STATE BANK OF INDIA vs SRI SUJOY ROY CHOUDHARY on 24 April 2026

Order

Office action with date and dated Signature of parties when necessary

24. U.2 Order with Signature Counsel for the parties: Sri Subir Kr. Bera, Ld. Advocate representing Mr. pankaj Kr. Mukherjee, Ld. Counsel for the applicant Bank. None for the defendant. T.4.1223 ot 2020 (arising out of 0.4./676 of 2018) is 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 -k=9 (Arbli-dl[fadhav) Presiding Officer DRT-2, Kolkata f .4.1223 ol 2020 - ORJ-ztKot DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan Sudha Bldg. 07th Floor,42lC, J.L. Nehru Road, Kolkata _7OOOI1 re Shri Arbin Madhav idin er T.A. No. 223 ot 2020 (Arising out of 0.4./676 of 2018) ln trre matter of - state Bank of lndia, a body corporate constituted by and under the state Bank of lndia. Act, 1955, having its central ofiice at state Bank of lndia, Madam cama Road, Mumbai

- 400021, having its local Head ofiice at 'samriddhi Bhawan', 1, shand Road, Kolkata - 700001, and carrying on banking business, inter-alia, at its Jodhpur park Branch of state Bank of Bikaner & Jaipur (now merged with state Bank of lndia), 71, Jodhpur park, Kolkata - 700068, District - south 24-parganas, west Bengal, and also at its recovery branch namely, stressed Assets Recovery Branch (SARB) south Bengal, Jeevan Deed Building, 1, Middleton Street,02nd Floor, Kolkata -700071, West Bengal. Applicant Bank -Versus- Sri Sujoy Roy Choudhury, Son of Sri Amar Roy Choudhury, residing at premises No.1fl, Adarsha Pally, P.O.- Regent Estate, p.S.- patuti, Kotkata - 7OOO92. Defendant

Counsel for parties: For the Applicant Bank For the Defendant : Mr. Pankaj Kumar Mukherjee '. Ex-Pafte

FINAL ORDER

'

JUDGMENT

Delivered on 24.04.2026 Applicant, State Bank of lndia (formerly State Bank of Bikaner & Jaipur), instituted the present Application being the Original Application No. 0.A./676 of 2018 fited in DRT-3, Kolkata on 13.08.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for realization of Rs.22,06,680.00 (Rupees twenty two lakh six thousand six hundred eighty) including interest upto 10.05.2018 and further interest from 11.05.2018 computable at the agreed rate, till the date of filing of the application, interim interest and interest on certificate, till realization of the amount found due. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble Chairperson DRAT, Kolkata's direction vide lefter No.4/6/DRAT/KOU2018(pI.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 30.10.2019 and the same has been renumbered asT.A.D23 of 2O2O vide Ld. Registra/s order dated 22.11.2019. :t r.4.1223 ol 2020 - ORT-2tKot

2. The brief facts of the case as set out by the appricant Bank in its originar Application, as under:

(i) The defendant made an application for Housing Loan facility in the Jodhpur park Branch of state Bank of Bikaner & Jaipur for purchasing a residentiar flat and one car parking space vide roan Application dated 07.09.2013; copy of said Housing Loan Application dated 07.09.2013 is annexed and marked with Annexure ,A_1,. pursuant to the said request, Jodhpur park Branch of erstwhire state Bank of Bikaner & Jaipur was pleased to grant / sanction one Housing / Term Loan of Rs.20,00,000.00 (Rupees twenty lakh) in favour of the defendant vide Arrangement Letter dated 17.09.2013. copy of Bank's Letter of sanction dated 17.09.2013 is annexed and marked with Annexure ,A_2,. It has been made out that arthough Jodhpur park Bank Branch of state Bank of Bikaner & Jaipur is connected with the transaction of this case but of late for administrative policy the said state Bank of Bikaner & Jaipur merged with the State Bank of lndia as per the Gazette of lndia notification daled 22.02.2017 with effect fr om 01 .o4.2017 and the records of this case were transferred to stressed Assets Recovery Branch (sARB), south Bengal of state Bank of lndia at Jeevan Deep Bldg., 02nd Floor, Kolkata -7ooo71for recovery of the defaulted dues.

