Debts Recovery Tribunals and Appellate Tribunals
INDIAN BANK (ALLAHABAD BANK) vs DR. SAUMABHA DASGUPTA on 13 March 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLXATA
PRESENT:- SRI ARBIND i.IADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
T.A. NO. 476 0F 2014.
DATE OF DELMRY OF ORDER I t3l0gl2026
Indian Bank is a body corporate constituted under the ganking Compantes (Acquisition and Transfer of Undertakings) Act, 1970, having rts Corporate Office at 254-260, Avvai Shanmugham Salai, Royapettah, Chennai,6OOO14 and one of rts branches situated at Hazra Road Branch, situated at 37, Hazta Road, Kolkata- 700029, under Police Station- Ba ygunge, within the iurisdlction of this Ld. Tribunal.
-Versus-
1. Dr. Saumabha Dasgupta, Son of Sri pabitra Kumar Dasgupta, Residing at p_153, Jadavpur University Housing Complex, Kotkata-700094.
Applicant Bank.
appear, as there was no
hearing on 06/03/2026,
Defendant.
Counsel for the Applicant Bank:
D. Chakraborty, Ld. Counsel
Set ex-parte on
06/03/2026
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JUDGEMENT
1. The Applicant Bank fited the present TA being No. TA/476120 L4 on 3O/Ot/2014 (arising out of O.A, No, 146 of 2OL4 filed before DRT-2. Kolkata) for recovery of a total sum of Rs. 87,15,939.32/- (Rupees eighty seven rakh fifteen thousand nine hundred tharty nine and paisa tharty two only) from the Defendants towards Term Loan facility together with interest, cost and other usual reliefs.
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2. The Defendants are served with summons. The defendants did not representation from the defendants, the case was fixed for ex_parte and heard ex-parte accordingly. The Applicant Bank examined 20 documents through Sri Sanjay Kumar Singh, Senior f4anager marked as Exhtbit Annexure-A to Exhibit Annexure_T. Heard the Ld. Counsel for the Applicant Bank. The pornt that afises for consrderatron rs i Whether the Appticant Bank is entiued to the claim and OA schedule properties as prayed fo.? made in the OA against the Defendants
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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,, Exhabits Annexure-A to Annexure-T marked on behalf of the Applicant Bank, established the claim of the Applicant Eank 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. 476 of 2OL4 fited by the Applicant Bank is allowed and debt is determined with cost against the defendants, It is hereby ordered that applicant bank is entiUed to recover from the defendants the total amount to the tune of Rs. 87,15,939.32/- (Rupees eighty seven lakh fifteen thousand nine hundred thjrty nine and paisa thirty two only) wath pendentelite and future interest @ 13,25olo per annum interest with simple on the amount due from the date of filing of the originat Application i.e 3o/or/zot4 till fu and final reatization 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 whire arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future lnterest 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 decretat 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 ofthe above mentioned dues, so tntimated to them. In case the defendants fail to pay the dues within the above mentioned tame, the applicant bank is entiued to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed agaanst personal properties of the defendants (Both movable and immovable) and also proceed agalnst the defendants personally to recover the dues in accordance with taw.
(s) Let the Certificate of Recovery be Judgement for issuance of the same under Section 19 (22) of the Recovery same for issuance of the Certificate. drawn up by Ld. Registrar forthwith in terms of agaanst defendants in favour of the appticant bank of Debts and Bankruptcy Act, 1993 and put up the
(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants an accordance with law.
(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the finat order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Secuon 19 (22) of the Recovery of Debts due to the Bank and Financiat lnstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.
(8) The parties are directed to appear before the Recovery Otficet on 15/04/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A. No. 476 of 2014 (arising out of O.A. No. 146 of 2014 fited before DRT,2, Kolkata) is allowed and stands disposed of. Copy of the ludgement/Finat Order be uptoaded in the Tribunal,s website. File is consigned to the Record Room. (Dictated to steno, transcnbed by her, corected, signed and pronounced by me in the open coun on the t3s day of Iarch, 2026) PRESIDING OFFICER OF DRT.II KOLKATA ADDTTIONAL CHARGE OF DRT.III KOLKATA
Debts Recovery Trabuna!-3, Kolkata Order Sheet ( Conti n uation ) Case No. TA No.475 of 2014 Indian Bank Saumabha DasouDta Dr. Date of order Order with signature Order N0.22 Dt-]l/03/2026 ss Order pronounced (vide separate sheets). In the result, T.A. No, 476 of 2014 (arising out of O.A. No, 146 of 2014 filed before ORT-2, Kolkata) is allowed with costs. Issue Recovery Certificate accordanqly. ( ffirifiqadhav ) Presrdrng Officer DRT-2, Kotkata Additronal Charge of DRT 3, Kotkata