Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs M/S GAHANA GHAR & ORS. on 22 January 2026
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No.280 of 2015
DATE OF DELIVERY OF ORDER :22ndJanuary,2026
STATE BANK OF INDIA, a body Corporate constituted under the provisions of State Bank of India Act, 1955 having its Corporate Centre at State Bank of India Bhawan, Madam Cama Road, Mumbai -400021
and carrying on business through its different branches including one at Stressed Assets Resolution Center, Howrah, 106, Kiran Chandra Roy Road, Howrah, West Bengal, commonly known as STATE BANK OF
INDIA, SARC Branch within the jurisdiction as aforesaid.
..........................Applicant
-AND-
1.
M/S. GAHANA GHAR, a Proprietorship business of Sri Manish Kumar Gupta having its office and / or principal place of business at 103, Cossipore Road, Kolkata – 700002, within the jurisdiction as aforesaid.
2.
Sri Manish Kumar Gupta, Proprietor of M/S. GAHANA GHAR having its office and / or principal place of business at 103, Cossipore Road, Kolkata – 700002, and residing at 6/2B, Cossipore Road, Kolkata –
700002 outside the jurisdiction as aforesaid.
3.
Smt. Rekha Gupta, wife of Manish Kumar Gupta, having its office and / or principal place of business at 6/2B, Cossipore Road, Kolkata –
700002 outside the above jurisdiction as aforesaid.
....................Defendants
Counsel for the Applicant Bank :Mr. K. Patra Counsel for the Defendants : None appears.
Set ex-parte on 13/11/2019.
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J U D G M E N T
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 Stressed Assets Resolution Center, Howrah, 106, Kiran Chandra Roy Road, Howrah, West Bengal, for
Rina S. recovery ofRs. 58,59,514.94 with interest @14% p.a. with monthly rest from 01/03/2009 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.
2. The service of summons was effected upon the Defendants in usual mode of postal service. Despite giving sufficient time, subsequently the Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared exparte on 13/11/2019.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Subrata Mitra,Manager of 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. 58,59,514.94 with interest @ 14% p.a. with monthly rest from 01/03/2009 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 of immoveable property as described in the Schedule X & Y in the OA at page 13. 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
Rina S. Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer II on 24/02/2026 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.280of 2015 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 22nd January,2026) Place: Kolkata ( Ambuja Mohan Das ) Date:22nd January,2026 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA/280/2015 SBI vs. M/s Gahana Ghar &ors Date of the order Order with signature Office action with date and dated signature of parties when necessary 22nd January ,2026 Ld. Advocate Mr. K. Patra appeared for theApplicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 14/01/2026. 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. 58,59,514.94 with interest @ 14% p.a. with monthly rest from 01/03/2009 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 of immoveable property as described in the Schedule X & Y in the OA at page 13. 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 II on 24/02/2026 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. 280 of 2015 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 22nd January,2026) Place: Kolkata (Ambuja Mohan Das) Date:22nd January,2026 Presiding Officer