bank of India v. Ms Jiyaa Marketing Private Limited and Ors.

Case brief

What is this about?

What did the court decide?

Bank of India v. Ms Jiyaa Marketing Private Limited and Ors.

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

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