IN THE COURT OF LD. CIVIL JUDGE (SR. DIVN.
) AT ALIPORE
BEFORE THE LD. 8TH BENCH
MONEY SUIT NO. OF 2016
BANK OF BARODA,
A body corporate constituted
under the Banking Companies
(Acquisition and Transfer of
Undertaking) Act, 1970 having its
head office at Mandvi Baroda
and its Kolkata Metro Regional
office at Baroda Tower, 4th Floor,
Plot 38/2, Block GN, Sector-V,
Salt Lake City, Kolkata-700091,
in the State of West Bengal and
carrying on banking business
amongst other places and its
branch office at 200T, S.P.
Mukherjee Road, P.S- Tollygunge
Kolkata-700026, commonly
known as Tollygunge Branch.
...PLAINTIFF
VERSUS
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1) Barun Sankar Banerjee, son of
Late Girija Sankar Banerjee,
residing at 22/1, Mondal Para
Road, Joypore Pally, P.S.–
Behala, Kolkata-700034.
2) Sujata Banerjee, wife of Sri
Barun Sankar Banerjee,
residing at 22/1, Mondal Para
Road, Joypore Pally, P.S.–
Behala, Kolkata-700034
...DEFENDANTS
SUIT FOR RECOVERY OF A SUM OF RS. 6,54,546.73/- (RUPEES
SIX LAC FIFTY FOUR THOUSAND FIVE HUNDRED POINT SEVEN
THREE ONLY) AGAINST THE DEFENDANTS, THE PLAINTIFF
ABOVENAMED
The plaintiff states that:-
1. That at all material times the plaintiff carried on and
still carries on business inter alia, at its branch office at 200T,
S.P.Mukherjee Road, P.S- Tollygunge, Kolkata-700026,
commonly known as Tollygunge Branch (hereinafter referred to
as the ‘said branch’).
2. That the defendants are the borrower and residing at
22/1, Mondal Para Road, Joypore Pally, P.S.–Behala, Kolkata-
700034.
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3. That upon an application of the defendants, the
plaintiff bank had sanctioned a Term Loan with a limit of Rs.
5,60,000/- (Rupees Five Lac Sixty Thousand only) vide sanction
letter dated 10.10.2011. The aforesaid sanctioned letter was
duly signed by the defendants acknowledging and accepting
the terms and conditions contained therein.
A Xerox copy of Application dated 07.10.2011 is
annexed herewith and marked as Annexure ‘A’.
5. That in order to secure due repayment of the said
credit facility together with interests, costs, charges,
commissions, expenses and other monies payable, the
defendants executed the following documents (amongst other)
on 10.10.2011.
a) Demand Promissory Note;
b) Draft Undertaking;
c) Loan Agreement for individual’s ( Housing Loan);
d) General Form of Guarantee ;
e) Declaration in the matter of Mortgage by deposit of
Title Deeds in respect of Immovable;
f) Annexure ‘A’;
g) Memorandum of Entry;
h) Letter of Confirmation of Mortgage;
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The copies of the aforesaid documents executed by the
defendants are enclosed herewith and marked with annexure
‘A1’ collectively.
The plaintiff craves leave from the Learned Court to
produce the original of those documents at the time of hearing,
if necessary.
5. That the plaintiff bank sanctioned the above credit
facility in favour of defendants for the Home loan requirement
of the defendants in a loan account opened in the books of
plaintiff at the said branch in the name of defendant no. 1
herein on the following amongst various other terms and
conditions :-
a) It was agreed that the defendants would repay the
amount becoming due on the said loan account on
demand together with interest thereon @ 0.1% below
premium lending rate of the bank (under floating
option) with a minimum 13.25% per annum puts
interest tax with monthly rests.
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b) The defendants also agreed to repay the said loan at
the said branch of the plaintiff in 60 equated monthly
installments.
c) The defendants further agreed to bear interest at the
additional rate of 2% per month on the amount of
installment and/or interest in case of non-payment and
delayed payment on overdue amount for overdue
period and/or default in payment of any installment
and/or interest.
Copy of the sanctioned letter dated 10.10.2011 is
annexed herewith and marked with annexure ‘B’.
The plaintiff further craves leave from the Ld. Court to
produce the original sanction letter at the time of hearing, if
necessary.
