Debts Recovery Tribunals and Appellate Tribunals
CENTRAL BANK OF INDIA vs MANJU GOENKA & ORS on 9 March 2026
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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESE T:- SRt ARBIND Ii{ADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT.III XOLKATA
T.A. NO. 901 0F 2014.
DATE OF DELTVERY OF ORDER: 0910312026
Central Bank of India is a body corporate constituted under the Banking Comganies (Acquisition and Transfer of Undertakings) Act, 1970, havrng lts Centrai Office at Chander Mukhi, Nariman Point, Mumbai-400021 and carrying on buslness, inter alia, at 65, S. P. Mukherjee Road, Kalighat Branch, Kolkata-700026, West Bengal, within the jurisdiction of this Ld. Tnbunal.
Applicant Bank.
Manju Goenka, wife of Ratan Kumar Goenka, since deceased and principal borrower and legal heir of the abovenamed deceased and also as a guarantor of the deceased, residing at 10/1, Allpore Park Place, Kolkata-700027
Nitin Goenka, son and one of the legal heirs of Ratan Kumar Goenka, since deceased, residing at 1Ol1, Alipore Park Place, Kolkata-700027.
Nidhi Goenka, daughter and one of the legal heirs of Ratan Kumar Goenka, since deceased, residing at 10/1, Alipore Park Place, Kolkata-700027.
Joydeb t'londal, son of Gopal Mondal, residing at Tardaha Kapasati, Bhangore, Dist:
24 Parganas (South).
Rama Pada Sardar, son of Rathira Sardar, residing at Tardaha Kapasati, Bhangore, Dist: 24 Parganas (South).
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Defendants.
Counsel for the APPlicant Bank:
Debiani Matra, Ld. Counsel
Set ex-parte on
t7/02/2026
]UDGEII,lENT
The Applicant Bank filed the present TA being No, TA/901/2014 o^ 3O/03/2O1L (arising out of O.A. No. 605 of 2011 filed before DRT-2, Kolkata) for recovery of a total sum of Rs 1,15,33,735,6A/- (Rupees one crore fifteen lakh thirty three thousand seven hundred thirty five and paisa sixty eight only) from the Defendants towards Cash Credit facility together with interest, cost and other usual reliefs.
The Defendants are served with summons The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 1?/O212026'
and heard ex-parte accordlnglY.
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The Applicant Bank examined documents through Sri Purnananda Sarangi, Asst. Regional Mana9er, Heard the Ld. Counsel for the Applicant Bank.
The point that arises for consideration is :
Whether the Appllcant 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 dld not turn up to controvert the version of the O.A. of Applicant Bank, The Evidence Amdavit coupled with the recitals in the documents 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 jointly and severally liable to pay to the Applicant Bank the claims made an the OA with future interest and costs.
In the result, the present Original Application is allowed ex-parte with costs, as under:-
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ORDER
( 1) I.A. No, 901 of 2014 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. tt is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 1,15,33,735.68/- (Rupees one crore fifteen lakh thirty three thousand seven hundred thirty flve and paisa sixty eight only) with pendentelite and future anterest @ 13ryo per annum interest with simple on the amount due from the date of filing of the Original Application i.e 3O|O3/2O11 till full and Rnal 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, pendentelate and future interest shall be calculated on the reduced amount.
(3) Defendants are debarred from disposing, 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. 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, ifany, Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed agaanst the defendants personally to recover the dues an accordance with law
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(5) Let the certificate of Recovery be drawn up by Ld Registrar forthwith in terms of 2,, ludgement for rssuance of the same agarnst defendants in favour of the applicant bank L-/'
under Section 19 (22) of the Re€overy 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 orderljudgement for recovery of the sum against the defendant in favour of the Applacant 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 09/04/2026 for further action in accordance with law in the event the entire amount is not paid by the said date, Accordingly, T.A. No. 901 of 2014 (arising out of O.A. No. 605 of 2011 fited before ORT-2, Kolkata) is allowed and stands disposed of. Copy of the JudgemenVFinal Order be uploaded in the Trtbunat,s webstte. File is consigned to the Record Room. (Dictated to steno, transc.ibed by her, co(ected, s gned and pronounced by m€ rn the open Court on the 9rh day of M.rch, 2026) A v c-.. , ( SRI ARBIND MADHAV ) PRESIDING OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 9Ol of 2014 Central Bank of India Maniu Goenka & Ors. Date of Order Order with signature Order No.32 Dt.o9 /03 / 2026 55 Order pronounced (vrde separate sheets). In the result, T.A. No. 901. of 2014 (arising out of O.A. No. 605 of 2011 riled before DRT 2, Kolkata) rs allowed with costs. Issue Recovery Certificate accordingly. ( Arbind Madhav ) Presidrng Officer DRT-2, Kolkata Additional charge of DRT'3, Kolkata