STATE BANK OF INDIA vs GOUTAM GHOSH on 13 March 2026

Order

13.03. date and dated Signature of parties when necessary Order with Signature

Counsel for the parties: Ms. Gunja pachisia, Ld. Advocate for the applicant Bank. None for the defendant. r.A.t216 of 2019 (arising out ot O.A.I2B2 of 2OiA) i] allowed and disposed of. Final Order / Judgment is in separate sheet of 5 pages. File be consigned to record room. Order be uploaded on the Tribunal,s website. -t--1 , (Arbind Madhav) Presiding Ofiicei DRT-2, Kotkata

T4/216 of2019 - DRT-2/Kot DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan sudha Brdg. 07ttr Fbor,42tc,J.L. Nehru Road, Korkata -rooo71 Before Shri Arbind Ma hav Presidin fficer- TA No.216 of 2019 (Arising out of O.A./282 of 2O1B) ln the matter of state Bank of rndia, a body corporate constituted under the state Bank of rndia Act, 1955 having its centrar office at state Bank of rndia, Madame cama Road, Mumbai_ 40002'l and locar Head office at'samriddhi Bhawan', 1 strand Road, Korkata _ 7oo0o1, . and transacting through its various branches ail over the country incruding its Rathtara Branch, N.s.c Bose Road, Korkata and arso at smail & Medium Enterprises centre, in short s.M.E.c. Ballygunge at 50A, Gariahat Road, 04th Floor, police_station _ Gariahat, Kolkata - 700019 Applicant Bank

1. Mr. Goutam Ghosh, -Versus- - son of Gangadhar Ghosh, proprietor of Maa Laxmi Enterpriser of "Punarbasan", R/R-3D, Taulia New Town,24 parganas (North), pin _ 700102. Defendant Counsel for parties: For the Applicant Bank For the Defendant : Ms. Gunja Pachisia : Ex-Parte. FINAL ORDER / JUDGMENT Delivered on 13.03.2026 Applicant State Bank of lndia instituted the present Application being the Original Application No.282 of 2018 fited in DRT-3, Kotkata on 19.04.201g against sole Defendant under section 19(1) of the Recovery of Debts & Bankruptcy Act, 19g3 (amended from time to time) for realization of Rs.10,51,2s7.00 (Rupees ten lakhs fifty one thousand two hundred fifty seven) as on 15.03.2018 and by way of interest @12.zso/o per annum with monthly rests from 16.03.2018 till realization. subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble chairperson DRAT,-Kolkata's direction vide letter No.4/6/DRAT/Kou2018(pt.) dated 't6.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 19.10.2019 and the same has been renumbered asT.A.1216 of 2019 vide Ld. Registrar's order dated 26.10.2019.

2. The brief facts of the case as set out by the applicant Bank in its Original Application, as under: 6'

T4/216 of 201 9 - DRT-2,KoI

(i) The defendant is carrying on business in the name and styre of .Maa Laxmi . Enterprise' made an application before the applicant Bank for credit accommodation. After verification and scrutiny of the necessary particurars, erstwhire state Bank of Bikaner and Jaipur was pleased to grant / sanction and disbursed the cash credit facility . to the tune of Rs.10,00,000/- (Rupees ten lakhs) in favour ofthe defendant vide Lefter of Arrangement dated 26.10.2016. pursuant to a notification dated 22.02.2017 ot the Government of rndia, State Bank of Bikaner and Jaipur has been acquired by state Bank of lndia under section 35 of the state Bank of rndia Act,195d with effect from 01.04.2017; hence, though the roan was sanctioned from state Bank of Bikaner & Jaipur Rathtala Branch but the roan documents and the roan Account is now maintained at state Bank of rndia, s.M.E.c. Barygunge at 50A, Gariahat Road, 04th Froor, p.s.- . Gariahat, Korkata - 700019. copy of said Lefter of Arrangement being sME r dated 26.10.2016 is annexed and marked as Annexure ,A_1,.

(ii) ln consideration of the aforesaid cash credit facility, the defendant executed and delivered loan documents ail dated 26.10.2016 in favour of appricant Bank:

(a) Supplementary Agreement of Loan_cum_Hypothecation being SME4; (b) Lefter of Consent;

(c) Link Letter (SME-12) _ copy of said documents are annexed and marked as Annexure A-2,, ,A-3, & ,A-4,.

3. The Defendant availed and enjoyed the aforesaid cash credit facility by opening Account in erstwhile Bank's Rathtala Branch. ' However, the defendant failed and neglected to operate the said Loan Account. The Defendant did not repay the outstanding loan amount and overdue interests in loan Account. Since the defendant did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. on 14.01.2019. since the defendant failed and neglected to. repay the outstanding Bank's dues, applicant Bank compelled to issue a legal notice on dated 16.03.2018 upon the defendant through its Advocate, but the defendant did not comply with the said notice; copy of said legal notice dated 16.03.201g along with postal receipt are annexed and marked as Annexure 'A-5'. certified copies of statement of Account along with certificate under Bankersr Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'As'), and further interest to be calculated from 16.03.2018 @ 12.7io/o per annum with monthly. rests, till realization, has been prayed. Applicant Bank submifted that their claim in the Application is within limitation.

4. The notice / summons was sent to the Defendant by the Tribunal. lt is observed from s/R on affidavit dated 09.09.2022 and its enclosure that service of Notice / ' summons by postal servic,e has been successfully effected upon the Defendant, such has been recorded vide Ld. Registrar's order dated 15.09.2022. Despite service, the defendant did not appear nor filed the written statement; thus, the defendant was ordered to be proceeded ex-pafte vide order daled 22.O3.2024. Applicant Bank has filed the .,st!he".

