Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs HAFIJUL & ANR MONDAL on 1 August 2025
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 308 of 2014
DATE OF DELIVERY OF ORDER : 1st August,2025
STATE BANK OF INDIA
Address of the Corporate Center : State Bank of India Bhawan, Madam Cama Road, Mumbai – 400021 and branch at , A. D. B. Pandua, Dist.- Hooghly, West Bengal-712149
......................Applicant
And
1)HAFIJUL MONDAL
Mirjapur, Abujhati-2, Post Office Kulingram, Burdwan, Pin- 713166
2) M/S. SAIDA COLD STORAGE PRIVATE LIMITED
G. T. Road, Boinchi, Hooghly, West Bengal
....................Defendants
Counsel for the Applicant Bank : Mr. O.P. Chowdhury and Ms. A. Khasnabish , Counsels Counsel for the Defendants : None appears.
Set ex-parte on 18/02/2025
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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 A. D. B. Pandua, Dist.- Hooghly, West Bengal for recovery of Rs.11,73,306/- with interest @ 14% p.a. with monthly rest from 01/06/2013 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
Rina S. mode of postal service. The Defendants appeared through their Advocate. 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 18/02/2025.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Biswajit Putatunda, Chief 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.11,73,306/- with interest @ 14% p.a. with monthly rest from 01/06/2013 against the Defendants till payment and/or realization. iii) It is declared that the claim is secured by hypothecation of movables as described in the in 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
Rina S. 02/09/2025 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. 308 of 2014 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 1st August,2025) Place : Kolkata ( Ambuja Mohan Das ) Date : 1st August,2025 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA/308/2014 SBI vs. Hafijul Mondal & ors Date of the order Order with signature Office action with date and dated signature of parties when necessary 1st August,
Ld. Advocate Mr. O.P. Chowdhury and Ms. A. Khasnabish appeared for the Applicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 18/02/2025. 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.11,73,306/- with interest @ 14% p.a. with monthly rest from 01/06/2013 against the Defendants till payment and/or realization. iii) It is declared that the claim is secured by hypothecation of movables as described in the in 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 02/09/2025 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. 308 of 2014 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 1st August,2025)
Rina S. Place : Kolkata (Ambuja Mohan Das) Date : 1st August,2025 Presiding Officer