Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs M/S MEDIBASE HEALTH CARE PVT LTD on 24 February 2026
BEFORE THE DEATS RECOVERY TRIBUNAL-III KOLKATA
PRESENT:- sRI ARBIND MADHAv
PRESIDING OFFICER OF DRT-II XOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
T,A. NO. 611 0F 2015.
DATE oF DELIVERY oF oRDER . 24/02/2026
state Bank of rndia rs a body corporate constituted under the state Bank or India Act,,1955 hav'ng its Corporate Cenire at State Bank of India Bhawan, Madam Cama Road, t4umbai-400021 and its tocal Head_omce ut r, st.uiJ i'""1, ^ir't"il,roooor, and havrng rts Branch, among others, at Sather Bazar e.un.t oiii," ;pJriunt eunt and having rrs Recovery Ce at srressed assets neioiutrorite""". 'irj5i"i"
u.ur.n
Premrses, 2 d ftoor, 98, Esptanade Row feastl, rrorraia'-zOb-oi,gl"-*l,n," ,r,"
jurisdrction of thrs Ld. Tfibunat
Applicant Bank.
1.
-Versus-
IJiblrlo'0"t"
Health care (P) Ltd',2/2. santosh Rov Road, sakher Bazar, Korkata- Dr. Partha Sarathi Mitra, S/o Srr Ta e"iovi e"i", i"-ri",.i,."?, #-#-;il1t".1a Miva' 1/4' Bhuban Mohan Rov Road, Mrs. Adlti Mitra, Wo Dr. partha Sarat para, sakherbazar, Kolkata-7oooo8.
hi Mita, 1/4, Bhuban Mohan Roy Road, Baidya
2.
3.
Defendants.
Counsel for the Appticant Bank:
Mekhala Kanji, Ld. Counset
Set ex-parte on
17/02/2026
]UDGEMENI
1.
Th€ Applicant Eank filed the present TA being No. TAl011/20 15 on O2/O2/2O10 (arising out of O.A. No, 130 of 2OtO fited befor 18,s4,17s.2u- (Rupees eishteen ; :::? ;:ffi:1":T.'::""':lJ:": ::H;":,;:
paisa twenty one only) from the Def
tosether with interest, cost and "*."J"1"jt:J::.:"s rerm Loan and workine capitar Loan The Defendants are served with sumr representation rrom the derendants,;:::,1::T::T:":*:::"r""ft:::i:;::;:r.:
and hea rd ex-parte accordingly.
The Applicant Bank examined 11 do
Manaser marked as Exrrruit ennexure-lulH i[:::i:
fravan
chandra Kundu, chief
2.
3.
4,
i.
Annexure A- Copy of the Application dated 17.07.2003
ii. Annexure A-1- Copy of the sanction letter dated 04.02.2004
iii. Annexure B- Copy of D.P, Note and O,P. Note Delivery Letter dated 28.02.2004 fot Rs. 1,00,000.00/-
iv. Annexure B-1- Copy of General Agreement for grant of Medium term advances to Small Scale Industrles and Hypothecation of Movables, Book Debts and other assets dt. 28.02.2004 for Rs. 15,00,000.00/-
v. Annexure B-2- Copy of Ancillary Agreement for Medaum Term Loan aqainst pledge of Movable l4achinerles dated 28.02.2004 for Rs, 15,00,000.00/-
vi. Annexure C- Copy of the aforesaid deed of Guarantee
vii. Annexure D- Coples of confirmatory letter, recital and title deed viii, Annexure E- Copy of the Balance Confirmation
ix. Annexure F- Copy of the revival letter dated 15.01 2007
x. Annexure G- Copy of demand notice and Postal ReceiPt xi, Annexure H- Copy of Statement of Accounts Heard the Ld. Counsel for the Applicant Bank.
The pornt 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?
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., Exhibits Annexure-A to Annexure-H marked on behalf of the Applicant Bank, established the claim of the Applicant Bank agarnst 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 ln the OA with future interest and costs, ln the result, the present Oraginal Application is allowed ex-parte with costs, as under:-
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ORDER
(1) T.A. No, 611 of 2015 filed by the Applicant Bank is allowed and debt is determined with cost agaanst the defendants, lt is hereby ordered that applicant bank is entitied to recove. from the defendants the total amount to the tune of Rs. 18,94,175.21l- (Rupees eighteen lakh ninety four thousand one hundred seventy five and paisa twenty one only) with pendentelite and future interest @ 11.500,6 per annum interest with simple on the amount due from the date of filing of the Original Application i.e 02/02/2010 till full and final realization of the claim amount,
(2) Amount, 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
7.
6. Qruure interestshall be calculated on the reduced amount.
(3) Defendants are debarred from disposing, alaenating or dealing with any of the properties belonglng to them till the aforesald decretal debt ts recovered from the defendants.
(4) Defendants are given a time of thirty days from the date of the ludgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fait to pay the dues within the above mentioned time, the appricaht bank is entafled 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 taw.
(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same against defendants an favour of the applicant bank under Section 19 (22) of the Recovery of Oebts and Bankruptcy Act, 1993 and put up the same for assuance 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, Registri of this Tribunar is directed to deriver recovery certificate in term of the finar 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 Financiar Institutlons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.
(8) The parties are directed to appear before the Recovery Olltcer on 24/03/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A, No. 611 of 2O1S (arising out of O.A. No. 136 of 2O1O fited before DRT_2, Kolkata) is allowed and stands dlsposed of. Copy of the Judgement/Ftnal Order be uploaded in the Trabunal,s website. File is consigned to the Record Room. (Oictated to steno, trans.ribed by her, corrected, srgned and Pmnounced by me in the open Court on the 24,i day of February, 2026) --, .-1--:' ( sRt ARBTND MADHAV4- PRESIDING OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF DRT-NI KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 611 of 2015 State Bank of India Health Care (P) Ltd. & Ors. Order No.25 ot.24 /02 /2026 Order pronounced (vrde separate sheets). [n the result, T.A. No. 611 of 2015 (arising out of O.A. 2010 filed before DRT-2, Kotkata) is a owed with costs. Issue Recovery Certificate accordingly. Presading Officer DRT-2, Kotkata Addational Charge of DRT-3, Kotkata Date of Order Order with signature ss