Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SUKHAPRAVA ELECTRONIC on 13 January 2026
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I, KOLKATA.
PRESENT :SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 18 of 2013
DATE OF DELIVERY OF ORDER :13th January,2026
State Bank of India, a body corporate, constituted under the State Bank of India (Subsidiary Banks) Act, 1959 having it’s Head Office at 646, Kempe Gowda Road, Bangalore – 560 009, in the State of Karnataka and carrying on business interalia at Koyla Vihar, VIP Road Branch, Room No. G – 4 & 6, Block –
Ganga, VIP Road, Koyla Vihar, Abhinandan, Kolkata – 700052, within Police Station- Baguihati, North 24 Parganas, West Bengal.
..............APPLICANT
versus –
1. M/s. Sukhaprava Electronic, a proprietorship business of Smt. Rakhi Dutta Roy, wife of Sri Dulal Dutta Roy, having its office and/or principal placeof business at BE – 122, Rabindrapally, Kesthopur, Kolkata –
700101 and also at BD-71, Rabindrapally, Kesthopur, Kolkata – 700 101
within the jurisdiction.
2. Smt. Rakhi Dutta Roy, wife of Sri Dulal Dutta Roy, proprietor of a proprietorship business, M/s. SukhapravaElectronis, having its office and/or principal place of business at BE – 122, Rabindrapally, Kesthopur, Kolkata – 700101, West Bengal and also at BD – 71, Rabindrapally, Kesthopur, Kolkata – 700 101, West Bengal.
3. Sri Dulal Dutta Roy, son of Nitish Dutta Roy, having it’s residence and/or carrying on business at BD – 71, Rabindrapally, Kesthopur, Kolkata –
700101, West Bengal.
4. Sri Ram Prasad Sarkar, son of Sri Dhirendra Nath Sarkar, Village –
Champatala, Post Office – Belia, Chakdaha, District – Nadia, West Bengal.
...........DEFENDANTS
Counsel for the Applicant Bank:Mr. Pankaj Kumar Mukherjee.
Counsel for the Defendants: None appears.
Set ex-parte on13.05.2025.
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J U D G M E N T
Rina S.
1. The present Recovery Application is filed by the State Bank of India, nationalized Bank, carrying on business of Banking all over India including from its Branch Office at Koyla Vihar, VIP Road Branch, Room No. G – 4 & 6, Block – Ganga, VIP Road, Koyla Vihar, Abhinandan, Kolkata – 700052, for recovery ofRs.12,17,611.82p., with interest @14.25% per annum with monthly rest from 1.9.2011 against the Defendants till 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 ‘Telegraph’ (in English) and in the ‘Ananda Bazar Patrika’(in Bengali) on 21.03.2015 published 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 exparte on 13.05.2025.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. P.B.K. Mahesh Kumar, Branch Managerof the Bank,annexing the various documents 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 jointly and severally liable to pay Rs.12,17,611.82p., with interest @ 14.25% per annum with monthly rest from 1.9.2011against the Defendants till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule ‘X’ and ‘X-1’ in the OA at page
Rina S.
21. 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 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 16/02/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Transfer Application being T.A. No.18 of 2013 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 13th January,2026) Place: Kolkata ( Ambuja Mohan Das ) Date:13th January,2026 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA 18 of 2013 STATE BANK OF INDIA -VS- M/S. SUKHAPRAVA ELECTRONIC & ORS. Date of the order Order with signature Office action with date and dated signature of parties when necessary 13th January,20
Ld. Advocate, Mr. Pankaj Kumar Mukherjee, appeared for theApplicant Bank. None is present on behalf of the Defendants. Matter was heard in open Court on24.10.2025. 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 jointly and severally liable to pay Rs.12,17,611.82p., with interest @ 14.25% per annum with monthly rest from 1.9.2011 against the Defendants till payment or realization. iii)It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule ‘X’ and ‘X-1’ in the OA at page 21. 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 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 16/02/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Transfer Application being T.A. No.18 of 2013 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 13th January,2026) Place: Kolkata (Ambuja Mohan Das) Date:13th January,2026 Presiding Officer
Rina S.