BANK OF BARODA vs M/S Kamala Informatics Pvt Ltd & Ors on 14 June 2019

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KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

Vs

<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 60%; text-align: center;">Order with Signature</th> <th style="width: 30%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td></td> <td> <p><b>TA/529/2001 Bank of Baroda Vs M/s Kamala Informatics Pvt. Ltd. &amp; others</b></p> <p><b>Date : 14.06.2019</b></p> <p>Shri R.D. Bagchi, Learned Counsel appeared for the Applicant Bank</p> <p>Shri D. Basu Roy, Learned Counsel appeared for the Defendant Nos. 1, 6, 7, 8 and 9.</p> <p style="text-align: center;"><b><u>ORDER</u></b></p> <p>1. Applicant Bank has filed an Application under Section 19 of the RDDBFI Act numbered as O.A./43/2000 on 19.01.2000 before Learned Debts Recovery Tribunal No. 1, praying for issuance of Recovery Certificate of Rs. 12,41,947/- (Rupees twelve lakhs forty one thousand nine hundred forty seven only ) as on 18.01.2000 and further interest from 19.01.2000 @ 16.75% p.a. with quarterly rest till realization and costs of the OA etc.</p> <p style="padding-left: 40px;">The O.A./43/2000 was transferred to Debts Recovery Tribunal No. 2, Kolkata and renumbered as TA/529/2001.</p> <p>2. The proceedings of the TA/529/2001 in brief as well as observation and finding of the Tribunal are as under:</p> <p>(i) The matter was taken up for hearing on 16.03.2010. The Defendant Nos. 1, 6 to 9 filed an IA being No 270/2009, praying for release a sum of Rs. 7.50 lakhs together with accrued interest lying in the Sundry Debtor Account with the Applicant Bank and other reliefs. The matter was taken up for hearing on 16.07.2014. the Tribunal vide order dated 16.07.2014 gave specific direction to the Applicant Bank to file proper petition confirming the status of the loan account, the status of the amount of Rs. 3,77,729=00 lying in the Sundry Debtor account.</p> <p>(ii) The matter was taken up for hearing on 25.11.2010. Learned Counsel for Defendant Nos. 1, 6 to 9 submitted that a compromise has</p> <p style="text-align: right; margin-right: 50px;"><i>M. R. ...</i></p> </td> <td></td> </tr> </tbody> </table>

ORDER SHEET

<table border="1" style="width: 100%; border-collapse: collapse;"> <thead> <tr> <th style="width: 10%; text-align: center;">Date of Order</th> <th style="width: 70%; text-align: center;">Order with Signature</th> <th style="width: 20%; text-align: center;">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td style="vertical-align: top; text-align: center;">14/06/2019</td> <td> <p>taken place between the Applicant Bank and the Defendant Nos. 7 and 8, the dues of the Applicant Bank have already been satisfied by the Defendant Nos. 7 and 8 by way of making a settlement with the Applicant Bank and the amount lying in the Sundry Debtor A/c has not been taken into consideration at the time of depositing the full and final settlement amount with the Applicant Bank. The amount obtained by the Applicant Bank after encashment of the NSCs is the surplus amount and that may be released in favour of the Defendants.</p> <p>(iii) The matter was taken up for hearing on 03.09.2014. During the course of hearing Learned Counsel for the Applicant Bank apprised the Tribunal that the matter has been settled, and the Applicant Bank's dues have been paid by the Defendant Nos. 7 and &amp; 8 by way of compromise settlement. Vide order dated 03.09.2014 the Tribunal taking into account that the Applicant Bank has not filed their objection to the IA being No 270/2009 filed by the Defendant Nos. 1, 6 to 9, the Applicant Bank was directed to pay Rs. 3,77,729=00 along with interest @ 9% p.a. with effect from 31.03.2001. Vide order dated 03.09.2014, the title deed No. 1007 of 19998 was released and handed over to the Learned Counsel for the Defendant Nos. 1, 6 to 9.</p> <p>(iv) The Applicant Bank filed on 19.07.2015 an affidavit, affirmed by Shri Asok Kumar Mandal, Asstt. General Manager on 30.06.2015, clarifying the status of Rs. 3,77,729=00 as directed vide Tribunal's order dated 03.09.2014. The Applicant Bank has clarified that <i>"Thereafter due to the policy of the bank, the applicant adjusted the said amount of Rs. 3,77,729=00 towards the suit filed account on 08.03.2006"</i> The Applicant Bank has further clarified that <i>"Further while entering into the compromise, the adjustment made to the account was already taken into account"</i></p> <p>(v) The Defendant Nos. 1, 6 to 9 filed reply to the affidavit filed by the Applicant Bank on 29.07.2015 vide which they declined to accept</p> <p style="text-align: right; margin-right: 50px;"><i>M. P. Ch</i></p> </td> <td></td> </tr> </tbody> </table>

