STATE BANK OF INDIA vs ATW NIRMAN PVT LTD AND ORS on 19 August 2026

J U D G M E N T

1. The present Recovery Application is filed by the Bank of India, nationalized Bank carrying on business at Salt Lake Branch, DB-2, Sector - 1, Salt Lake, Kolkata – 700064, West Bengal, for recovery of total sum of Rs. 2,18,33,845.38/- with interest @16% in Cash Credit account and @ 14.25% in W.C.T.L. account with monthly rest from 01.10.2011 against the Defendants till payment and/or realization.

Rina S. The Defendants are the borrower/guarantor /mortgager.

2. The service of summons was not effected upon the Defendants in usual mode of postal service as well as hand service. Hence, by the order of this Tribunal, the summons were served by substitute service of publishing in the newspapers namely “Times of India” (in English) and “Aajkal” (in Bengali) on 08/12/2016, both are 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 ex-parte on 11/05/2026.

3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Kaushik Kumar, Chief Manager & CLO of the Applicant 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.2,18,33,845.38/- with interest @12% in both Cash Credit account and W.C.T.L. account with monthly rest from 01.10.2011 till payment or realization. iii) It is declared that the claim is secured by mortgaged of moveable/immoveable properties described in the Schedule X & Y at Page no. 93 of the OA. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Rina S. 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-I on 21/09/2026 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. 229 of 2013 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is 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 19th August,

Place: Kolkata (Ambuja Mohan Das) Date: 19th August, 2026 Presiding Officer Rina S. Page No.- Order Sheet (continuation) Case No. TA/229/2013 STATE BANK OF INDIA –Vs.- ATW NIRMAN PVT. LTD. (Now in Liquidation) & ORS. Date of the order Order with signature Office action with date and dated signature of parties when necessary 19th August,

Ld. Advocate Ms. Mekhala Kanji appeared for the applicant bank. None appeared on behalf of the Defendants. Matter was heard in open Court on this the day of 16/04/2026. 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.2,18,33,845.38/- with interest @12% in both Cash Credit account and W.C.T.L. account with monthly rest from 01.10.2011 till payment or realization. iii) It is declared that the claim is secured by mortgaged of moveable/immoveable properties described in the Schedule X & Y at Page no. 93 of the OA. 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-I on 21/09/2026 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. 229 of 2013 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is 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 19th August, 2026) Place: Kolkata ( Ambuja Mohan Das )

Rina S. Date: 19th August, 2026 Presiding Officer