BANK OF BARODA vs SAKIR ALI MALLIK on 15 May 2025

J U D G M E N T

1. The present Recovery Application is filed by the Bank of Baroda, nationalized Bank carrying on business of Banking all over India including from its Branch Office at 23 G.T. Road, (Previously at 57, B.C. Road), P.O. Burdwan, District – Burdwan, Pin – 713 101, P.S. Burdwan, for recovery of Rs.58,17,330/- with interest @ 13.5% p.a. with monthly rest on and from 26th February, 2013 against the Defendants till payment and/or realization. The Defendant is the borrower/guarantor/ mortgager.

2. The service of summons was effected upon the Defendants in usual mode of postal service. The Defendants appeared through their Advocate. Despite giving sufficient time, subsequently the Defendants

Rina S. neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared exparte on 18.02.2025.

3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Madhukar Saha, Senior Branch 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 Defendant is jointly and severally liable to pay Rs.58,17,330/- with interest @ 13.5% p.a. with monthly rest on and from 26th February, 2013 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 in the OA at page 22. 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 defendant 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 17/06/2025 for further action in accordance with law in the event the entire amount is not paid by the

Rina S. said date. Accordingly, the Transfer Application being T.A. No. 1572 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 15th May,2025) Place : Kolkata ( Ambuja Mohan Das ) Date : 15th May,2025 Presiding Officer

Rina S. Page No.- Order Sheet (continuation) Case No. TA 1572 of 2013 BANK OF BARODA –VS- SAKIR ALI MALLIK Date of the order Order with signature Office actio date and d signature o when nece 15th May,2025 Ld. Advocates, Mr. M. K. Singh and Ms. Suparna Biswas, appeared for the Applicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on this the day of 18.2.2025. 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 Defendant is liable to pay Rs.58,17,330/- with interest @ 13.5% p.a. with monthly rest on and from 26th February, 2013 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 in the OA at page 22. 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 defendant 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 17/06/2025 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. 1572 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 15th May,2025) Place : Kolkata (Ambuja Mohan Das) Date : 15th May,2025 Presiding Officer

Rina S.