Debts Recovery Tribunals and Appellate Tribunals
CENTRAL BANK OF INDIA vs SUPRIYA CHAKRABORTY on 6 August 2025
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 1022 of 2013
DATE OF DELIVERY OF ORDER : 6th August,2025
Central Bank of India, a body corporate constituted under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 having their Central office at Chandra Mukhi, Nariman Point, Mumbai – 400021
and carrying on business, inter alia, at the Esplanade Branch at 8, Lenin Sarani, P.S.- New Market, Kolkata – 700013.
.....................Applicant
-Versus-
Smt. Supriya Chakraborty, wife of Sri Samir Chakraborty residing at 4/40C, New Rathtala, Belghoria, Kolkata – 700056.
................Defendant
Counsel for the Applicant Bank : Mr. Goutam Chakraborty &
Mr. Surath Chakraborty
Counsel for the Defendants : None appears.
Set ex-parte on 22/08/2024
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J U D G M E N T
1. The present Recovery Application is filed by the Central Bank of India, nationalized Bank carrying on business of Banking all over India including from its Branch Office at Esplanade Branch at 8, Lenin Sarani, P.S.- New Market, Kolkata – 700013, for recovery of Rs.13,33,382/- with interest @ 14% p.a. with monthly rest from 13/09/2012 against the Defendant till payment and/or realization. The Defendants are the borrower/guarantor/ mortgager.
2. The service of summons was affected upon the Defendant in usual mode of postal service. The Defendant appeared through their Advocate. Despite giving sufficient time, subsequently the Defendant neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendant was declared exparte on
Rina S. 22/08/2024.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Sekhar Mukherjee, Senior 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 liable to pay Rs.13,33,382/- with interest @ 14% p.a. with monthly rest from 13/09/2012 till payment and/or realization. iii) It is declared that the claim is secured by hypothecation of moveable as described in the Annexure “M” in the OA at page 53. 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 08/09/2025 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 O.A. No. 1022 of
Rina S. 2012 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 6th August,2025) Place : Kolkata ( Ambuja Mohan Das ) Date : 6th August,2025 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA /1022/2013 Central Bank of India vs. Smt. Supriya Chakraborty Date of the order Order with signature Office action with date an dated signature of parties when necessary 6th August,
Ld. Advocate Mr. Goutam Chakraborty & Mr. Surath Chakraborty appeared for the Applicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 30/06/2024 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.13,33,382/- with interest @ 14% p.a. with monthly rest from 13/09/2012 till payment and/or realization. iii) It is declared that the claim is secured by hypothecation of moveable as described in the Annexure “M” in the OA at page 53. 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 08/09/2025 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 O.A. No. 1022 of 2012 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 6th August,2025)
Rina S. Place : Kolkata (Ambuja Mohan Das) Date : 6th August,2025 Presiding Officer