Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs AMIT SHARMA AND ANR on 11 September 2026
Page No,
KOLKATA DEBTS REGOVERY TRIBUNAL NO. 2
ORDER SHEET
(Contlnuetlon)
Cerc
TA1867 of 2026
Date
Ordcr
Vs
BANK OF BARODA
Offrca adionwith
-date ad dated
Rspnrhrre ol
. prdin*tcn
mocttary
11.09.2026
AMIT SHARMA & AI
Ordcr wlth Slgneture
//€7
(Arbhrft\/adhav)
Presiding Officer
DRT-2, Kolkata
ol
COUNSEL FOR THE PARTIES:
Mr Amit Gupta appeared for the Applicant Bank.
None for the Defendants.
TA 867 of 2026 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.
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T4/867 of 2026 - DRT-2/Kol
DEBTS RECOVERY TRIBUNAL . 2, KOLKATA
Jeevan Sudha Bldg. 07th Floor, 421C, J.L. Nehru Road, Kolkata -7OOO71
Before Shri Arbind Madhav, Presidinq Officer TA No. 867 of 2026
(Arising out of O.A.1428 of 2025)
ln the matter of
BANK OF BARODA, a body corporate constituted under the provisions of the Banking Companies (Acquisition & Transfer of Undertakings)Act, 1970 having its Head Office at Baroda, Gujarat and carrying on business interalia at Bank of Baroda, Salt Lake AB
Block Branch, AB-2, Salt Lake, Sector-1, Kolkata-700064, Dist- North 24 Parganas, P.S- Bidhannagar North.
.Applicant Bank
-Versus-
1. Mr Amit Sharma, Office Address- AB Construction Pvt Ltd. Fortune Chambers, 6, Lyons Range, M-22, North 24 '.Parganas, Kolkata-700001. Residential Address being Holding No.459, Canal Street, Near Sreebhumi Post Office, Ward No -t4, PO- Sreebhumi, PS- Laketown, North 24 Parganas, Kolkata- 700048. Also at 369/10, Dakshindari Road, south Dum Dum tMunicipality, Kolkata- 700048
2 Mr. Santosh Sharma, Office Address-Employee lD- DDS2100360, South Dunr Dum Municipality, Nager Bazar More, Dum Dum Road, Kolkata-700074.
Residential Address being Holding No.459, Canal Street, Near Sreebhumi Post Office, Ward No.34, PO- Sreebhumi, PS- Laketown, North 24 Parganas, Kolkata- 700048 Also at 369/10, Dakshindari Road, south Dum Dum tVunicipality, Kolkata- 700048
Defendants
Counsel for parties:
For the Applicant Bank
For the Defendant
AIVIT GUPTA, ADVOCATE
Ex-Parte.
FINAL ORDER / JUDGMENT
Delivered on 11 .09.2026
Applicant Bank of Baroda instituted the present Application being the Original Application No.O.A.1428 of 2025 filed in DRT-3, Kolkata on 19.06.2025 against two @
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T4/867 of 2026 - DRT-2/Kol
i.
The Defendants approached the Applicant Bank for a housing loan of Rs.25.20
Lakhs. The loan was sanctioned based on certain terms and conditions. The Loan Application dated 10.04.2023 & the sanction letter dated 29.04.2023 are marked as "A"
and "A-1 " respectively.
ii.
A House Loan Agreement dated 29.04.2023 was executed the copy of which is marked as Annexure "A-2".
iii.
Equitable Mortgage in respect of the property mentioned in Schedule A7 has been created. The copy of the Title Deed, Confirmation of deposit of Title Deed dated 07.06.2023 are annexed and marked as "A3" and "A4".
3.
The Defendants enjoyed the said loan facility. However, the defendants failed and neglected to abide by the terms and conditions of the facility. ln spite of repeated requests made by the Applicant Bank, the defendants failed to regularize the loan account. Since the defendants did not pay any attention to regularize the Account, the Account became out of order and was classified as Non-Performing Asset (NPA) on 08 11.2024. Demand Notice dated 14.11.2024 was issued the copy of which along with the postal receipts are marked as "A-5".
