The Debt Recovery Tribunal allowed the bank's original application for recovery of dues of Rs. 47.34 lakhs plus interest under the RDB Act, 1993, and directed issuance of a recovery certificate.
Order directing defendants to pay Rs. 47,34,400.84 with interest and issue a recovery certificate.
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O.A. No.277 of 2024
Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi
Presiding Officer: Shri Govind Ballabh Sharma
O.A. No. 277 of 2024
Canara Bank 3478/3479, Nicolson Road Mori Gate, Delhi-110006 Applicant Versus 1. M/s Kalka Packaging A-225, Block A, Aali Vihar, Delhi-110076
FINAL ORDER
This original application has been filed by the applicant bank on 28.03.2024 through Shri Shalu Kumar, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act,1993 read with Rule 8 of the Debt Recovery Tribunal (Procedure) Rules 1993 against the defendants for recovery of a sum of Rs.47,34,400.84 (Rupees Forty Seven Lacs Thirty Four Thousand Four & paisa Eighty Four only) as on 01.10.2023 together with pendentelite and future interest @contractual basis with monthly rests from 01.10.2023 together with costs.
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the defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants.
ORDER
5d ---
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a sum of Rs.47,34,400.84 (Rupees Forty Seven Lacs Thirty Four Thousand Four & paisa Eighty Four only) as on 01.10.2023 together with pendentelite and future interest @10.20% per annum with monthly rests from 01.10.2023 till the date of its realization failing which the aforesaid amount shall be recovered from the sale of hypothecated stocks and book debts etc. In case of shortfall, the same shall be recovered from the sale of movable and immovable properties of the defendants.
(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi. (Ill) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 28.09.2026.
(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.
c (GOVIND BALLABH Si-IARMA) PRESIDING OFFICER DRT-I, DELHI (Dictated and pronounced in open court) Dated: 30.07.2026
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2 issues framed by the court
Whether the applicant bank is entitled to recover dues and interest on the loan facility granted to respondents.
Whether the tribunal can allow an original application for recovery in the absence of the defendants who were proceeded ex-parte.
2 provisions across 2 enactments
Canara Bank
M/s Kalka Packaging
Sh. Subodh Kumar
Govind Ballabh Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
