STATE BANK OF INDIA vs SMT. CHHAYA DUARI SASKA on 16 March 2020

JUDGEMENT

1. This is an Transfer Application under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 initjated by the applicant against the sole defendant praylng for issuance of Recovery Certificate to the tune of Rs.1I,44,771.07 together with interest, cost and other usual reliefs.

2. The brief facts of the case as made out in the Transfer Apptication by the applicant bank is that the defendant had approached the applicant bank on 13.09.2012 for grant of a cash credit roan of Rs.10.oo rakhs for her proprietorship tirm, namery, rvlls. rvlodern sutching centre. The o- applicant bank after examining the feasibility of the said proposal had sanctioned a cash credit limit of Rs.10.00 lakhs on 13.09.2012 in favour of defendant with certain terms and conditions, which was accepted by the defendant. To avail the toan facility, the defendant had executed various loan documents on 13.09.2012 in favour of the a pplicant bank. After availing the loan, the defendant had utitized the said toan amount ln her 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 Ri.LL,44,7fl,O7 is due against the defendant which the defendant 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 Transfer Application for the recovery of the aforesaid amount and for the issuance of Recovery Certificate against the defendant. Notice was issued to the defendant to show cause as to why the relief prayed for by the applicant bank be not granted. After lssuance of the notice, the defendant had neither appeared nor had filed her show cause reply. Consequently, the said defendant was set ex-parte on 19.12.2019. The Tribunal had no other option but to hear ex-parte against the defendant. I have heard the learned Counsel for the applicant bank and have perused the relevant documents. 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 ?

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The applicant bank by oral and documentary evidence has established its case. The documentary evidence comprises from Annexure/Exhibit- A to Annexure/Exhibit-D, which are available in paper book flled by the applicant bank. From the perusal of the documents referred above and the certlfled copy of the statement of account, which is filed as Annexure/Exhibit-A to D, it is established that the defendant had availed the financial facilities from the applicant bank and had withdrawn the amount through the account. The oral testimony comprises of an affidavit of Shri P. S. Bhowmick, S/o. Dilip Kumar Bhowmick, working as Chief Manager of the Applicant Bank. The averments in the application and the facts stated by the witness of the applicant in his affidavit are unrebutted. From the perusal of the Statement of Account which is Annexure/Exhibit-D, the total outstanding comes to Rs.l|,44,711.07 which the applicant bank is entitled to recover from the defendant. In view of the above discussion and after considering the entire evidence-on-affidavit of the applicant bank and the document filed by the applicant bank, I have no hesitation to hold that the applicant bank is entitled to recover a sum of Rs.11,44,711.07 from the defendant who is liable for the same. The applicant bank shall also be entitled to pendentelite and future interest on the said amount @ 13.500/o per annum with simple from the date of filin9 0f the Transfer Application till the date of realization.

ORDER

T.A. No.1330 of 2014 filed by the Applicant Bank is allowed and debt is determined with cost against the sole defendant. It is hereby ordered that applicant bank is entitled to recover

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from the defendant the total amount to the tune of RS,LL,44,7Lf,O7 (Rupees Eleven Lakhs Forty Four Thousand Seven Hundred Eleven and Paise Seven only) with pendentelite and future interest @ 13.50% per annum with simple on the amount due from the date of filing of the Transfer Appllcation, i.e. 06.09.2013 (i.e. o.A. No.964 of 2013) till full and final realization of the claim Amount, if any, paid by the defendant in the loan account or amount, if any, recovered by the Applicant Bank after filing of the T.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendant. Accordingly, pendentelite and future interest shall be calculated on the reduced amount. Defendant is debarred from disposing, alienating or dealing with any of the properties belonging to her till the aforesaid decretal debt is recovered from the defendant. Defendant is given a time of thirty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendant fails to pay the dues within the above mentioned time, the appllcant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personal propedies of the defendant (Both movable and immovable) and also proceed against the defendant personally to recover the dues in accordance with law. Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for issuance of the same against defendant 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.

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(6) Ld. Recovery Otficer shall realize the amount as per Recovery Certificate from the defendant in accordance law.

(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 79 (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. Accordingly, the Transfer Application being T.A. No.1330 of 2014 is allowed and stands disposed of. Copy of the ludgement/Final Order be upload in the Tribunal's website. File is consigned to the Record Room. ( Dictated to P.S., transcribed by him, corrected, signed and pronounced by me in the open Court on this the 16ih day of f4arch,2020 ) ,4' K 4a'5".l^'J\. ANIL KUN4AR CHATURVEDI PRESIDING OFFICER, the with

Order Sheet (Continuation) Case No. T.A. No.1330 of 2014 er pronounced (Vide separate sheets with costs. In the result, T.A. No.1330 of 2014 is allowed Issue Recovery Certificate accordingly. State Bank of India. Vs. Smt. Chhaya Duari Saska. OfficE action wth date and dited Signature of partles when nacecgary Drto ol

Order

Order No.17 16.0 3.20 20 ,^fl!#il#ro Presiding Officer, DRT-3, Kolkata.