TA1216 of 2019 - DRT-ZKo| written notes of argument on dated 1g-04.2024 and 12.11.2024, thereby stated the brief facts of the case as has been narrated in the originar apprication. td. Advocate of the applicant Bank has submitted argument on 13.02.2026.

5. Applicant Bank has fired the evidence-on-Affidavit affirmed by sri Ajit paur, chief Manager of Bank's s.M.E.c., Bailygunge, 50A, Gariahat Road, Korkata _ 700084 arong with the copies of originar documents executed by Defendant. originar documents have . been produced by appricant Bank; the same have been verified with copies of the documents annexed with o.A. and after verification the originar documents have been returned to sri Kundan Kumar Karn, city case officer of Bank,s sARB south Bengar, . Jeevan Deep Brdg., Korkata - 700071 0n 15.0g.2022, such has been recorded in Ld. Registrar's order dated 1s.09.2022. The documents produced by appricant Bank are exhibited and annexed as Annexures ,A_1" to ,A.4,,. I have heard the Ld. Advocate for the appricant Bank and p"rrid the records. 6' Evidence-on-affidavit, fired by appricant Bank, has remained unchalenged, un- rebutted and its veraclty cannot be put to dispute.-. Appricant Bank has co,oborated the averments made in the o.A. Appricant Bank has proved the sanction of cash credit . facility to the rimit of Rs.10.00 lakhs vide letter of Arrangement dated 26.10.2016. Applicant Bank has proved the primary security of the said roan facirity was the Agreement of Loan-cum-Hypothecation, described in Annexure ,A-2' at page 26 to 29 and para lll.A at page 3 & 4 of the original application.

7. on the point of rimitation, Loan has been sanction ed on 26.10.2016; roan documents have been executed on dated 26.10.2016 and original Application has been filed on 19.04.2018. As such, the original Application appears to have been filed well within the period of limitation.

8. Applicant Bank stated that the outstanding balanc,e in cash credit Account (inclusive of accrued interest and other charges as calculated upto 1 5.03.201g) is Rs.l0,51,257.00 (Rupees ten lakhs fifty one thousand two hundred fifty seven) as on 15.03.2018, which is the amount claimed by applicant Bank in the original Application, and the defendant is liable to repay the said amount to the applicant Bank with pendente lite and future interest, till realization in full. I allow the claim as made by the applicant . Bank in the original Application. Applicant Bank has prayed future interest @ 12.7so/o per annum with monthly rests from 16.03.2018, till realization, while in Letter of Arrangement dated 26.10.2016 the rate of interest @ 10.80% per annum, at monthly rests, has been mentioned. Therefore, the pendente ite & future rate of interest @ 1o.g0o/o per annum, with quarterly rests, from 16.03.2018, is allowed.

9. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved its claim made in the O.A. The original . application being T.4./216 ot 2019 (arising out of O.A./282 ot ZO18) deserves to be allowed ; henc,e allowed.

T41216 of2019 - DRT-2/Ko|

10. ln view of the above, I pass the following order :_

ORDER

(i) T-A.1216 of 2019 (arising out of o.A./282 or 2o1B) fired by appricant Bank, is allowed and debt is determined with cost against the Defendant. rt is hereby ordered that the Defendant is hereby directed to pay, the totar debt amountof Rs.i0,8r,2s7.00 (Rupees ten lakhs fifiy one thousand two hundred fifty seven) upto 15.03.2018; and interest for the period pendente tite and future @ 10.g0% per annum, with quarterry rests, from 16'03.2018, tirr rearization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendant in the loan account or amount, if any, , recovered by the appricant Bank after filing of the original apprication, the same may be taken into account whire arriving at the exact amount of dues/debt payabre by the Defendant. Accordingly, the pendente lite and future interest shall be calculated on the reduced amount,

(iii) The Defendant is debaned from transfering, alienating, encumbering or disposing of the hypothecated movabre assets; described in Annexure ,A-2, atpage 26 to 29 and para lll.A at page 3 & 4 of the original application, as under _ ,, Hypothecated Movabte Assets.,, The defendant is also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to r him till the aforesaid adjudicated debt amount are recovered from the Defendant.

(iv) The Defendant is given a time of sixty days from the date of this Final Order / Judgment for repayment of the above mentioned dues, so intimated to him. ln case the Defendant fails to pay the dues within the above mentioned time, applicant Bank is entitled to recover its dues by sale of secured property(s), as aforesaid. Applicant Bank is also entitled to proceed against personal property(s) of the Defendant both moveable and immoveable and also proceed against the sole Defendant persoially to recover the dues, in accordance with law.

(v) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Final Order / Judgment for issuance of the same against the Defendant in favour of , applicant Bank under Section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for signature for issuance.

(vi) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from Defendant, in accordance with law.

(vii) Ld. Registrar of this Tribunal is directed to place Recovery Certificate in terms of this Final Order / Judgment under section 19(22) of the Act of 1 993. U-9,

T4/216 of 2019 - DRT-2/Kot Accordingry, the originar Application, being T.A./216 of 2019 (arising out of O.A.1282 of 2018) is allowed and stands disposed of. File be consigned to Record room. This order is dictated and co,ected by the undersigned and pronounced on this ' the 13th day of March 2026. copy of the Final order / Judgment be uploaded on the Tribunal,s website. tb Presiding fficer DRT-2, Kolkata 1,1 &D r,, Madhav) /3'1.<