ORDER SHEET

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</tr> </thead> <tbody> <tr> <td style="text-align: center; vertical-align: top;">14/06/2019</td> <td> <p>the clarification of the Applicant Bank as regards adjustment of Rs. 3,77,729=00 towards the suit filed account. The Defendants have contended that that the said amount of Rs. 3,77,729=00 was never appropriated nor the Bank filed the statement of account of the suit filed Sundry Deposit Account before the Tribunal. The Affidavit is not supported by the statement of account as directed by the Tribunal in its order. The Applicant Bank has not disclosed the compromise letter to the Defendants nor in the compromise letter being the annexure to the affidavit does speak about any adjustment of Rs. 3,77,729=00 deposited by the Bank in Sundry Debtor Account.</p> <p>(vi) The issue of compliance of Tribunal's order dated 03.09.2014 as regard the payment of Rs. 3,77,729/- along with interest @ 9% p.a. with effect from 31.03.2001 till actual payment effected is pending for the last four years inspite of the fact that the loan account has been closed and the title deed has been handed over to the Defendant Nos. 1 and 6 to 9 vide Tribunal's order dated 03.09.2014. The Applicant Bank has filed the affidavit and the Defendant Nos. 1, 6 to 9 have filed reply to the Bank's affidavit as stated hereinabove.</p> <p>(vii) The matter was taken up for hearing lastly on 17.01.2019. The Applicant Bank has not filed any petition in connection with closure of the loan account or withdrawal of the present TA/529/2001. Learned Counsel for Defendant Nos. 1 to 6, 7, 8 and 9 apprised the Tribunal that the matter has been settled, the Applicant Bank has received the settled amount and the original title deed has been received by Learned Counsel for the Defendant Nos. 1, 6 to 9. Learned Counsel for Applicant Bank prayed for time to file affidavit in connection with the closure of the loan account. The Applicant Bank was allowed one week time to file affidavit vide order dated 17.01.2019. The matter has been reserved for order.</p> <div style="text-align: right; margin-top: 20px;"> </div> </td> <td style="vertical-align: top;"> <p style="text-align: right;">Class/da/11</p> </td> </tr> </tbody> </table>

**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2** **ORDER SHEET** **(Continuation)**

<thead> <tr> <th data-bbox="100 220 175 285">Date of Order</th> <th data-bbox="175 220 755 285">Order with Signature</th> <th data-bbox="755 220 885 285">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="100 285 175 925">14/06/2019</td> <td data-bbox="175 285 755 925"> <p>(viii) The Applicant Bank has not filed the affidavit in compliance of Tribunal's order dated 17.01.2019 in connection with closure of the loan account.</p> <p>(ix) The matter is pending before the Tribunal since 2001. The proceedings as recorded in the Order Sheets clearly manifest that loan account has been closed by the Applicant Bank on receipt of the compromise amount vide submission of the Learned Counsel for Applicant Bank on 03.09.2014. The dues of the Applicant Bank have been satisfied as is apparent from the submission of the Learned Counsel for the Applicant Bank recorded in the order sheets of the Tribunal. The title deed has been released in favour of the Defendant Nos. 1, 6 to 9 vide Tribunal's order dated 03.09.2014. In such circumstances, nothing remains for further adjudication in the present TA filed by the Applicant Bank under Section 19 of the RDDBFI Act. Hence, the present TA being No. 529/2001 deserves to be disposed of for non-prosecution.</p> <p>(x) Vide order dated 03.09.2014 the Tribunal taking into account that the Applicant Bank has not filed their objection to the IA being No 270/2009 filed by the Defendant Nos. 1, 6 to 9, the Applicant Bank was directed to pay Rs. 3,77,729=00 along with interest @ 9% p.a. with effect from 31.03.2001. Now as regard the disposal of the IA being No. 270/2009 filed by the Defendant Nos. 1, 6 to 9, the Applicant Bank has clarified the status of the amount of Rs. 3,77,729=00 deposited by the Bank in Sundry Debtor Account vide their affidavit filed on 29.07.2015 without annexing the statement of account. The Defendant Nos. 1, 6 to 9 filed reply to the Bank's affidavit on 09.09.2015.</p> <p>(xi) As already observed hereinabove, that there is no existence of the TA/529/2001 for settlement of the loan account, payment of the settlement and satisfaction of the dues of the Applicant Bank. Hence, the Tribunal loses its jurisdiction for any further adjudication of the</p> <p style="text-align: right;"><i>M. S. M.</i></p> </td> <td data-bbox="755 285 885 925"></td> </tr> </tbody> </table>

