BANK OF INDIA vs MS RELIABLES AND ORS on 12 March 2026

JUDGEMENT

1. The Applicant Bank f ed the present TA being No. TNL1!O/2OL' on 16/1212008 (arising out of o.A. No. 535 of 2008 filed before DRT-2, Kolkata) for recovery of a total sum of Rs. 17,37,5a3.52/- (Rupees seventeen lakh thirty seven thousand five hundred eaghty three and paisa fifty two only) from the Defendants towards Cash Credit toqether 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 05/03/2026, and heard ex-parte accordingly,

3. The Applicant Bank examined 37 documents through Sri Bireshwar tvukherjee, Chief lvlanager marked as Exhibit Annexure-A to Exhibit Annexure-H, Heard the Ld. Counsel for the Applicant Bank. The pornt that aflses for consideratton is I Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

7.

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 coupted with the recitats rn the documents viz., Exhibits Annexure-A to Annexure-H marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, t hold that the Defendants are joinfly and severally liable to pay to the Applicant Eank the claims 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. 1910 0f 2015 fited by the Appticant Bank is a owed and debt rs determined with cost against the defendants, It ts hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune ot Rs, 17,37,5g3,52/- (Rupees seventeen lakh thirty seven thousand five hundred eighty three and paisa fifty two onty) with pendentelite and future interest @ 15.SOyo per annum anterest with simpte on the amount due from the date of fiting of the Originat Application i.e L6/12/2OOA ti fu and finat realization of the claim amount.

(2) Amount, if any, paid by the defendants in the loan accounts or amount, af any, recovered by the Applicant Bank after filtng of the O,A. the same be taken into account white 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 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/Fanal 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 enti ed to recover its dues by sale of secured assets, lf any. Applicant bank is also enflfled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed agalnst the defendants personally to recover the dues in accordance with law. f0 (S) Let the Certrfrcate of Recovery be drawn up by Ld, Registrar forthwith in terms of f,/ Judgement for issuance of the same against defendants an favour of the applicant bank

5. 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 rn accordance wtth law.

(7) Ld, Registrar of this Tribunal is directed to detiver recovery certificate in term of the final order/.judgement for recovery of the sum against the defendant in Favour of the Apptrcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Frnancial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are drrected to appear before the Recovery Officer on 14/04/2026 for further actron in accordance with law in the event the entjre amount is not paid by the sajd date. Accordingly, T.A. No. 1910 of 2015 (arising out of O.A. No. 535 of 2OO8 filed before DRT-2, Kolkata) is allowed and stands disposed of. Copy of the Judgement/Final Order be uptoaded in the Tribonal,s website. File is consigned to the Record Room. (Orctated to st€no, t.anscritred by her, corrected, sgned and pronolnc€d by me ln the open court on the 12rh day or tlarch, 2026) 1 S-af in ar r.r otr'Effiaifl PRESIDING OFFICER OF DRT,II KOLKATA ADDITIONAL CHARGE OF DRT-tN KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uation ) Case No. TA No. 19tO of 2OlS Sank ot India Order No.26 ot.12/03/2026 Order pronounced (vide separate sheets). In the result, T.A. No. 1910 of 2015 (arising out of o.A. No. 535 of 2008 filed before ORT-2, Kotkata) as allowed with costs. Issue Recovery Certificate accordtngly. Date of Order Order with signature ( Aliffirqionav I Presjding Offtcer !!!!.!!!L DRT-2, Kotkata Addrtional Charqe of DRT-3, Kotkata