Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SRI BASU DEV PAUL on 25 June 2026
Page No.
KOLKATA EEBTS REGOVERY TRIBUNAL NO. 2
ORDER EHEET
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Date
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25.06.2026
Or&r u,tth Slen t r!
(Arbind tMadhav)
Presiding Officer
DRT-2, Kolkata
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COUNSEL FOR THE PARTIES:
Mr Kaushik Das appeared for the Applicant Bank'
None for the Defendants.
TAl571 of 2O2O is allowed and disposed off Final Order/Judgement is in separate sheet of 4 pages'
File be consigned to record room
Order be uploaded on the Tribunal's Website'
T A.t571 of 2020 - DRT-2/Kol
DEBTS RECOVERY TRIBUNAL . 2, KOLKATA
Jeevan Sudha Bldg. 07th Floor, 421C, J.L. Nehru Road, Kolkata -700071
Before Shri Arbind Madhav, Presidinq Officer TA No. 571 of 2020
(Arising out of OA No.862 of 2018)
ln the matter of
STATE BANK OF lNDlA, a body corporate constituted under the State Bank of lndia Act,1955 having its central office at fi/adame Cama Road, Mumbai 400021 and having its Local Head Office at Samriddhi Bhawan, 1, Strand Road, Kolkata-700001 and carrying on banking business through different branches amongst others at its Recovery Office being Stressed Assets Recovery Branch in short S.A.R.B, Sor,rth Bengal at 1, I\rliddleton Street, 2nd Floor, Jeevan Deep Building, Police Station- Shakespeare Sarani, Kolkata-700071.
Applicant Bank
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1. Sri Basu Dev Paul, son of Dhirendra Chandra Paul residing at 4312 Jheel Road, Jadavpur, Police Station-Kasba, Kolkata-700075 and also at 23113A, Naktala Road, Flat No.1 on 1't Floor, Post Office-Naktala, Police Station-Jadavpur, Kolkata-7O0047. .. Defendants Counsel for parties: For the Applicant Bank For the Defendant SANGITA RAI, ADVOCATE Ex-Parte. FINAL ORDER / JUDGMENT Delivered on 25 06.2026 Applicant State Bank of lndia instituted the present Application being the Original Application No.T.A./571 of 2O?-O on 01.11.2018 against a sole Defendant under Section 19(1) 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.18,01 ,203.z4|-(Rupees Eighteett Lac One Thousand Two Hundred and Thr"ee and Twenty Four Paisa Only) with further interest @10.40Yc p.a compounded monthly rests from 01.10.2018 till payment in f'ull with costs expenses.
2. Subsequently the file was transferred to DRT-ll, as per direction of Hon'ble Chairperson, DRAT, Kolkata under Section 17A conveyed vide DRAT, Kolkata's letter no4/6/DRATlKOLlzOlB(Pt) dated 16 09 2019 ln compliance of the order datecJ 16.09.2019 the OA has been transferred from DRT-Ill to this tribunal and renumbered as TA 571t2020.
T.A.1571 of 2020 - DRT-2/Kol
3. The brief facts of the case as set out by the Applicant Bank in its Original Application, as under:
(i) The Defendant on or about 27.08.2013 made an application to the Applicant's subsidiary bank "State Bank of Bikaner and Jaipur", Jodhpur Park Branch, at 71 Jodhpur Park, Kolkata-700063 for availing Home Loan which was sanctioned on 05.09.2013 a Term Loan facility of Rs.20.00 Lakhs, based on certain terms and conditions. The copy of letter of arrangement dated 05.09.2013 is annexed and marked with Annexure "A".
(ii) The Defendant created mortgage by deposit of title deed being no.07237 for the year 2013 the copies of which is marked with Annexure "B" collectively.
(iii) The documents executed in the process:- i. Jt/emorandum of Loan Agreement for home loan granted
ii. Letter of Consent and Agreement to Mortgage iii An Affidavit dated 13.11.2013 The copies of these are marked with letters "C", ''D" & "E respectively with this OA.
3. However, the defendants failed and neglected to abide by the terms and conditions of the facility The Defendants did not repay the agreed EMls 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. A letter was issued by the Advocate of the Applicant Bank on 03.09.2018 demanding the requisite payment, the copy of which has been marked with Annexure "F" collectively.
4. 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 23.04.2025.
5. Applicant Bank has filed Evidence-on-Affidavit, affirmed by Ashis Kumar Biswas, Deputy Manager of the Applicant Bank 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.
6. I have heard the Ld. Advocate for the applicant Bank and perused the records.
7. 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 01.11.2018. The Application is within the limitation as mentioned in section 24 of the Recovery of Debts and Bankruptcy Act 1993.
9. Applicant Bank has stated that the outstanding balance in loan Account Rs.18,01 ,203.z4|-(Rupees Eighteen Lac One Thousand Two Hundred and Three and Twenty Four Paisa Only) with further interest @10.40% p.a compounded monthly rests from 01 .10.2018 till payment in full with costs expenses has been mentioned, the copy -,.tgf the statement of accounts annexed as Annexure "G" and "H" respectively. ln the --e
J T.A.l571of 2020 - DRT-2/Kol Arrangement Letter dated 05.09.2013 inerest @10 15% has been mentioned. Therefore, in my view, lhe pendentelite & future rate of interest, interest @10 15o/o per annum, with simple interest, from 01 .10.2018 till realization of the dues is allowed.
10. 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 T .4.157 1 of 2020 deserves to be allowed; hence allowed.
11. ln view of the above, I pass the following order:
ORDER
(i) T A. No.571 of 2020 (Arising out of OA No 862 of 2018), 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.18,01 ,203.241- (Rupees Eighteen Lac One Thousand Two Hundred and Three and Twenty Four Paisa Only) with interest calculated upto 30.09.2018 with further interest from 01.10.2018 till the date of realization of entire dues @10.15o/o p.a, 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 frorn transferring, alienating, encumbering or disposing of the mortgaged immoveable asset, described in Para 34 Schedule of the original application:- e lmmoveable P lr/lo a ed to the ALL THAT a residential flat being No.1 (South East Facing), admeasuring about 1000sq.ft more or /ess on the 1't floor, along with one car parking space measuring about 100 sq.ft on the ground floor of the building lying and situated at 23/134, Naktala Road, Post Ofice-Naktala, Police Station-Jadavpur, Ward No.100, Kolkata-700047 along with the undivided proportionate share of land measuring about 4 cottahs more or /ess lying and situated under Mouza-Naktala, J.L No.32, Touzi No.56, Khatian No.206, Dag No.150 and 151, Sub Registrar Office at Alipore, Kolkata Municipal Corporation Premises No.23/13A, Naktala Road. 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 -l--aforcsaid adjudicated debt amount are recovered from the Defendant. O SCHEDULE
r .A.t571 ol 2020 - DRT-2/Kol
(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.571 ol 2020 (Arising Arising out of OA No.862 ot 2018) is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 2Sth day of June 2026. Copy of the Final Order / Judgment be uploaded in the Tribunal's Website. lr- ,Q rYD l,r , (Arbi Presiding Officer DRT-2, Kolkata kkb