STATE BANK OF INDIA vs SMT TANIYA BANERJEE on 21 May 2026

Order

o{fice action wih date and da&d liig[lature of panies Bhrn rEolssary

21.05.2026 Counsel for the parties Mr. Had Charan yadav, Ld. Advocate for the applica Bank. None for the defendant T.A.l25 of 2020 (arising out of O .A.1466 of 2OjB) is allowe 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 ffi**, Presiding Officer DRT-2, Kolkata Order w3th Signaturc Central Bank of lndia r.A.l25 ot 2020 - ORf -zKol DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan Sudha Bldg. 07th Floor,421C, J.L. Nehru Road, Kolkata -700071 Before Shri Arbind Madhav. Presidinq Officer T.A. No.25 ot 2O2O (Arising out of 0.A./466 of 2018) ln the matter of- State Bank of lndia, a banking institution and a body corporate constituted, incorporated and formed by and under the provisions of the State Bank of lndia Act, 1955, having its Central Office at State Bank of lndia, Madam Cama Road, Mumbai - 400021, Local Head Office at'Samriddhi Bhavan', 1, Strand Road, Kolkata - 700001, and carrying on their banking business, inter-alia, amongst others at Bidhannagar Branch of State Bank of Travancore, now merged with State Bank of lndia, CD-32, Sector-|, Opposite Tank No.3, Salt Lake City, Kolkata - 700064 and also at Stressed Assets Recovery Branch,2ll , Russel Street, 03d Floor, P.S.- Shakespeare Sarani, Kolkata -700071. Appl,.:ant Bank -Versus- Smt. Taniya Banerjee, daughter of Sri Sukharanjan Biswas, residing at 2nd Floor, Room No.6, Panchabati Apartment, 134, H. L. Sarkar Road, P.O.- Bansdroni, P.S.- Regent Park, Kolkata - 700070 and also of 17, New Government Colony, P.O.- Bansdroni, Kolkata - 700070. Defendant

Counsel for parties: For the Applicant Bank For the Defendant : Mr. Hari Charan Yadav : Ex-Parle

FINAL ORDER

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JUDGMENT

Delivered on 21.05.2026 Applicant, state Bank of lndia instituted the present Application being the original Application No. 0.A./466 of 2018 filed in DRT-3, Kolkata on 06.06.20t8 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for realization ot Rs.14,72,522.29 (Rupees fourteen lakh seventy two thousand five hundred twenty two and paise twenty nine) with interest @ 9.95% with monthly rests calculated upto 30.04.2018, jointly and severally, from 01.05.2018, till full and final realization. subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble chairp:rson DRAT, Kolkata's direction vide letter No.4/6/DRAT/KOU2O18(pt.) dated 16.09.2019, such has been recorded vidr:

J .A.125 of 2020 - ORf -ztKot Ld. Registrar, Kolkata DRT-3's order dated 24.10.2019 and the same has been renumbered as T.A./25 ot2020 vide Ld. Registrar's orderdated 01 .11.2019.

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

(i) The defendant as borrower and the guarantor made an application before State Bank of rravancore, Bidhannagar Branch, sart Lake city, sector-r, Korkata - 700064, which has now merged into State Bank of lndia as per the Gazette of lndia notification daled 22.02.2017 with effect trom 01.04.2017, for availing credit facility for carrying on business. Upon consideration of roan apprication, applicant Bank was pleased to grant / sanction a Term Loan of Rs.9,9g,000.00 (Rupees nine lakh ninety nine thousand) to the defendant vide lefter of arrangemenl dated 22.12.2015 copy of loan applcation date<J 30.11.2015 and letter of arrangement dated 22.12.2015 are annexed and nrarked with Letter 'A-1' & 'A-2'.

(ii) ln consideration of the aforesaid Term Loan facility of Rs.9.99 lakh, the defendant executed and delivered the following loan documents all dated 22.12.201s in favour of applicant Bank:

(a) Agreement of Term Loan:

(b) Hypothecation Agreement for Term Loan;

(c) Letter furnishing particular of Assets; (d) Letter of Undertaking; (e) Letter of lndemnity; (f) Agreement executed by body builder dated 20.01.2016. copy of said documents are annexed and marked with Letters ,A-3, to ,A-g, respectively.

(iii) The defendant further made an application to the applicant Bank for sanction of cash credit loan by an application dald 27.07.2016. Upon consideration of loan application, applicant bank was pleased to sanction a cash credit facility to the limit of Rs.4,50,000.00 (Rupees four lakh fifty thousand) to the defendant vide tetter of Arrangement daled 27.07.2016. copy of loan application and letter of arrangement both daled 27 .07 .2016 are annexed and marked with Letter ,A-9, & ,A_10,.

(iv) ln order to secure the said cash credit facility of Rs.4.50 lakh, the defendant duly executed and delivered the Hypothecation cum wo king capital Agreement dated 27 .07 .2016; copy of said document is annexed and marked with letter ,A_1 1,.

