STATE BANK OF INDIA vs M/S DYNAMIC HERBIKEM INDIA PVT LTD on 16 February 2026

JUDGEMENT

1, The Applicant Bank fited an O.A. No. B4S of 2O1O before DRT -2, Kolkata on 12/06/2010. Subsequen y, transferred to DRT _3 Kolkata betng re number as TA No. TA/1380/2015 on 2L/OS/20!S fot tel rhirty Five rac Nine rhousand ,","";::1,""J i jil ^il],*i1;.'ir"_ il;,'jl"li'llj the Defendants towards Cash Credit usual reliefs. Loan Facilitaes together with interest, cost and other

2. The Defendants was no representation 09/02/2026, and heatd are served with summons. from the defendants, the ex-parte accordingly.

3. The Applicant Bank exarnined 1O documents through Sri Satya.lit Chowdhury, working for a gain at State Bank Of India, marked as Exhibit Annexure -A to Exhibit Annexure -1. i. Annexure- A- Sanction Letter dated 06.01.2006. ii. Annexore- B- Agreement for loan cum hypothecation dated 25.01.200G. iii. Annexure- C- Guarantee Agreement dated 31.12.2005. iv. Annexure- D- Sanction Letter dated 03.12.2007, v. Annexure- E- Supplemental Agreement of Loan cum Hypothecation dated 12.01.2008. vi. Annexure- F- Supplemental guarantee agreement dated 12.01.2008. vii. Annexure- G- Lank Letter dated 12.01.2008.

viii. Annexure- H- Statement of A/C (Cash Credit). ix. Annexure- I- Statement of A/C (SlvE Care). x. Annexure- J- Consolidated Statement of A/C with further tnterest accrued in the account but not charged along with Banker,s certificate as per Banker,s Books of Evidence Act, 1891.

4. Heard the Ld. Counset for the Applicant Bank.

5. The point that arises for consideration is : whether the Applicant Bank is entiued to the craim made in the oA against 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 Appricant Bank. The Evidence Affidavit coupred with the recatars in the documents viz,, Exhibit Annexure _A to Exhibit Annexure _J marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinuy and severaly 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:-

ORDER

T.A, No. 1380 of 2015 fited by the Appticant Bank is a owed 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. 35,09,799.64l_ (Rupees Thirty Five Lac Nine Thousand Sev€n Hundred Ninety Nine and Sixty Four paise only) including interest as calculated upto 31.05.2010 together with interest pehctentitite and further interest from 01.06.2010 till the date of filing of this application and pendentilate and future @ 12.25olo per annum together wth the costs of this application and payment thereof to the Applicant.

(2) Amount, if any, paid by the defendants in the toan recovered by the Applicant Bank after fiting of the O.A. the accounts or amount, if any, same be taken into account while arnvang at the exact amount of dues/debt payable by the defendants. Accordingty, pendentelite and future interest shall be calcutated on the reduced amount.

(3) Defendants are debarred from disposing, alaenating 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 ]udgemenvFinal Order for repaying of the 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 entiued to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

(5) Let the Certificate of Recovery be drawn up by Ld, Registrar forthwith in terms of Judgement 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 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 Debts and Bankruptcy Act, 1993.

(8) The parties are directed to appear before the Recovery Officer on 05/03/2026 for further action in accordance with law in the event the entlre amount is not paid by the said date, Accordlngly, the Original Application being T.A. No. 1380 of 2015 (arising out of O.A. No. 845 of 2010) ls allowed and stands disposed of. Copy of the .ludgement/Final Order be uploaded in the Tribunal's website. File as consigned to the Record Room. (Didated to steno, transcribed by him, corrected, signed and pronounced by me in the open Court on this the 16rh day of February,2o26. r , I V_ ! , -T-.-_ (SRI ARBIND I4ADHAV) PRESIDING OFFICER OF DRT _IT KOLKATA ADDITIONAL CHARGE OF DRT -III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. T.A, 1380 Of 2015 State Bank Of India vs, llls. Dynamic Herbikem India Private Limited Date of Order Order with signature Order No. 24 Dt. 16t02/2026 Pg Order pronounced (vide separate sheets) ln the result, T.A. 1380 Of 2015 (O.A. No. 845 Of 2010) is allowed with costs. Issue Recovery Certificate accordingly. Presiding Officer DRT -2, Kolkata Additional Charge Of DRT -3. Kolkata