STATE BANK OF INDIA vs SRI SUBHRAJIT DAS on 19 June 2026

1. Sri Subhrajit Das, son of Tapas Das residing at 18114 Jessore Road, Purobi Housing Complex, Kolkata - 700124 and at Basirhat Road (Near Boyes Club), It/aslandpur, Sadpur, West Bengal -743289. ..... Defendant Counsel for parties: For the Applicant Bank For the Defendant AN IRBAN PRATVIAN ICK, ADVOCATE Ex-Parte. Appticant State Bank of lndia instituted the present Application being the Original Application No.O.A./449 of 2024 on 10.07.2024 against a sole Defendant under Section 1g(l ) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for issue of a Certificate for Recovery of a sum of Rs.33,07,878.00 (Rupees Thirty Three Lacs Seven Thousand Eight Hundred & Seventy Eight Only) with interest calculated upto 2g.06.2024 with further interest from 29.06.2024 till the date of realization of entire dues @1 8o/o p.a. Subsequently the file was transferred to DRT-Il, Kolkata as a reason of change of jurisdiction of the Tribunals. The OAt49912014 has been renumbered as TA 795 of 2026. Z. The brief facts of the case as set out by the Applicant Bank in its Original

- Application, as under: FINAL ORDER / JUDGMENT Delivered on 1 9.06.2026

T.A./795 of 2026 - DRT-2/Kol

(i) The Defendant on or about 02.07.2016 applied to the Applicant Bank for a house building loan to the tune of Rs.25,50,00O(Rupees Twenty Five Lakh Fifty Thousand Only) & the same was sanctioned through a Letter of Arrangement. The copy of the loan application and Letter of Arrangement has been marked with letter "A" and "8" along with Exhibits "AW-1" & "AW-2".

(ii) The documents executed in the process:- i. lVemorandum of Loan Agreement for home loan granted

ii. Agreement to Mortgage iii Deed of Undertaking The copies of these are marked with letters "C", "D" & "E and Exhibit - "AW3", "AW4" & "AWs" respectively with this OA.

(iii) The Defendant deposited Original Title Deeds in order to secure the loan facility which was confirmed through a confirmatory letter dated 30.08.2016. The copy of the confirmatory letter dated 30.08.2016 confirming deposit of title deeds is annexed and marked with the letter "F" and Exhibit "A\ /6" & the copy of deed of conveyance with letter "G" and Exhibit "A\ /7".

(iv) The Applicant Bank prepared a valuation of the said property & the copy of the valuation report dated 07.08.2023 has been annexed and marked with letter "H" & Exhibit "AWB".

3. However, the defendants failed and neglected to abide by the terms and conditions of the facility. The Defendants did not repay the agreed ElVls and overdue interests in loan Account. lnspite of repeated requests and several correspondence made by the applicant Bank, the defendants failed to regularize the loan Account. The account became NPA on 22.04.2024. The copy of the statement of account has been marked with letter "l" & Exhibit "AWg".

4. A legal notice dated 01.07.2024 was issued demanding a payment of Rs.33,07,878.00 (Rupees Thirty Three Lacs Seven Thousand Eight Hundred & Seventy Eight Only). The copy of the Advocate's letter along with postal receipts are marked with letter "J" and Exhibit "AW10".

5. The Defendants are served with summons. The Defendants did not appear, as there was no representation from the Defendants, the case was fixed for ex-parte hearing on and heard ex-parte accordingly on 11.03.2026.

6. Applicant Bank has filed Evidence-on-Affidavit, affirmed by lMukesh Kumar Sinha, Chief Manager of the Stressed Assets Recovery Branch (SARB) along with the copy of original documents executed by the defendants. Original documents have been produced by the applicant Bank; the same have been verified with copies of the documents annexed with the O.A. and the originals have been returned to tvls Debjani Kar Majumdar CCO of the Applicant Bank. ,7. I have heard the Ld. Advocate for the applicant Bank and perused the records. ,m &

T.4.1795 of 2026 - DRT-2/Kol

8. 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 O.A.

The OA has been filed on 10.07.2024. The Application is within the limitation as mentioned in section 24 of the Recovery of Debts and Bankruptcy Act 1gg3.

10. Applicant Bank has stated that the outstanding balance in loan Account Rs.33,07,878.00 (Rupees Thirty Three Lacs Seven Thousand Eight Hundred & Seventy Eight Only) with interest calculated upto 28.06.2024 with further interest from 29.06 .2024 till the date of realization of entire dues @1Bo/o p.a. Whereas in the Arrangement Letter dated 26.07.2016 interest @9.40% has been mentioned. Therefore, in my view, the pendentelife & future rate of interest, interest @9.40% per annum, with simple interest, from 29.06 .2024 till realization of the dues is allowed.

11. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved to claim made in the O.A. The O.A. being f .A.1795 of 2026(Arising out of OA No.449 of 2024) deserves to be allowed; hence allowed.

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

ORDER

(i) T A No.795 of 2026 (Arising orit or oA No.449 of 2024), filed by the applicant 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 Rs.33,07,878.00 (Rupees Thirty Three Lacs Seven Thousand Eight Hundred & Seventy Eight Only) with interest calculated upto 28.06.2024 with further interest from 29.06.2024 till the date of realization of entire dues @9.40o/o p.d, with simple interest 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 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, the pendentelife and future interest shall be calculated on the reduced amount.

(iii) The defendant is debarred from transferring, alienating, encumbering or disposing of the mortgaged immoveable assets, described in Para 34 Schedule of the original application.- SCHEDULE OF THE MORTGAGED PROPERTY ALL THAT Land measuring about 01 cottohs 08 chittaks more or /ess along with a structure lying and situated at Mouza Udayrajpur, Plot No. JL No-43, RS rVo-6, Khatian No732 and 733, LR Khatian No.4381,4382 and 4383, Hal LR Khatian no.9514 and 9515, Dag No.1376 under local limits of Madhyamgram Municipality Ward No.4, under P.S Madhyamgram(formerly Barasat), District Norlh 24 Parganas, Kolkata-700155 standing in the name of Sri Subhrajit Das. ,-1r, -&

T.A./795 ot 2026 - DRT-2/Kol The Defendant is also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to 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, the applicant Bank is entitled to recover its dues by sale of secured properties, as aforesaid. Applicant Bank is also entitled to proceed against personal properties of the Defendant both moveable and immoveable and also proceed against the 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, 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 the 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 1993. Accordingly, the Original Application, being T.A. No.795 of 2026 (Arising out of OA No.449 of 20241is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 19th day of June 2026. Copy of the Final Order / Judgment be uploaded in the Tribunal's Website. I (Arbind Presiding Officer DRT-2, Kolkata ,! il0l^,. kkb