STATE BANK OF INDIA vs SHOUVIK SARKAR AND ANR on 23 February 2026

JUDGEMENT

1. The Applicant Bank filed an o,A. No. 586 of 2009 before DRT -2, Kolkata on 26lOat2OO9. Subsequently, transferred to DRT -3 Kolkata beang re number as TA No' TN1694/2015 on 2g/O7/2015 for recovery of a total sum of Rs 25,07,537.00/- (Rupees Twenty Five Lac Seven Thousand Five Hundred Thirty seven only) from the Defendants towards Housing Loan Facilities together with interest, cost and other usual reliefs'

2. The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was Rxed for ex-parte hear'ng on 13/0212026, and heard ex-parte accordingly.

3. The Applicant Bank examined 10 documents through Ms. Sanghamitra Gangopadhyay, Chief Manager of State Bank Of India, SARB South Bengat, marked as Exhibit Annexure -A to Exhibit Annexure -G,

4.

5. i. Annexure- A- Loan Application. ii. Annexure- A-1- Arrangement Letter, iii. Annexure- B- Term Loan Agreement. iv. Annexure- C- Guarantee Agreement. v. Annexure- D- Covering Letter. vr, Annexure- D.1- Money Receipt, vii, Annexure- E- Consent Letter.

viii. Annexure- E-1- Agreement of Sale. ix. Annexure- F- Demand Notice. x. Annexure- G- statement ofAccount. Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration is : Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

6. As stated supra, the Defendant remained absent and djd 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 Exhibit Annexure -G marked on beharf of the Applicant Bank, establashed the claim of the Applicant Eank against the Defendants and oA schedule properties. Hence, I hold that the Defendants are joinuy 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:-

ORDER

T.A. No. 1694 of 2015 fited by the Appticant Bank is 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, 25,07,537.00/_ (Rupees Twenty Five Lac Seven Thousand Five Hundred Thirty Seven only) including interest as calculated upto 13.07,2009 together with interest pendentilite and fu.ther interest at the rate of 11.25oh per annum all with monthly rests from t4.O7.2OOg to tall realization of the entire due in full.

Amount, af 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. Accordlngly, pendentelite and future interest shall be calculated on the reduced amount.

Defendants are debarred from disposing, properties belonging to them till the aforesa,d defendants. alienating or dealing with any of the decretal debt is recovered from the

Defendants are given a tame of thirty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so inumated to them. ln 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 entifled to proceed agaanst personal properties of the defendants (Both movable and immovabte) and also proceed against the defendants personally to recover the dues in accordance with law.

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) ofthe Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants rn accordance with law. (7\ Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final ordey'judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 79 (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. (B) The parties are directed to appear before the Recovery Otficet on 09/03/2026 tot further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No. 1694 of 2075 (arising out of O.A. No. 586 of 2009) is allowed and stands disposed of. Copy of the ludgement/Final 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 23'd day of February,2026. ---" r l:':t '1S RI ARBINO MA-DHAV) PRESIDING OFFTCER OF DRT -II KOLKATA ADDITIONAL CHARGE OF DRT _III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. T.A. 1694 Of 201S State Eank Ot India vs. Shouvik Sarkar & Anr. Order No. 25 ot.23/02/2026 Item No, 03 Order pronounced (vide separate sheets) In the result, T.A. 1694 Of 201 is arowed with costs ,.;,;;;';:T"1"".tffi1*, lArbind Madhav) Presiding Officer DRT 2, Kotkata Addjtjonat Charge Of DRT -3, Kolkata Date of Order