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 02.12.2025 and heard ex-parte accordingly.
5.
Applicant Bank has filed the Evidence-ln-Chief affirmed by Mirza Tauseef Ali, Branch [Manager of Canara Bank, Salt Lake AB Block Branch Kolkata along with the copies of original documents executed by Defendants. Original documents have been produced by the 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.
6.
Heard the Ld. Counsel for the Applicant Bank
7.
Evidence-ln-Chief, 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. Applicant Bank has proved the sanction of overdraft facillty.
8.
The Application is within the period of limitation hence allowed.
9.
Applicant Bank stated that the outstanding balance in loan Accounts is of Rs.25,26,778.46p (Rupees Twenty Five Lakhs Twenty Six Thousand Seven Hundred Seventy Eight and Forty Six Paisa only). ln addition thereto, a further interest @9.45%o per annum in Term/Housing Loan Account with monthly rests from 12.11.2024 fll realization of the entire due in full, which is the amount claimed by the Applicant Bank in the original Application. The Certified copy of the Statement of Account are marked with letter "4-6". I allow the claim as made by the Applicant Bank @9.45% per annum, simple interest from 1 2.11.2024.
10. 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 T.A. The original @
.1
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TA/867 of 2026 - DRT-2/Kol
per annum in Term/Housing Loan Account with monthly rests from 12.11.2024 fll realization of the entire due in full, which is the amount claimed by the Applicant Bank in the original Application. The Certified copy of the Statement of Account are marked with letter "4-6". I allow the claim as made by the Applicant Bank @9.45%o per annum, simple interest from 1 2.11.2024.
10. 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 T.A. The original application being T.A./867 of 2026 (arising out of O.A.1428 of 2025) deserves to be allowed; hence allowed.
11. ln view of the above, I pass the following order:-
ORDER
(i) T.A./867 of 2026 (arising out of O.A.1428 of 2025) filed by the Applicant Bank, is allowed and debt is determined with cost againstthe Defendants No.1 &2. lt is hereby ordered that the Defendants are hereby directed to pay, the total debt amount of Rs.25,26,778.46p (Rupees Twenty Five Lakhs Twenty Six Thousand Seven Hundred Seventy Eight and Forty Six Paisa only) as calculated upto 1 1 11.2024 with further interest @9.45% per annum, with simple interest from 12.11.2024 till final realization of the entire dues is allowed.
(ii) Amount, if any, paid by the Defendants 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 Defendants. Accordingly, the pendentelife and future interest shall be calculated on the reduced amount.
(iii) The defendants are debarred from transferring, alienating, encumbering or disposing of the mortgaged immoveable property, described in the Schedule of this OA.- ANNEXURE "A-7" Schedule of lmmoveable Propertv All that part and parcel of a Flat located on 4th Floor(Front Side) of a complete Five(G+lV) storied building situated at Holding No.459, Canal Street, Near Sreebhumi Post Office, JVlouza-Kankuri, J.L No.28, R.S No.02, Touzi no.129812833, R.S Dag No.210, R.S Khatian No.55, within the jurisdiction of South Dum Dum Municipality, Ward No.34, P.O-Sreebhumi, P.S-Laketown, Kolkata-700048, Dist- North 24 Parganas, West Bengal. Flat is butted and bounded as- On the North- Open to sky On the South- Stair and other Flat On the East- Open to sky .On the West- Open to sky o
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TA/867 of 2026 - DRT-2/Kol The said Flat Property stands in the name of IVr.Amit Sharma and Santosh Sharma through Deed Number- l-1305 of 2023 dated 29.05.2023 in ADSR Bidhannagar. The defendants are also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants.
(iv) The defendants are 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 Defendants 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 Defendants both moveable and immoveable and also proceed against the Defendants 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 Defendants 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 Defendants 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./867 of 2026 (arising out of O.A.1428 ot 20251is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 11tn d"y of September 2026. Copy of the Final Order / Judgment be uploaded in the Tribunal's Website. \ Jt f^w' rbindlVad Presiding Officer DRT-2, Kolkata kkb
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