Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs CHANDAN PAL AND ANR on 13 February 2026
Bank of Baloda is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakangs) Act, 1970, having its Head Office at Suraj ilaza, Sayaji Ganj, Baroda-390005 and carrying on banking business amongst other places at its branch at No. 109D, Ashutosh Mukherjee Road, P.S. Bhowanipore, kolkata-700025, commonly known as thowanipore Branch, within the iurisdiction of this Ld. Tribunal.
BEFORE THE DEBTS RECOVERY TRIBUNAL'tII KOLKATA
PRESENT:- SRI ARBIND MADHAV
PRESIDING OFFTCER OF DRl.II KOLXATA
ADDITTONAL CHARGE OF DRT.III KOLKATA
T.A. NO. 1095 0F 2014'
DATE OF DELIVERY OF oRDER I t3lo2l2o26
Applicant Bank.
-Versus-
Sri Chandan Pal, Sole proprietor of M/s. Electronic World, carrying on busioess at Chandannagar, BBT Road, Kolkata-700141.
Sri Kamal Kali Sarkar, residing at 11, Subodh t4allick Square, Kotkata-700013.
Defendants.
Counsel for the Applicant Bank: -
Jaydeb Erahmachari, Ld. Counsel
Set ex-parte on
04/02/2026
JU DGE IY ENT
1,
The Defendants are served with summons. The defendants did not appear, representation from the defendants, the case was fixed for ex_parte hearinq and heard ex-part€ accordingly.
The Applicant Bank examined 11 documents through Sri Manlsh Kumar, marked as Exhibit Annexure-A to Exhibit Annexure_G.
2.
1.
The Applicant Bank fited the present TA being No, IA/!OIS/2OL4 on 17/12/2013 (arising out of O.A. No. 1370 of 2Ot3 filed before DRT-2, Kolkata) for recovery of a total sum of Rs.
25,35,395.04/' (Rupees twenty five rakh thirty five thousand three hundred ninety five and paisa four only) from the Defendants towards Cash Credit together wath interest, cost and other usual reliefs.
2.
3.
6.
as there was no
on 04/0212026,
Chief lYanager
l.
Annexure A- Sanclon letter dated 27,O2,2OL2.
ll. Annexure B- Demand promissory Note for Rs, 2S,OO,OOO/- dated 27.O2.2OL2.
lil. Annexure B-1- Letter of General Llen & Set off from borrower dated 2i.02,2012.
lv. Annexure B-2- Letter of General Llen & Set off from guarantor dated 27,O2,2O12.
v. Annexure B-3- Power of Attorney.
vl. Annexure B-4- Agreement for Cash credit dated 27.02.2012.
vii. Annexure C- Letter of cuarantee d ated 27 .02.2012,
viii. Annexure D- Acknowledgement of Debts d ated 27 -02.2012 & 29.01.2013.
ix. Annexure E- Demand Notace dated 30.05,2013.
x. Annexure F - Statement of Account duly certified under the Banker,s book Evtdence Act.
xi. Annexure G- Schedule of Immovable property.
Heard the Ld, Counsel for the Appllcant Bank, The point that arises for consideration is :
Whether the Appltcant Bank ls entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
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 recitats in the documents viz., Exhibits Annexure-A to Annexure-G marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hotd that the Defendants a.e jointly and severally liabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Orjginal Application is altowed ex-parte wtth costs, as under:-
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ORDER
(1) T,A. No. 1095 of 2014 filed by the Applicant Bank is altowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 25,35,395.041- (Rupees twenty five lakh thirty five thousand three hundred ninety five and paisa four only) with pendentelite and future interest @ 1o.70qo per annum interest with simple on the amount due from the date of filing of the Original Application i.e t7/12/2013 ti full and final reatization of the claim amount.
(2) Amouht, if any, paid by the defendants in the loan accounts or amount, if 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 calculated on the reduced amount.
(3) Oefendants are debarred from disposing, alienating or dealing wath any of the properties
6.
5.
7. be 5 longing to them till the aforesaid decretal debt rs recovered from the defendants.
(4) Defendants are given a time of thirty days from the date of the Judgement/Final Order for repaying ofthe above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues an accordance with law.
(5) Let the Certificate of Recovery be drawn up by Ld, Reglstrar 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 Certificate.
(6) Ld, Recovery Officer shall realize the amount as per the Recovery Cert'ficate from the defendants rn 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 Debts and Bankruptcy Act' 1993'
(8) The parties are directed to appear before the Recovery Officer on 13/03/2026 for further action in accordance with law in the event the entire amount i9 not paid by the said date' Accordingly, T.A. No. 1095 of 2014 (arising out of o'A' No 137o of 2013 filed before DRT-2' Kolkata) is allowed and stands disposed of' copy of the JudgemenvFinal order be uptoaded in the Tribunal's website' File is consigned to the Record Room' {Drctated to steno, trans.ribed bv her' corrected, srgned and ;ronounced by me,n the op€n Court on the I3r dav of Eebruary, 2026) ( SRI ARBIND }4AD -----b b-5 I ARBIND MADHAV PRESIDING OFFICER OF DRT'II ADDITIONAL CHARGE OF DRT'III ) KOLKATA KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uation ) Case No. TA No. 1095 of 2014 Bank of Baroda Chandan Pal & Anr Date of Order Order with signature Order No.29 ot.13t02t2026 Order pronounced (vide separate sheets), ln the result, T.A. No. 1095 of 2014 (arising out of O.A. No. 1370 of 2013 filed before DRT-2, Kolkata) is allowed with costs. Issue Recovery Certificate accordingly. ( Arbind l4adhav ) Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kolkata