STATE BANK OF INDIA vs MR AJAYA KUMAR MAHAPATRA on 22 July 2022

JUDGMENT

1. This is an Transfer Application arising out of an original application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 initiated by the applicant against the defendant praying for issuance of Recovery Certificate to the tune of Rs.10,09,252/- (Rupees Ten Lacs Nine Thousands Two Hundred Ninety-two only) together with interest, cost and other usual reliefs.

2. The brief facts of the case as made out in the Original Application by the applicant bank is that on being approached by the defendant, the applicant bank had sanctioned Cash Credit (PML) facilities in favour of the defendants with certain terms and conditions, which was accepted by the defendants. To avail the above cash credit facilities, the defendants had executed various loan documents in favour of the applicant bank.

3. After availing the loan, the defendants had utilized the said loan amounts in its business and operated the loan account at the initial stage but subsequently the defendant had failed to operate the said loan account in terms of the agreement between the parties as a result of which the loan account became irregular. A sum of Rs.10,09,252/- is due against the defendants which the defendants had not paid despite repeated demands and request. Finding no other way to recover the dues of the bank, the applicant bank had filed this Original Application for the recovery of the aforesaid amount and for the issuance of Recovery Certificate against the defendant.

4. Notices were issued to the defendants to show cause as to why the relief prayed for by the applicant bank be not granted. After issuance of the notice, the defendants neither appeared nor filed their show cause reply. Consequently, the said defendants were set ex-parte on 27.06.2022. The Tribunal had no other option but to hear ex-parte against the defendants.

5. I have heard the learned counsel for the applicant bank and have perused the relevant documents.

6. The defendant had not contested the case of the applicant bank. Thus, the point for determination in this case is (i) Whether the claim of the applicant bank is within time? (ii) Whether the defendant had utilized the loan facilities granted by the bank? (iii) Whether the defendant is liable to the amount due to the applicant bank or not?

7. The applicant bank by oral and documentary evidence has established its case. The documentary evidence comprises from Annexure/Exhibit A to Annexure/ Exhibit I, which are available in paper book filed by the applicant bank.

8. From the perusal of the documents referred above and the certified copy of the statement of account, which is filed as Annexure/Exhibit I, it is established that the defendant had availed the financial facilities from the applicant bank and had withdrawn the amount through the account.

9. The oral testimony comprises of an affidavit of Shri Navendu Kumar, Branch Manager of the then applicant bank. The averments in the application and the facts stated by the witness of the applicant in his affidavit are unrebutted.

10. From the perusal of the Statement of Account which is Annexure/Exhibit-A-2, the total outstanding comes to Rs.10,09,252/- (Rupees Ten Lacs Nine Thousands Two Hundred Ninety-two only) only which the applicant bank is entitled to recover from the defendant.

11. In view of the above discussion and after considering the entire evidence-on-affidavit of the applicant bank and the documents filed by the applicant bank, I have no hesitation to hold that the applicant bank is entitled to recover a sum of Rs.10,09,252/- (Rupees Ten Lacs Nine Thousands Two Hundred Ninety-two only) from the defendants who are liable for the same. The applicant bank shall also be entitled to interest pendentelite and future interest on the said amount at the rate of 8% per annum with monthly rests from the date of filing of the Original Application till the date of realization.

O R D E R

T.A. No.409 of 2013 arising out of O.A. No.344 of 2012 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs.10,09,252/- (Rupees Ten Lacs Nine Thousands Two Hundred

Ninety-two only) with pendentelite on the said amount at the rate of 8% per annum with monthly rests due from the date of filing of the Original Application, i.e. 07.03.2012 till full and final realization of the claim amount.

Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing 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 interest shall be calculated on the reduced amount.

Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

Defendants are given a time of thirty days from the date of the Judgment/Final Order for repaying of the above mentioned dues, so intimated to him. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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.

The parties are directed to appear before the Recovery Officer on 22.8.2022 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.409 of 2013 arising out of O.A. No.344 of 2012 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. (Dictated to Steno, transcribed by him, corrected, signed and pronounced by me in the Court on this the 22nd day of July, 2022) (AMBUJA MOHAN DAS) PRESIDING OFFICER.

Page No.- Order Sheet ( continuation) Case NO. T.A. No.409 of 2013 arising out of O.A. No.344 of 2012 State Bank of India Vs Mr. Ajaya Kr Mahapatra & Anr. Date of the order Order with signature Office action with date and dated signature of parties when necessary ____/07/202

tsm… Ld. Advocate Mr. Suvam Mondal, appeared for the Applicant Bank. None is present on behalf of the Defendants. Matter was heard in Court on this the day of 22nd July, 2022. The detailed order in 5 pages annexed separately. The gist of the order is as follows:

O R D E R

1. T.A. No.409 of 2013 arising out of O.A. No.344 of 2012 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs.10,09,252/- (Rupees Ten Lacs Nine Thousands Two Hundred Ninety-two only) with pendentelite on the said amount at the rate of 8% per annum with monthly rests due from the date of filing of the Original Application, i.e. 07.03.2012 till full and final realization of the claim amount.

2. Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing 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 interest shall be calculated on the reduced amount.

3. Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

4. Defendants are given a time of thirty days from the date of the Judgment/Final Order for repaying of the above mentioned dues, so intimated to him. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

5. Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

6. Ld. Recovery Officer shall realize the amount as per the R e c o v e r y Certificate from the defendants in accordance with law.

7. 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.

8. The parties are directed to appear before the Recovery Officer on 22.8.2022 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.409 of 2013 arising out of O.A. No.344 of 2012is 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 Steno, transcribed by him, corrected, signed and pronounced by me in the Court on this the day of 22nd July, 2022) . Place: Kolkata (AMBUJA MOHAN DAS) Date:22/07/2022 PRESIDING OFFICER