BANK OF BARODA vs JAHANGIR MONDAL AND ANR on 10 March 2026

JUDGEMENT

1. The Applicant Bank filed the present TA being No. TA1866/2015 on 23/04/2010 (arising out of O.A, No, 482 of 2010 filed before DRT-2, Kolkata) for recovery of a total sum of Rs. L5,22,ILA/- (Rupees fifteen lakh twenty two thousand one hundred and eighteen only) from the Defendants towards Cash Credit toqether with interest, cost and other usual reliefs.

2. The Defendants are served with summons. The defendants dld not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 18/0212026, and heard ex-parte accordingly.

3. The Applicant Bank examined 17 documents through Srl Ashoke Kumar Ghosh Roy, I'lanager marked as Exhibit Annexure-A-1 to Exhibat Annexure-A-17. ... Applicant Bank. i. Annexure A-1- Letter of Sanction dated 25.01.2007 ii. Annexure A-2- A Letter of Sole Proprietorship executed by the Defendant No. 1 dated

25. O1.2007 Annexure A-3- A demand promissory note executed by defendant No. 1 dated 25.01.2007 ,/- ri. @

iv. Annexu.e A-4- Instrument of Bypothecation of Goods executed by Oefendant No. 1 dated 25.01.2007 v. Annexure A-5- A Letter of Conunuing Security executed by the Defendant No. I dated 25.01.2007

vi. Annexure A-6- A General undertaking executed by the Defendant no. 1 dated

25. O1.2007

vii. Annexure A-7- An undertaking to disclose and furnish the lnformation relating to credit facility etc. to any agency by the Defendant No. 1 dated 25.01.2007

viii. Annexure A-8- A Declaration cum Undertaking cum Authority executed by defendants dated 25,01,2007

ix. Annexure A-9- An Undertaking/ declaration executed by the Defendant No. 1 dated

25. OL.2007 x, Annexure A-10- A general form of guarantee executed by Defendant No. 2 dated

25. O7.2007 xi. Annexure A-11- A letter of Defendant No. 2 to applicant dated O5.O2.20O7 xii. Annexure A-12- An attendance of the Defendant No. 2 ln the branch omce of the Applicant Bank for creatlon of mortgage dated 28.11.2005

xiii. Annexure A-13- A letter of Undertaking by the Defendant No. 2 declare that the said defendant created the mortgage by deposit of title alongwith title deed dated 28.11.2006

xiv. Annexure A-14- Memorandum of deposit of tltle deeds drawn by the Applicant dated 28.11.2006 xv, Annexure A-15- Letter of Acknowledgement of Debts dated 19,01.2010

xvi. Annexure A-16- Letters of Demand under section 13(2) of SARFAESI Act, 2002 dated 28.07.2009

xvii. Annexure A-17- Statement of Accounts dated 02,04.2010

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

5. The polnt that arlses for conslderation is : Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule propertles 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 Applicant Bank, The Evidence Affidavit coupled with the recitals in the documents viz., Exhlbits Annexure-A-1 to Annexure-A-17 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 Jointly 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

(1) T.A. No. 866 of 2015 filed by the Applicant Bank is allowed and debt is determined with cost z,^ against the defendants. It is hereby ordered that aPPlacant bank is entitled to recgver from VZ rhe defendants the total amount to the tune of Rs, 15,22,118/- (Rupees fifteen lakh twenty two thousand one hundred and eighteen only) with pendentelate and future lnterest @ 11.50% per annum interest with simple on the amount due from the date of fiting of the Original Application i.e 23/04l2OtO tifi tull and finat reatization of the ctaam amounr.

(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 future interest shall be calculated on the reduced amount.

(3) Defendants are debarred from dispostng, alienating or dealing with any of the properties belonging to them till the aforesaad 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. tn 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 entitled to proceed against personal properties of the defendants (Both movable and immovable) and atso 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 Omcer 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 ln 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 10/04/2026 for further action jn accordance with law an the event the entire amount is not paid by the said date. Accordingly, T,A, No. 856 of 2015 (arising out of O.A. No. 482 of 2010 filed 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, (Drctated to sleno, t.ans.nb€d by her, corrected, signed and pronounced by me ln the op€n Court on the tori day of March,2026) 'r-il,iJ,T^Fjd PRESIDING OFFICER OF DRT'II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA

Debts Recovery Tribunat_3, Kolkata Order Sheet (Continuation) Case No. TA No. S66 of ZO1S Order No.20 Dt.10/03/2026 Order pronounced (vide separate sheets). 1i.,::.**,,, r.a. No.866 or 2ots (a.rsrns our or o.A. No.482 or 2010 filed before DRT-2, Kolkata) is aitowed with costs. Issue Recovery certtfrcate accordlnqly, I ( Arbrnd lladhav ) presrdtng Offrcer DRT-2, Kolkara adc,itronat Charge of DRT-3, kolkara gank of garoda Order with siglrature