BANK OF MAHARASHTRA vs SRI SOMENATH DEY on 4 April 2024

J U D G M E N T

1. The present Recovery Application is filed by the Bank of Maharashtra, nationalized Bank carrying on business of Banking all over India including its Branch Office at Salt Lake, BE,84 Sector-1, Salt Lake, Bidhannagar, Kolkata-700064, P.S. Bidhannagar, District North 24 Parganas for recovery of Rs. 18,12,029.58P including interest, interest pendentilite and further interest at the rate with a minimum of @ 16.50%, 12%, 14.75%, 15.50% p.a. (BPLR – 2.50%) per annum (BPLR – 2.50%) with monthly rests from 22/08/2005, 10/08/2006, 21/08/2006 and 27/09/2007 against the Defendants till RC 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 “Statesman” (in English) and in the “Sambad Pratidin” in Bengali) both are published on 20/10/2022 from Kolkata. Despite substituted service of summons and giving sufficient time, the Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the matter was declared ex-parte on 23/02/2024.

3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Rajiv Kumar, Manager of the Bank annexing the various documents by way of affidavit 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 liable to pay jointly or severally Rs. 18,12,029.58P including interest, interest pendentilite and further interest at the rate with a minimum of @ 12%, with monthly rests from the date of filing this application from 26/09/2013 against the Defendants till payment and/or realization. iii) It is declared that the claim is secured by mortgaged of immoveable property described in the schedule”X-1” of the OA at page-24. 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 RC 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 on 15/05/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No.886 of 2013 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 4th April,

Place: Kolkata ( Ambuja Mohan Das ) Date: 4th April, 2024 Presiding Officer Page No.- Order Sheet (continuation) Case No.T.A/886/2013 Bank of Maharashtra -vs- Sri Som Nath Dey & Ors. Date of the order Order with signature Office action with date and dated signature of parties when necessary

RC 4th April,

Ld. Advocate Mr. Amit Gupta appears for the applicant bank No one is present on behalf of the Defendants. Matter was heard in open Court on this the day of 23/02/2024. 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 liable to pay jointly or severally Rs. 18,12,029.58P including interest, interest pendentilite and further interest at the rate with a minimum of @ 12%, with monthly rests from the date of filing this application from 26/09/2013 against the Defendants till payment and/or realizationIt is declared that the claim is secured by mortgaged of immoveable property described in the schedule”X-1” of the OA at page-24. iii) Let, a certificate be issued accordingly. iv) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. v) 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. vi) The parties are directed to appear before the Recovery Officer on 15/05/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No.886 of 2013 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 4th April, 2024) Place: Kolkata ( Ambuja Mohan Das ) Date: 4th April, 2024 Presiding Officer