3. The Defendant availed and enjoyed the said credit facilities by opening Accounts in Bank's Bidhannagar Branch, Sart Lake city, cD-32, sector-r, Korkata - 700064, accounts maintained in sARB Kolkata,2/1 Russel street, Kolkata -700071. However, the defendant failed and neglected to abide by the terms and conditions of the facility. The Defendant did not repay the outstanding Bank's dues, agreed EMls and overdue interests in loan Accounts. since the defendant did not pay any attention to regularize the Accounts, theAccounts became out of order and was classified as N.pA. Applicant Bank r.A.t25 0t 2020 - DRr-ztKot finding no other alternative issued Demand Notice dated 22.05.2018 to the defendant through it's Advocate demanding to pay the outstanding dues amount, but the defendant failed and neglected to make repayment of the loan, copy of said advocate,s notice dated 22.05.2018 along with postal receipt and A/D card are annexed and collectively marked with Letter 'A-12'. certified copies of statement of Accounts arong with certificate under Bankers' Books of Evidence Act, with interest calculatiorr sheet, have been filed to show and prove the dues (Annexure'A-13'& 'A-14,), and future interest @ 9.9s% per annunr with monthly rests, jointly and severally, from 01.05.2018, till full and final realization, 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 Tribunar. rt is seen from the s/R on afiidavit dated 0g.02.2023 and its enclosure that service of summon upon the Defendant is successful, such has been recorded vide Ld. Registrar's order dated 10.06.2024. Despite service, the sore defendant did not appear nor fired the written statement; thus, the defendant was ordered to be proceede d ex-parte vide order dated 02.05.2025. Ld. Advocate of the applicant Bank has sulrmitted argument on 17.04.2026.

5. Applicant Bank has filed the evidence-on-Affidavit affirmed by Nibha Bharti, Dy. Manager / city case officer of Bank's SARB, 2/1, Russel street, Kolkata - 700071 along with the copy of original documents executed by the Defendant. original documents have been produced by applicant Bank; the same have been verified with copies of documents annexed with o.A. and after verification the original documents have been returned to Ms. Nibha Bharti, Dy. Managerof Bank's SARB,2/1, Russel street, Kolkata -700071 on 16.11.2022, such has been recorded in Ld. Registrar's order dated 16.11.2022. The documents produced by applicant Bank are exhibited and annexed at ,A-.t,to ,A-14'. I have heard the Ld. Advocate ofthe appricant Bank and perused the records.

6. Evidence-on-affidavit, fired by applicant Bank, has remained unchallenged, un- rebutted and its veracity cannot be put to dispute. Apphcant Bank has corroborated the averments made in the o.A. Applicant Bank has proved the sanction of term loan facility of Rs'9.99 lakh vide letter of arrangement dated 22.12.2015 and cash credit facility to the limit of Rs.4.50 lakh vide letter of arrangement dated 27.01 .20,16. Applicant Bank has proved the creation of hypothecated movable assets, described in schedule at page 15 and para lll.A at page 4 & 5 of the original application. 7 . on the point of limitation, Loan has been sanctione d on 22.12.201s & 27 .07 .2016, loan / security documents have been executed and delivered on 22.12.201s & 27 .07 .2016 and original Application has been filed on 06.06.201g. As such, the original Application appears to have been filed well within the period of limitation.

f .A.r25 ot 2o2O - ORJ-2lKot

8. Applicant Bank has stated that the outstanding balance in Loan Accounls (lnclusive of accrued interest and other charges as calculated upto 30.04.201g) for an aggregate sum of Rs.14,72,522.29 (Rupees fourteen lakh seventy two thousand five hundred twenty two and paise twenty nine) as on 30.04.2019, which is the amount claimed by appricant Bank in the original Application, and the defendant is liable to repay the said amount to the applicant Bank with pendente tite and future interest, till realization. I allow the claim as made by applicant Bank in the originalApplication. Applicant Bank has prayed future interest @ 9.95% per annum with monthry rests from 01.05.201g, tifl fuil and finar realization, while in letter of Arrangement dated 22.12.201s and 27.07.2016 the rate of interest @ 9.95Yo and @ 9.60% per annum respectivery, with monthry rests, have been mentioned. Therefore, in my view, rhe pendente ile & future rate of interest @ 9.7so/o per annum, with quarterly rests, from 01.0s.201g, till full and final realization, is allowed. 9' The matter also fulls within the tenitorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved to craim made in the O.A./T.A. The T.A. being T.A.2S of 2020 (arising out of 0.4./466 of 201g) deserves to be allowed; hence ailowed.

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

(i) T .A.r25 of 2020 (arising out of 0.4./466 of 2018), filed by appricant Bank, is ailowed and debt is determined with cost against the sole Defendant. lt is hereby ordered that the Defendant is hereby directed to pay the total debt amount ot Rs.14,72,s22.29 (Rupees fourteen lakh seventy two thousand five hundred twenty two and paise twenty nine) due and payable, inclusive of interest and other charges as carculated upto 30.04.201g; anrr interest for the period pendente tite and future rate @ g.7 50/o per annum, with quarterly rests, fiom 01.05.2018, tirl realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendant in the loan accounts or amount, if any, recovered by the applicant Bank after filing of the original Application, the same may be taken into account while arriving at the exact amount of dues/debt payable by the Defendant. Accordingly, lhe pendente tite and future interest shall be calculated on the reduced amount.

(iii) The defendant debarred from transferring, alienating, encumbering or disposing of the hypothecated movable assets; described in schedule at page 1s and para lll.A at page 4 & 5 of the original application, as under - _ "All That the HyOotlecgt!91 by way of first and paramount charge over an commercial vehicle model EtcHER 1o.isE BS ill Non ABS passengei-aus otthe Defe.ndant lying at the ptace of her business or wherever else tne sami iayie made available by the defendant.,, The Defendant is arso debarred from transferring, alienating, encumbering or disposing of any other property(s) either movable or immovable and assets belonging to hertill the aforesaid adjudicated debt amount are recovered from the Defendant. a

T .4.125 of 2O2O - DRT -2Kot

(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 her. ln case the Defendant fails to pay the dues within the above mentioned time, the 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 personally 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, .t 993 (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 the sole 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 ,,l993. Accordingly, the Original Application, being T.AJ25 ot 2020 (arising out d

0. A./466 ol 20181is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 21"tday of May, 2026. Copy of the Final Order / Judgment be uploaded in the Tribunal,s Website. A,{s. l'ot"" (Arbind M tb Presiding Officer DRT-2, Kolkata