Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SRI NANI GOPAL ROY BISWAS & ORS on 23 February 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL'III KOLKATA
PRESENT:- SRI ARBIND MADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITTONAL CHARGE OF DRT-tII KOLKATA
T.A. NO. 1690 0F 201s.
DATE OF DELMRY OF OROER | 2310212026
State Bank of India is a body corPorate constituted under the State Eank of Indra nii isls huring its Corporate centre at State Bank of India Bhawan' l'4adam cama ioua, - ll r.oui-iooo21 and carrying on business through its different branches initJting on" at 204, Rashbehari Avenue, Police Station- Gariahat, Kolkata-700029'
within the jurrsdiction of thrs Ld. Tribunal Applicant Bank.
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-Versus-
Sri Nani Gopal Roy Biswas, son of Late Shabhu Nath Roy Biswas' resid'ng at and/ or ;"di"; ;"'business at dasudevpur Shavamnasar,- Part'1.1,1, Pl! - s,lJamnagar'
i-! 1 .1igioaar, District- 24 Parganas (N), Pin-743127, wrthin the Jurrsdictlon as aforesaid.
Smt. Malina Roy Biswas, Wo, Sri Nani Gopal Roy Biswas, residing-.at and/ or Iarrvino on business at Basudevpur shayamnagar, Part-115, Po- Shyamnagar'
p.s.: iis"Joii District- 24 Parganas (N), Pin-743127, within the jurisdiction as aforesaid.
Smt. Ruma Bose, proprietor of M/s. Joy Construction, the Developer'. resldlng at andl ii i"r.iil,ig ; bJtinlss at eclzr, Deshbandhu Nasar, Basuiatr' Kolkata-7000s9'
within the jurisdiction as aforesaid.
SriSutanusarkar,SonofSriPulakSarkar,residingatand/orcarry'ng-onbusiness it o+'eefiaghata Main Road, Kolkata-7ooo1o, within the iurisdiction as aforesaid'
Sri ujjal Kumar Das, Son of Sri santosh Kr' Oas, residing at andl or carrying on orrin'Jr. ui 371111, old Ballyqunge second Lane, Kolkata-700019 and also at 17l1'
oiJ sillygr"gi iecono t-ani, Kolkata-700019, both are within the jurisdiction as aforesaad.
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Defendants.
Counsel for the APPlicant Bank:
S. P. Choudhuri, Ld. Counsel
Set ex-Parte on
13l02/2026
] UDGEt4 E NT
The Applicant Bank filed the present TA being No. TA/1690/2015 on 13/08/2009 (arising outofo.A.No.56lof2oogfiledbeforeDRT-2,Kolkata)folrecoveryofatotalsumofRs.
27,2O,53g/- (Rupees twenty seven lakh twenty thousand five hundred and thirty nine only)
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Uo^ the Defendants towards Housing Loan facility together with interest' cost and other usual reliefs.
The Defendants are served wlth summons. The defendants did not appear, as there was no representation from the defendants, the case was ftxed for ex-parte heartng on 1,3/0212026, and heard ex-parte accordinqly.
The Appllcant Bank examined 10 documents through Sri Rajesh Kumar, Senior Manager marked as Exhiblt Annexure-A to Exhibit Annexure-G.
Annexure A- Loan Applacation
Annexure A- 1- Arrangement Letter
Annexure B- Term Loan Agreement
Annexure C- Guarantee Agreement
Annexure D- Covering Letter
Annexure D-1- Money Receipt
Annexure E- Letter of Consent
Annexure E-1- Sale Deed
Annexure F- Demand Notice
Annexure G- Statemeht of Account
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Heard the Ld. Counsel for the Applicant Bank.
The point that arises for consideration rs I
whether the Applicant Bank is entiued to the claim made in the oA against the Defendants and OA schedule properties as prayed for?
As stated supra, the Defendant remalned absent and did not turn up to controvert the veEion of the o,A. of Applacant Bank, The Evidence Affidavit coupred with the recitars in the documents viz,, Exhibits Annexure-A to Annexure-G marked on behalf of the Applicant Bank, established the craim of the Appricant Bank against the Defendants and oA schedure properties. Hence, I hold that the Defenclants are jojntly and severalty liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Original Application is allowed ex_parte with costs, as undel_
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ORDER
(1) T.A. No. t69O of 2015 fited by the Appticant Bank is a owed and debt js 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. 27,2O,53g/- (Rupees twenty seven lakh twenty thousand five hundred and thirty nine only) with pendentelite and future interest @ 11.25% per annum interest with simple on the amount due from the date of flling of the Origtnat Appflcation i.e 13/Oa/2OOg ti fu and finat reatization of the claim amount.
(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the Applicant Bank after f lng of the O.A. the same be taken into account white arriving at .4_ ,n" exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and 4_:) future interest shall be calculated on the reduced amount.
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3. t. ii. iii. vii. viii, ix. x.
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(3) Defendants are debarred from disposlng, 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/Final Order for repaying of the above mentioned dues, so intimated to them. ln case the defendants fail to pay the dues within the above mentioned time, the applacant 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 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 applacant 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 certifacate 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 Financral lnstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.
(8) The parties are directed to appear before the Recovery Officet on 2310312026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, r,A. No. 1690 of 2015 (arising out of O.A. No. 561 of 2OO9 fited before DRT,2, Kolkata) is allowed and stands disposed of. Copy of the ludgemenvFinal Order be uploaded in the Tribunal,s website. File is consigned to the Record Room. (Olctated to steno, trans.rib€d by her, €orrected, sign€d and pronounced by me an the open court on th€ 23.d day of February, 2026) .l ,c.., ,. ( SR] AREIND I4ADHAV ) PRESIDING OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet ( Conti n uation ) Case No. TA No. 1690 ot 2015 State Bank of India Vs. Sri Nani Gopal Roy Biswas & Ors. Date of Order Order with signature Order No.25 ot.23 t02/ 2026 s5 order pronounced (vide separate sheets). ln the result, T,A. No. 1690 of 2015 (arisang out of O.A. No. 561 of 2009 filed before DRT-2, Kolkata) is allowed with costs. Issue Recovery Certificate accordingly. Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kolkata