(ii) ln order to avail the aforesaid home loan facility of Rs.20.00 lakh, the defendant executed and delivered the following loan documents in favour of applicant Bank:

(a) Memorandum of rerm Loan Agreement for Housing Loan dated 17.0g.201i; (b) Letter of the Defendant dated 12.12.2013 regarding Affidavit of Declaration and indemnity;

(c) Copy of Affidavit notarized on dated 14.11 .2013. copy of said documents are annexed and marked with Annexures'A-3,, ,A-4,& ,A- 5' respectively.

(iii) ln order to secure the repayment of the outstanding Term Loan facility, the defendant created equitable mortgage in respect of his immovable property, morefully described in schedule'x'at page 99 and para 3A at page 5 to 7 of the original application, by deposit of Deed of conveyance being No.7527 for the year 2013 with the applicant Bank. To that effect, the defendant executed and delivered a Letter dated 26.0g.2013 confirming creation of equitable mortgage by deposit of his Deed of conveyance No.7s27 for the year 2013 in favour of applicant Bank. Also the defendant has executed a Letter of Agreement to Mortgage dated 17.09.2013 and valuation Report dated 15.03.201g of the mortgaged property. Copy of said documents are annexed and marked as Annexures ,A-6,' to ,A-10" respectively.

3. The Defendant availed and enjoyed the said Housing / Term Loan facility by openingAccount in erstwhile Bank's Jodhpur Park Branch, 71, Jodhpur park, Kolkata - 700068. However, the defendant failed and neglected to abide by the terms and nditions of the facility. The Defendant did not repay the agreed EMls and overdue f .A.1223 ol 2O2O - ORr-2,Kot interests in loan Account; he has stopped transaction in the Term Loan Account since long. lnspite of repeated requests and personar contact made by appricant Bank, the defendant failed to regularize the loan Account. since the defendant did not pay any attention to regularize the Account, the Account became out of order and was crassified as N.pA. on 20.02-2017. Thereafter, appricant Bank finding no other arternative issued a demand notice dated 19.02.2018 upon the defendant through its Ld. Advocate demanding payment of outstanding amount, but the defendant did not compry the said notice; copy of notice dated 19.02.2019 is annexed and marked with retter ,A-11,. However, the defendant admitted and confirmed his indebtedness by executing one Revival Letter dated 10.09.2016 in favour of appricant Bank acknowredging the outstanding barance in loan Account; copy of said Revival Letter dated 10.09.2016 is annexed and marked with Lefter 'A-13'. certified copies of statement of Account along with certificate under Bankers' Books of Evidence Act, with interest calculation sheet and statement of claim, have been filed to show and prove the dues, Annexure ,A-12', and future interest computable at the agreed rate, till realization of the amount found due, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

4. The notice / summons was sent to the Defendant by the Tribunal. lt is seen from the s/R on affidavit dated '10.09.2025 and its enclosures that service of summon upon the defendant by post is successfully effected, such has been recorded vide order dated 05.02.2026- Despite service, the defendarit did not appear nor filed the wriften statement; thus, the defendant was ordered to be proceeded ex-pafte vide order dated 05.02.2026. Ld. Advocate of the applicant Bank has submitted argument on .03.2026. 5' Applicant Bank has filed the evidence-on-Affidavit affirmed by sudhansu Kumar Biswas, chief Manager of Bank's Stressed Assets Recovery Branch (sARB), south Bengal, Jeevan Deep Building, Kolkata - 7ooo71 along with the copies of original documents executed by Defendant. original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with o.A. and after verification the original documents have been returned to Mr. Abhijeet Kumar, Manager, SARB South Bengal, Jeevan Deep Bldg., Kolkata on 19.12.2023, such has been recorded in Ld. Registrar's order dated 19.12.2023. The documents produced by applicant Bank are exhibited and annexed at'A-1'to'A-13'. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

6. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, un- rebutted and its veracity cannot be put to dispute. Applicant Bank has corroborated the averments made in the T.A./o.A. Applicant Bank has proved the sanction of Housing / Term Loan facility of Rs.20.00 lakh vide Arrangement letter dated 17.09.2013. Applicant Bank has proved the creation of mortgage in respect of immovable property of the defendant; described in Schedule 'X'at page 99 and para 3A at page 5 to 7 of the original application.

