STATE BANK OF INDIA vs SMT PUJA PAUL on 16 September 2025

1. **Smt. Puja Paul**, wife of Rajib Paul, residing at C/222, Survey Park, Ajay Nagar, Santoshpur, Kolkata – 700075.

..... Defendant

Counsel for parties:

<table border="0"> <tr> <td>For the Applicant Bank</td> <td>: Deblina Lahiri</td> </tr> <tr> <td>For the Defendant</td> <td>: <i>Ex-Parte</i></td> </tr> </table>

**FINAL ORDER / JUDGMENT**

Delivered on 16.09.2025

Applicant (State Bank of India), erstwhile State Bank of Bikaner & Jaipur instituted the present Application being the Original Application No.251 of 2018 filed in DRT-3, Kolkata on 05.04.2018 against sole Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for realization of Rs.18,07,055.87 (Rupees eighteen lakhs seven thousand fifty five and paisa eighty seven) inclusive if interest calculated upto 20.03.2018 together with further interest to be calculated on and from 21.03.2018 along with penal interest @ 2% per annum with monthly rest, till the date of realization of the entire dues. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble Chairperson DRAT, Kolkata's direction vide letter No.4/6/DRAT/KOL/2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 19.10.2019 and the same has been renumbered as T.A./275 of 2019 vide Ld. Registrar, Kolkata DRT-2's order dated 28.10.2019.

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

(i) The defendant applied before the Applicant's State Bank of Bikaner and Jaipur constituted under the State Bank of India (Subsidiaries Banks) Act, 1959 for a House Building Loan to purchase a flat vide Application dated 03.06.2016. Copy of Home Loan Application is marked and annexed as Annexure "A/2". After verification and scrutiny of the necessary particulars, erstwhile State Bank of Bikaner and Jaipur was pleased to grant / sanction a Term Loan of Rs.17,35,000/- (Rupees seventeen lakhs thirty five thousand) in favour of the defendant vide Arrangement Letter dated 29.06.2016. Copy of said Arrangement Letter dated 29.06.2016 is annexed and marked as Annexure 'A-3'.

(ii) Pursuant to a notification dated 22.02.2017 of the Government of India, State Bank of Bikaner and Jaipur has been acquired by State Bank of India under section 35 of the State Bank of India Act, 1955 with effect from the 01.04.2017 and the loan account of the Defendant is now monitored by State Bank of India, RACPC South Kolkata Branch, 02^nd & 03^rd Floor, Boral Main Road, District: South 24 Parganas, Kolkata – 700084.

(iii) In consideration of the aforesaid home loan facility, the defendant executed and delivered a Memorandum of Term Loan Agreement for Home Loan dated 29.06.2016. Copy of said Memorandum of Term Loan Agreement for Home Loan Granted to Public dated 29.06.2016 is marked and annexed as Annexure "A/4".

(iv) To secure the aforesaid term loan facility of Rs.17.35 lakhs, the defendant / borrower has created equitable mortgage in respect of her immovable property, morefully described in Schedule at page 21 & 22 and para III.A at page 8 to 12 of the original application, by depositing Deed of Conveyance being No.2057 for the year 2016 with the applicant Bank, registered in the Office of District Sub-Registrar-V, Alipore, South 24-Parganas, standing in the name of Smt. Puja Paul. Copy of the Deed of Conveyance is marked and annexed as Annexure "A/5". The defendant confirmed on 15.07.2016 that she had already deposited the Title Deed with the applicant Bank when she was asked for a confirmation of the act of creating equitable mortgage. Copy of Letter from the mortgagor indicating intention to create mortgage is marked and annexed as Annexure "A/6".

3. The Defendant availed and enjoyed the said Home Loan facility by opening Account in Bank's RACPC South Kolkata Branch, Boral Main Road, South 24-Pargannas, Kolkata – 700084. However, the defendant failed and neglected to operate the said Term Loan Account. The Defendant did not repay the agreed EMIs and overdue interests in loan Account. Since the defendant did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. Certified copies of Statement of Account along with Certificate under Bankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'A-7'), and further interest to be calculated on and from 21.03.2018 along with penal interest @ 2% per annum with monthly rests, till the date of realization of the entire dues, 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; service of Notice / summons by postal service has been successfully effected upon the Defendant, such has been recorded vide Ld. Registrar's order dated 11.09.2023. Despite service, the defendant did not appear nor filed the written statement; thus, the defendant was ordered to be proceeded *ex-parte* vide order dated 25.01.2024. Written notes of argument has been filed by applicant Bank on 24.06.2024, wherein stated the brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant Bank has submitted arguments on 19.08.2025.