6. Not although the plaintiff disbursed the sanctioned
amount of loan in favour of the defendants, the defendants
intentionally failed and neglected to repay the loan amount of
the plaintiff bank, as a result the account became Non
Performing Account on 09.11.2015 but sent a letter
acknowledging the debt by signed and executed a letter of
Acknowledgement of Debt on 09.08.2014 indicating the
acknowledgment and acceptance of their debt and further
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thereby extending the period of limitation for recovery of the
aforesaid loan and such the aforesaid claim is not barred in any
way.
A copy of the Letter of Acknowledgement of debt is
annexed herewith and marked with Annexure ‘C’.
The plaintiff further craves leave of the Learned Court
to produce the original document, at the time of hearing, if
required.
7. That the plaintiff lent and disbursed the said credit
facility to the defendants through its Tollygunge Branch, as
agreed upon and the defendants became liable to pay the dues
of the plaintiff on demand as per agreed terms jointly or
severally.
8. That even after several requests, claims, demand and
reminders through personal contact, telephone and by letters,
as well as send legal notice through it’s Ld. Advocate by legal
notice dated 31/03/2016, the defendants intentionally failed
and neglected to abide by the conditions agreed upon and
even after demand failed to repay the loan of the plaintiff bank
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along with interest as per agreed terms although the
defendants is economically sound.
A copy of legal demand notice dated 31/03/2016 along
with postal receipt are annexed herewith and collectively
marked with annexure ‘D’.
The Plaintiff Bank being a Nationalized Financial
Institution of the Union of India and to act according to
guidelines of R.B.I. as well as SARFECIE ACT and to recover of
loan, the Plaintiff Bank served SARFAECE Notice U/S. 13(2) of
the SARFAECE ACT, 2002. The Defendants filed an S.A.
Application before the DEBT RECOVERY TRIBUNAL to stop the
legal proceedings of recovery as well as filed a Defamatory
Suit, being no. 208 of 2015 lying with the Ld. 7 th Civil Judge
Senior Division at Alipore. The Plaintiff Bank entered
appearance of those matters by filing duly executed
Vokalatnamas and will contest both the matters by filling
Written Objections and Written Statements.
9. That there is now due and owing to the plaintiff from
the defendants a sum of RS. 6,54,546.73/- (RUPEES SIX LAC
FIFTY FOUR THOUSAND FIVE HUNDRED POINT SEVEN THREE
ONLY) with interest calculated up to 26.09.2016 which is
reflecting in the statement of accounts maintained by the
plaintiff in its ordinary course of business including penal
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interest in the name of the defendants’ account of the
aforesaid loan. That the plaintiff is entitled to claim further
interest at the rate of 13.15% per annum plus 2% penal
interest per month thereon from16.04.016 as per the agreed
terms till the date of repayment of the entire claim made
herein and the plaintiff undertakes to pay the ad-valorem court
fees thereon.
The copy of Statement of Accounts up to 26.09.2016
including penal interest is annexed herewith and marked with
annexure ‘E’.
The plaintiff further craves leave of the Ld. Court to
produce the original documents, at the time of hearing, if
required.
10. That for the purpose of court fees and jurisdiction, the
plaintiff values its claim at RS. 6,54,546.73/- (RUPEES SIX LAC
FIFTY FOUR THOUSAND FIVE HUNDRED POINT SEVEN THREE
ONLY) and advalorem court fees of Rs. 21,580/- (Rupees
Twenty One Thousand Five Hundred Eighty) only is paid
thereon.
11 That the plaintiff lent and extended and disbursed the
said credit facility to the defendants through its Tollygunge
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Branch, 200T, S.P. Mukherjee Road, P.S. – Tollygunge, Kolkata-
700026, situated within the jurisdiction of this Ld. Court firstly
on 10.10.2011 when the loan facility was sanctioned by the
plaintiff in favour of defendants and issued the sanction letter
in favour of defendants, after that the defendants accepted the
terms and conditions of such sanction by putting their
signature therein and then on 10.10.2011 when the demand
promissory note and other documents accepting the terms of
loan were executed by the defendants at the said Branch of the
plaintiff bank and thereafter when the loan was disbursed to
the defendants , on 09.01.2014 when the defendants
acknowledged their debts by executing letter of
acknowledgement of debt. Thereafter on 09.11.2015 when due
to intentional default of the defendants the account was
classified as NPA and finally it is crystal clear that the
defendants availed loan and till remain unpaid and thereafter
has been continuing from day to day. Thus the cause of action
arose within jurisdiction of this learned court and this court has
ample jurisdiction to try and entertain this case and further the
aforesaid claim is not barred by limitation in any way
whatsoever.
