Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs M S GOODWILL on 15 May 2025
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 1083 of 2013
DATE OF DELIVERY OF ORDER : 15th May,2025
Bank of India, a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at Star House, C-5 Block – G, Bandra, Kurla Complex Bandra (East), Mumbai – 400051 and carrying on business at and from its Branches amongst others at the Premises No. 26, Sarat Bose Road, P.S. Ballygunge, Kolkata – 700020 commonly known as Bank of India, Sarat Bose Road Branch.
..............APPLICANT
versus –
1. M/s. Good Will, a proprietorship business of Sri Vaskar Das Gupta, the Defendant no. 2 herein, having its office and/or principal place of business at 33A, Meghnad Saha Sarani, P.S. Ballygunge, Kolkata –
700029 and also residing at 8/C, Janak Road, Kolkata – 700029.
2. Sri Vaskar Das Gupta, s/o. Late Bimal Das Gupta, Proprietor of M/s. Good Will, the Defendant No. 1 herein carrying on business at 33A, Meghnad Saha Sarani, P.S. Ballygunge, Kolkata – 700 029 and also residing at 8/C, Janak Road, Kolkata – 700029 within the jurisdiction as aforesaid.
3. Smt. Manjushree Das Gupta, w/o. Sri Vaskar Das Gupta residing at 8/c, Janak Road, Kolkata – 700029 within the jurisdiction as aforesaid.
4. Smt. Kaveri Basu, d/o. Sri Gomej Basu, residing at 4B, S.R. Das Road, Kolkata – 700 029 within the jurisdiction as aforesaid.
...........DEFENDANTS
Counsel for the Applicant Bank : Mr. D. K. Banerjee.
Counsel for the Defendants : None appears.
Set ex-parte on 26.3.2025.
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J U D G M E N T
1. The present Recovery Application is filed by the Bank of India, nationalized Bank carrying on business of Banking all over India including from its Branch Office at the Premises No. 26, Sarat Bose
Rina S. Road, P.S. Ballygunge, Kolkata – 700020, for recovery of Rs.14,52,605.46p., with interest as per contractual rate from 01.10.2012 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/ mortgager.
2. The service of summons could not be effected upon the Defendants in usual mode of postal service. Hence, by the order of this Tribunal, the summons were served by substitute service by publishing in the newspapers in the ‘Telegraph’ (in English) and in the ‘Ananda Bazar Patrika’(in Bengali) on 8.9.2014 and its corrigendum dated 25.11.2014 published from Kolkata. Despite substituted service of summons and giving sufficient time, the Defendant neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the matter was declared exparte on 26.3.2025.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Pradyat Kumar, Senior Branch Manager of the Bank, annexing various documents which are exhibited.
4. I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost. In the above circumstances it is ordered :
O R D E R
i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs.14,52,605.46p., with interest as per contractual rate from 01.10.2012 against the Defendants till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule in the OA at page 25. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.
Rina S. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer II on 17/06/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Transfer Application being T.A. No. 1083 of 2013 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 15th May,2025) Place : Kolkata ( Ambuja Mohan Das ) Date : 15th May 2025 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA 1083 OF 2013 BANK OF INDIA –VS- M/S. GOOD WILL & ORS. Date of the order Order with signature Office action with date and dated signature of parties when necessary 15th 15/05/202
Ld. Advocate, Mr. D.K. Banerjee, appeared for the Applicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 26.3.2025. The detailed order in three pages annexed separately. The gist of the order is as follows:
O R D E R
i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs.14,52,605.46p., with interest as per contractual rate from 1.10.2012 against the Defendants till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule in the OA at page 25. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer-II on 17/06/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Transfer Application being T.A. No. 1083 of 2013 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 15th May,2025)
Rina S. Place : Kolkata (Ambuja Mohan Das) Date : 15th May2025 Presiding Officer