Debts Recovery Tribunals and Appellate Tribunals
CENTRAL BANK OF INDIA vs KANAILAL DAS AND ORS on 10 March 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL.TII KOLKATA
PRESENTT- SRI ARBIND ADHAV
PRESIDING OFFICER OF DRT-II XOLKATA
ADOITIONAL CHARGE OF DRT-III KOLI(ATA
T.A. NO. 1731 0F 2015.
DATE OF DELMRY OF ORDER ,: LO/O312O26
C€ntral Bank of Indla is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Centrat Office at Chander Mukhi, Nariman point, Mumbaa-4OOO21 and carrying 6n business, rnter alia, at Bhowanipore, 86, S.p. t4ukherJee Road, p.S.- Bhowanapore, Kolkata- 700026, West Bengal, within the jurisdiction of this Ld. Tribunal.
Applrcant Bank.
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1.
-Versus-
Kanailal Das, son of Late Bhusan Chandra Das, resjding at 26Kl1, Raja Ram lvohan Roy Road, Behata, Kolkata-700008, p.S.- Thakurpukur.
Sujit Kr. Bose, residing at purba Majhi Santrapore, Domjur, Howrah.
M/s._ Mangal Chandi Construction, a partnership firm, having its office at 22/18, K. p.
!'lukherjee Road, P.S. Thakurpukur, Kolkata-7OOOOB.
Mrityunjoy Bhowmick, partner of t4ls. Ma llangal Chandi Construction, partnership firm, having its office at 22/tB, K, p. tyukherjee Road, p.S. Thakurpukur, Kolkata-
700008.
Goutam Ghosh, partner of t4ls. l4a Mangal Chandi Construction, partnership firm, having its office at 22/18, K. P. Mukherjee Road, p.S. Thakurpukur, Kolkata-7OOOO8.
Sumit Ghosh, partner of M/s. Ma Mangal Chandi Construction, partnership firm, having its office at 2211A, K. p. Mukherjee Road, p.S. Thakurpukur, Kotkata-70OOO8.
Pankaj Kumar Ghosh, partner of M/s. Ma Mangal Chandi Construction, partnership firm, having its omce at 22/LA, R, p. Mukherjee Road, p.S. Thakurpukur, Kolkata_
700008.
Sankar Jana, partner of M/s. Ma t,langal Chandi Construction, partnership firm, having its office at 22/18, K. p, Mukhedee Road, p.S. Thakurpukur, Kotkata-7OOOO8.
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Counsel for the Applicant Eank: -
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Defendants.
Deblani l'.4itra, Ld. Counset
Set ex-parte on
19/02/2026
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JUDGEMENT
The Applicant Bank flled the present TA being No, TA,/1731l2015 on 13/10/2009 (arising out of o.A. No. 722 of 2009 filed before DRT-2, Kolkata) for recovery of a total sum of Rs. 16,20,760/- (Rupees sixteen lakh twenty thousand seven hundred and sixty only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs.
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3. The Defendants are rePresentation from and heard ex-parte The Applicant Bank Exhibit Annexure-1 served with summons. The defendants did not appear, as there was no the defendants, the case was fixed for ex-parte hearing on 19/02/2026, accordlngly. examined I documents through l, Banerjee, Senior Manager marked as to Exhabit Annexure-8.
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5. Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration ts : Whether the Applicant Bank is entiued to the claim made in the OA agaanst the Defendants and OA schedule properties as Wayed 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-1 to Annexure-8 marked on behatf of the Appticant Bank, established the claim of the Applicant Bank 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 claams made in the OA with future interest and costs. In the result, the present Original Application is allowed ex-parte with costs. as under:-
ORDER
(1) T.A. No. 1731 of 2015 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 16,20,760/- (Rupees sixteen takh twenty thousand seven hundred and sixty only) wath pendentetite and future interest @ 10.250/0 per annum interest with simpte on the amount due from the date of fiting of the Original Application i.e 13/10/2009 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 arrivtng at the exact amount of dLres/debt payable by the defendants. Accordangly, pendentelite 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 ludgement/Finat Order for repaying ofthe above mentioned dues, so intimated to them. In case the defendants fail to pay the dues wathin the above mentioned time, the applicant bank is entifled to recover its dues by sale of secured assets, ifany. 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 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 Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.
(7) Ld. Registrar of this Tribunai 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 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 Officet on 10/04/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A. No. 1731 of 2015 (arlsing out of O.A. No, 722 of 2OO9 fited before DRT-2, Kolkata) is allowed and stands disposed of. Copy of the JudgemenVFinal Order be uptoaded in the Tribunal,s webstte, Flle is conslgned to the Record Room. (Dictaled to steno, transcribed by her, corected, sqned and pronounced by me in the open cou( on the ros day ol March, 2025) r lr- '
- ,-,----rD,'sn-t<. ( SRI ARBIND I'4ADHAV ) 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. 1731of 2015 Nanailal Das & Ors. Order No.20 ot.10/03/2026 Orde. pronounced (vide separate sheets). In the resutt, T.A. No. 1731 of 2015 (arising out of O.A. No. 722 of 2009 filed before DRT-2, Kotkata) rs altowed wrth costs. Issue Recovery Centficate accordingly_ ( Arbind t4adhav ) Presiding Officer DRT-2, Kolkata Additional Charqe of DRT,3, Kolkata