ORDER SHEET

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</tr> </thead> <tbody> <tr> <td style="vertical-align: top; text-align: center;">14/06/2019</td> <td> <p>matter. The Tribunal has no jurisdiction to pass any order under Section 19 of the RDDBFI Act whether the borrower is entitled to get back any amount arising out of adjustment of his Deposits towards payment of the settled amount.</p> <p>(xii) Both the parties have filed their respective affidavits as regard the claim of the Defendant Nos. 1, 6 to 9 on the issue of payment of Rs. 3,77,729=00 along with interest @ 9% p.a. with effect from 31.03.2001 as directed by the Tribunal vide order dated 03.09.2014 .</p> <p>(xiii) Since the Tribunal has lost its jurisdiction to any further adjudication in the TA/529/2001, the issues of payment of Rs. 3,77,729=00 along with interest @ 9% p.a. with effect from 31.03.2001 as directed by the Tribunal vide order dated 03.09.2014 and the Applicant Bank's disclosure of the fact that the Applicant Bank has adjusted the said amount of Rs. 3,77,729=00 towards the suit filed account on 08.03.2006 in their affidavit filed before the Tribunal and the objection of the Defendant Nos. 1, 6 to 9 to the affidavit of the Applicant Bank filed before the Tribunal are left with the Applicant Bank to decide and to convey their decision along with statement of account to the Defendant Nos. 1, 6 to 9 within thirty days from the date of this order.</p> <p>(xiv) In case the Defendant Nos. 1, 6 to 9 are dissatisfied with the decision of the Applicant Bank as aforesaid, they may approach proper forum to agitate their grievance. This Tribunal is not the proper forum to decide the interse dispute of the parties as regard their claim of Rs. 3,77,729=00 as aforesaid in the non-existence TA. Hence, this Tribunal declines to pass any further order on the issue of payment of Rs. 3,77,729=00 along with interest @ 9% p.a. with effect from 31.03.2001 as directed by the Tribunal vide order dated 03.09.2014. Hence, there is no further scope of further adjudication of the</p> <p style="text-align: right; margin-right: 50px;"><i>M. R.</i></p> </td> <td style="vertical-align: top; text-align: center;">Class/de/w</td> </tr> </tbody> </table>

ORDER SHEET

Vs

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</tr> </thead> <tbody> <tr> <td style="vertical-align: top; text-align: center;">14/06/2019</td> <td> <p>IA/270/2009 filed by the Defendant Nos. 1, 6 to 9 and the IA/270/2009 deserves to be disposed of in view of the above observation of the Tribunal.</p> <p>3. In view of above observation and finding, the following order is passed :</p> <p>(1) The TA/529/2001 arising out O.A./43/2000 of Learned DRT-1, Kolkata is disposed of for settlement of the matter and satisfaction of the dues of the Applicant Bank with no cost.</p> <p>(2) It is expected that the Applicant Bank shall provide the statement of account to the Defendant Nos. 1, 6 to 9 as regard adjustment of Rs. 3,77,729/- towards the suit filed account on 08.03.2006 as disclosed by the Applicant Bank in the affidavit filed before the Tribunal within fifteen days from the date of this order.</p> <p>(3) The IA being No. 270/2009 filed by the Defendant Nos. 1, 6 to 9 is accordingly disposed of. All the IAs stand disposed of.</p> <p>(4) There is no restrain order in the present TA/529/2001.</p> <p>Copy of the order be given to the parties.</p> <p>File be consigned to Record Room.</p> </td> <td style="vertical-align: top; text-align: center;"> <p>(M.S. Rao) <i>14-06-2019</i></p> <p>Presiding Officer</p> <p>Kolkata DRT No. 2</p> </td> </tr> </tbody> </table>