5. Applicant Bank has filed the evidence-on-Affidavit affirmed by Mr. Partha Bhar, Chief Manager of Bank's RACPC South Kolkata Branch, Boral Main Road, Kolkata – 700084 along with the copies of original documents executed by Defendants. 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, Dy. Manager of Bank's SARB South Bengal, Jeevan Deep Bldg., Kolkata – 700071 on 04.04.2022, such has been recorded in Ld. Registrar's order dated 04.04.2022. The documents produced by applicant Bank are exhibited and annexed as Annexures "A/1" to "A/6".

I have heard the Ld. Advocate for the applicant Bank and perused the records.

6. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, unrebuted and its veracity cannot be put to dispute. Applicant Bank has corroborated the averments made in the O.A. Applicant Bank has proved the sanction of Term Loan facility of Rs.17,35,000/- vide sanction letter dated 29.06.2016. Applicant Bank has proved the creation of mortgaged immovable property, described in Schedule at page 21 & 22 and para III.A at page 8 to 12 of the original application.

7. On the point of limitation, Loan has been sanctioned on 29.06.2016; loan documents have been executed on dated 29.06.2016 and original Application has been filed on 05.04.2018. 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 term loan Account (inclusive of accrued interest and other charges as calculated upto 20.03.2018) is **Rs.18,07,055.87** (Rupees eighteen lakhs seven thousand fifty five and paisa eighty seven) as on 20.03.2018, which is the amount claimed by applicant Bank in the original Application, and the defendant is liable to repay the said amount to the applicant Bank with *pendente lite* and future interest, till realization in full. I allow the claim as made by the applicant Bank in the original Application. Applicant Bank has prayed future interest to be calculated on and from 21.03.2018 along with penal interest @ 2% per annum with monthly rests, till the date of realization of the entire dues, while in Arrangement Letter dated 29.06.2016 the rate of interest @ 9.55% per annum, at monthly rests, has been mentioned. It is seen that the applicant Bank was pleased to sanction the said Term

Loan for house building / purchase of a flat; therefore, the *pendente lite* & future rate of interest @ 9.55% per annum, simple, from 21.03.2018, is allowed.

9. 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 O.A. The original application being T.A./275 of 2019 (arising out of O.A./251 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./275 of 2019 (arising out of O.A./251 of 2018) filed by the applicant Bank, is allowed and debt is determined with cost against the Defendant. It is hereby ordered that the Defendant is hereby directed to pay, the total debt amount of **Rs.18,07,055.87** (Rupees eighteen lakhs seven thousand fifty five and paisa eighty seven) upto 20.03.2018; and interest for the period *pendente lite* and future @ 9.55% per annum, simple, from 21.03.2018, 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 arriving 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 assets; described in Schedule at page 21 & 22 and para III.A at page 8 to 12 of the original application, as under –

*"All That self-contained flat completed in all respect, measuring about 900 square feet (approx.) super built up area on the 1A, 01^st Floor, Marble finished flooring consisting of Two Bed Rooms, One kitchen, One Toilet, one drawing cum dining room and one balcony and with one car parking space measuring about 150 sq.ft. cemented flooring of G+III storied residential building being KMC premises No.2700, Nayabad, Police Station: Purba Jadavpur, Ward No.109, Kolkata – 700094, Mouza – Nayabad, J.L. No.25, A.D.S.R. Sealdah, in the District of South 24-Parganas, at Kanishka Apartment, together with undivided proportionate share of the land and premises with the right of common areas, use, benefits, and enjoyments and privileges in all common parts in deserver, stairs, landings, sewers, sanitation, common electricity, water, water courses, roof right, fittings and fixtures, installations whatsoever and appurtenances, quasi-easement rights, privileges and enjoyment and obligation whatsoever."*

(iv) 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. In case the Defendant fails to pay the dues within the above mentioned time, 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 properties of the Defendant both moveable and immovable 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, 1993 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 the Act of 1993.

**Accordingly, the Original Application, being T.A./275 of 2019 (arising out of O.A./251 of 2018) is allowed and stands disposed of.**

File be consigned to Record room.

This order is dictated and corrected by the undersigned and pronounced on this the 16^th day of September 2025.

Copy of the Final Order / Judgment be uploaded on the Tribunal's Website.

(Arbind Madhav) Presiding Officer DRT-2, Kolkata

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