Debts Recovery Tribunals and Appellate Tribunals
CENTRAL BANK OF INDIA vs MS D P S ASSOCIATES AND ORS on 30 January 2026
I
BEFORE THE DEETS RECOVERY TRTBUI{AL.IU XOLXATA
PRESE y: -SRt ARITND HADHAV
PRESIDII{G OFFICER Of DRT -It XOLKATA
AODTTIOI{AL C}IARGE OF DRT -III XOLI(ATA
T.A. 05 ot 2Ot4
DATE OF DELMRY OF ORDERT gOlOtl2O26
Ccntral Bank Of Indla, constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act V of 1970 having its Centrat office at Nariman point, Chandra Mukhi, Mumbai- 400 021, and one of tts Branch at Mominpur, p.S.- Ekbalpore, Kotkata- 7OO
023 at 4, Sudhir Basu Road, West Bengal herein called the applicant.
......Applicant
-Versus-
1. M/s. D.P,S. Associates a partnership Firm- Defendant No.1 at 18, Jatin Bagchi Road, Kolkata- 29.
2. Dilip Ghosh- Defendant No. 2.
3. Pradip Sarkhel- Defendant No. 3.
4. Guarantor:- Supriya Ghosh- Defendant No.4, D/o. Jitendra Mohon Ghosh at 15/12, Raja Ram lvlohan Roy Road, P.S.- Thakurpukur, Kolkata- 7OO OOa.
Counsel for the Applicant Bank: -
J U DGE I',I E NT
1.
The Applicant Bank fited an O.A, No. 904 of 2014 before DRT -2, Kolkata on 05/Oa/2O14. Subsequently, t.ansfefted to DRT -3 Kolkata being .e number as TA No.
TA/O5/2O14 on 22/10/20L4 for recovery of a total sum of Rs. 30,12,824,00/- (Rupees Thirty Lac Twelve Thousand Eight Hundred Twenty Four only) from the Defendants towards Loan Facilities together with interest, cost and other usual reliefs,
2.
The Defendants are served with summons. The defendants dld not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 30101/2026, and heard ex-parte accordingly.
.......Defendants
Mr. B. C. Saha, Advocate.
Set ex-parte on
30/01/2026
3.
The Applicant Bank examjned 10
Iqanager of Central Bank of India. Karl
Exhabit Annexure -I.
documents through l4r. Shrikant Murmu, Senior f4arks branch marked as Exhabat Annexure -A to
i.
Anhexure- A- Oeed of Partnership.
4.
5.
Annexure- A- 1- Sanction Letter.
Annexure- B- DPN.
Annexure- C- Guarantee Documents.
Annexure- D- Tittle Deed and Valuation Report.
Annexure- E- Follow up letter of rrregular loan.
Annexure- F- Section 13(2), 13(4), Rule 8(1), paper publication.
Annexure- G' Legal Notice.
Annexure- H- Bank Statement.
Annexure- I- Interest Calculation with Bank Statement.
Heard the Ld. Counsel for the Applicant Bank.
fhe point that anses for consrderation is :
Whether the Applicant Bank is entitled to the claim made ih the OA aqaanst the Oefendants and OA schedule properties as prayed for?
6.
As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibit Annexure -A to Exhibtt Annexure -t marked on behalf of the Applicant Bank, establashed the claim of the Applicant Bank against the Defendants and OA
schedule properties, Hence, I hold that the Defendants are jointly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.
7.
In the result, the present Original Application is allowed ex-parte with costs, as under:-
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ORDER
(1) T.A. No. 05 of 2014 flled by the Applicant Bank ts altowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiUed to recover from the defendants the total amount to the tune of Rs. 30,12,824,00/- (Rupees Thirty Lac Twelve Thousand Eight Hundred Twenty Four only) with further interest @ 13.259o with compounded monthly rests from 01,08.2014 to till full and final realization of the clalm amount. (2\ Amount, if any, paid by the defendants in the loan accounts or amount, af any, recovered by the Applicant Bank after filing of the O,A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be c!lculated on the reduced amount.
(3) Oefendants are debarred from dlsposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.
(4) Defendants are given a time of thirty days from the date of the Judgement/Fanal Order for repaying of the above mentioned dues, so intamated to them. In case the defendants fail to pay the dues withrn the above mentioned trme, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entiUed to proceed against personal proper es of the defendants (Both movable and tmmovable) and also proceed against the defendants personally.to recover the dues in accordance with
(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certlficate,
(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.
(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993. (B) The parties are darected to appear before the Recovery Officer on 27/02/2026 for further action an accordance with law in the event the entire amount js not paid by the said date. Accordingly, the Original Application being T.A. No. 05 of 2014 (arisinq out of O.A. No. 904 of 2014) is allowed and stands disposed of. Copy of the JudgemenvFinal Order be uploaded in the Tribunal's website. File is consigned to the Record Room. (Dictated to steno, transcribed by him, corrected, signed and pronounced by me in the open Court on this the 3oth day of )anuary, 2026. . t._ (fRl ARBTND-IEDT-iAV) PRESIDING OFFICER OF DRT -II KOLKATA ADDITIONAL CHARGE OF DRT -IN KOLKATA
Debts Recovery Tribunat-3, Kolkata Order Sheet (Continuation) Case No. T.A. 05 Of 2014 Central Bank Of India vs, M/s. DpS Associates.& Ors, Order No. 29 Dt.30t01t2026 Item No. 03 Order pronounced (vide separate sheets) ln the resutt, T.A. OS Of 2Or4 (O.A. No. 904 Of 2014) is allowed with costs. Issue Recovery CerUficate accordingly. Presiding Officer DRT -2, Kotkata Additional Charge Of DRT -3, Kotkata I