12. That the list of documents are enclosed herewith and
the plaintiff crave of the Ld. Court to produce the original of
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those or any such other documents (which are in its custody), if
required, at the time of hearing.
The plaintiff therefore prays for :-
a) A decree of RS. 6,54,546.73/-
(RUPEES SIX LAC FIFTY FOUR
THOUSAND FIVE HUNDRED
POINT SEVEN THREE ONLY)
against the defendants inter alia
directing the defendants to pay
the said sum of RS. 6,54,546.73/-
(RUPEES SIX LAC FIFTY FOUR
THOUSAND FIVE HUNDRED
POINT SEVEN THREE ONLY) with
interest at the rate of 13.15% per
annum plus 2% penal interest
per month thereon from
27.09.2016 till realization of the
entire debts including interim
interest and interests on
judgment.
b) Costs;
c) Receiver;
d) Injunction;
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e) Attachment;
f) Any other and/or further reliefs
as the plaintiff is entitled in law
and equity.
VERIFICATION
I, , the Authorized Chief Manager of the
plaintiff bank abovenamed, do hereby declares and states that
the statements contained in paragraphs 1 and including the
cause title thereof are true to my knowledge, those contained
in paragraphs to are based on information derived
from the said branch office records which I believe to be true
and correct and the rests are my respectful submissions before
this Learned Court.
I sign this verification on this _____ day of September,
2016 at my Branch office
at……………………………………………………….., P.S. –
Tollygunge, Kolkata – 700 026, commonly known as Lake
Market Branch.
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AFFIDAVIT
I, , son/daughter of
, aged about 56 years, working for gain at
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, P.S- Tollygunge, Kolkata-
700026, known as Lake Market Branch, do hereby solemnly
affirm and say as follows:-
1. That I am one of the Authorized Branch Manager of the
Plaintiff and I have made myself well acquainted with the facts
and circumstances of the case and am competent to verify the
plaint and affirm this affidavit for and on behalf of the plaintiff.
2. That the statements contained in paragraphs 1 and
including the cause title thereof are true to my knowledge,
those contained in paragraphs and are based on
information derived from my office records which I believe to
be true and correct and the rests are my respectful
submissions before this Learned Court.
Identified by me
DEPONENT
Advocate
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DOCUMENTS RELIED ON BY THE PLAINTIFF
a. Demand Promissory Note dated 10.10.2011;
b. Draft Undertaking dated 10.10.2011;
c. Loan agreement for individual’s (Housing Loan)
dated 10.10.2011;
d. General Form of Guarantee dated 10.10.2011;
e. Declaration in the matter of Mortgage by deposit of
Title Deeds in respect of Immovable dated
10.10.2011;
f. Annexure ‘A’ dated 10.10.2011.
g. Memorandum of Entry 10.10.2011;
h. Letter of Confirmation of Mortgage dated
10.10.2011 ;
i. Sanction letter dated 10.10.2011;
j. Letter of Acknowledgment of Debt dated
09.08.2014;
k. Legal notice dated 31.03.2016;
l. Statement of Account dated 26.09.2016;
DOCUMENTS PRODUCED WITH THE PLAINT
a. Demand Promissory Note dated 10.10.2011;
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b. Draft Undertaking dated 10.10.2011;
c. Loan agreement for individual’s (Housing Loan)
dated 10.10.2011;
d. General Form of Guarantee dated 10.10.2011;
e. Declaration in the matter of Mortgage by deposit of
Title Deeds in respect of Immovable dated
10.10.2011;
f. Annexure ‘A’ dated 10.10.2011.
g. Memorandum of Entry 10.10.2011;
h. Letter of Confirmation of Mortgage dated
10.10.2011 ;
i. Sanction letter dated 10.10.2011;
j. Letter of Acknowledgment of Debt dated
09.08.2014;
k. Legal notice dated 31.03.2016;
l. Statement of Account dated 26.09.2016;
COPIES OF EXHIBITS ANNEXED TO THE PLAINT
NIL
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IN THE COURT OF LD. CIVIL JUDGE (SR. DIVN.) AT ALIPORE
BEFORE THE LD. 8th BENCH
MONEY SUIT NO. OF 2016
BANK OF BARODA
-Versus-
BARUN SANKAR BANERJEE & ANR.
REGISTERED ADDRESS
Name Plaintiff Registered address Remarks
or
Defenda
nt
Bank of Plaintiff 2 200T, S.P. Mukherjee Road, NIL
Baroda P.S. - Tollygunge, Kolkata-
700026. Known as
Tollygunge Branch.