T.A.t223 of 2O2O _ ORT_2tKot

7. on the point of rimitation, Loan has been sanction ed on 17.0g.2013; roan documents have been executed on dated 1z.og.2o1g & 12.12.201g and originar Application has been fired on 13.08.2018. The defendant admitted his debt & riability by executing one Revival Letter dated 10.09.2016 in favour of applicant Bank confirming the outstanding balance in loan Account; as such, the original Application appears to have been filed well within the period of limitation. 8' Applicant Bank stated that the outstanding balance in Housing / Term Loan Account (inclusive of accrued interests and other charges as carcurated upto 1 0.05.201g) is Rs'22'06,680.00 (Rupees twenty two rakh six thousand six hundred eighty) as on 10.05.2018, which is the amount craimed by appricant Bank in the originarApprication, and the defendant is liable to repay the said amount to the applicant Bank with pendente lite and future interest, till realization. I allow the claim as made by applicant Bank in the original Application. Applicant Bank has prayed further interest from 11.05.201g computable at the agreed rate till the date of filing of the application, till realization of the amount found due, whire in the Arrangement Letter dated 17.09.2013 the rate of interest @ 10.40Yo per annum with monthry rests, has been mentioned. rt is seen that the defendant has taken the roan for house buirding purposes; therefore, in my view, the pendente /lfe & future rate of interest @ 10.40% per annum, simple, from 11.0s.201g, till realization in full, is allowed.

9. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved its claim made in the o.A. The original application being T.A.1223 ol 2020 (arising out of 0.A./676 ot 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A.1223 of 2020 (arising out of 0.4./676 of 2018) fited by appticant Bank, is allowed and debt is determined with cost against the Defendant. lt is hereby ordered that the Defendant is hereby directed to pay, the total debt amount of Rs.22,06,680.00 (Rupees twenty two lakh six thousand six hundred eighty) due and payable, inclusive of interest and other charges as calculated upto 10.05.2018; and interest for the period pendente lite and future @ 10.40o/o perannum, simple, ftom 11.0s.2019, till realization 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 applicant Bank after filing of the original Application, the same may be taken into account while aniving at the exact amount of dues/debt payable by the Defendant. Accordingly, the pendente lite and future interest shall be calculated on the reduced amount.

(iii) Defendant is debarred from transferring, alienating, encumbering or disposing of the mortgaged immovable property; described in Schedule'X'at page 99 and para 3A at 5 to 7 of the original application, as under - f .A.r223 ol 2020 - DRf -Z//\ot Mortqaoedlmmovable P "ALL THAT one reside.ntiat flat being No.ls, 03d Froor, measuring more or ress e50.sq ft. alonq yyth 1 (one) ogel .la, prl*i1g "pLr" measuring more or tess 100 sq.ft on the Ground Ftoor situated at llouia _ n'aiiui, ,l.t Nr.,r, "C.s. ;rg Nr.obg c.S. Khatian No.1s4, sub-Registry ofrice .at etipi,ii ieing the K.M.c. iiinii"r-ito.stn, Jorabagan Road, p.s.- Jadaipur, unoer wira ui.gg,-Kotkrt" - toooii, iiin. octria of South 24 Parganas. ^ This propefty was purchased by Sujoy Roy Choudhury by a rcgistered Deed of Conveyance No.O7i27 for the year 201i.','

(iv) Defendant is given a time of sixty days from the date of this Finar order / Judgment for repayment of the above mentioned dues, so intimated to him. rn case the Defendant fails to pay the dues within the above mentidned time, applicant Bank is entiled to recover its dues by sale of secured property(s), as aforesaid. Appricant Bank is arso entifled to proceed against personar property(s) of the Defendant both moveabre and immoveabre and also proceed against the Defendant personaily 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 sole Defendant in favour of applicant Bank under section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993 (amended from time to time) 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 theAct of 1993. Accordingry, the originar Apprication, beingT.A.t223 or 2020 (arising out of

0. A./676 of 2018) is attowed and stands disposed of. File be consigned to Record room. This order is dictated and corrected by the undersigned and pronounced on this the 24th day of April, 2026. copy of the Finar order / Judgment be uproaded on the Tribuna|s website. tw)t -- (Arbind Madha Presiding Ofiicer DRT-2, Kolkata tb