STATE BANK OF INDIA vs ZAHIRUL HAQUE MOLLA on 13 March 2026

JUDGEMENT

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. appear, aS there was no hearing on 06/03/2026, The Applicant Bank examined marked as Exhibit Annexure-A Heard the Ld_ Counsel for the Applicant Bank 10 documents through Sri Alomoy Mukherjee, Chief tvlanager to Exhabit Annexure-K. 7 ,n. oor", that arises for conside.aUon is :

6.

7. Whether the Applicant 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 did not turn up to controvert the version of the O.A. of Applicant Bank, The Evidence Affadavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Annexure-K marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedute properties. Hence, I hold that the Defendants are joiniy and severally liable to pay to the Applicant Bank 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. 1058 of 2014 fired by the Appricant Bank is alowed and debt is determined wath cost against the defendants, tt is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune ot Rs. 2}p2,g72/- (Rupees twenty lakh eighty two thousand nine hundred and seventy two only) wlth pendentetite and future lnterest @ 13olo per annum inte.est with simple on the amount due from the date of filing of the originar Apprication i.e o5/12l2013 tiI fuI and finar rearization of the craim amount.

(2) Amount, if any, paid by the defendants an the roan accounts or amount, af any, recovered by the Appricant Bank after filing 0f the o,A. the same be taken into account while arrjving 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/Fanat Order for repaying ofthe above mentioned dues, so tntimated to them. tn case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entiued to recover its dues by sate of secured assets, if any. Appticant bank is also entided to proceed agajnst personal properfles of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with taw.

(s) Let the Certificate of Recovery be ludgement for issuance of the same under SecUon 19 (22) of the Recovery same for issuance of the Certtficate. drawn up by Ld. Registrar forthwjth in terms of against defendants in favour of the appticant bank of Debts and Bankruptcy Act, 1993 and put up the

(6) Ld. Recovery Officer shal reatize defendants rn accordance wrth law. the amount as per the Recovery Certrfrcate from the

(7) Ld. Registrar of this Tribunat is directed to deliver recovery certificate an term of the final /; ori,e )udgement for recovery of the sum against the defendant in favour of the Appticant

Bank under Sectlon 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Ad, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are directed to appear before the Recovery Officer 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. 1058 of 2014 (arising out of O.A. No. 1315 of 2013 filed before DRT-2, Kolkata) is allowed and stands disposed of, Copy of the Judgement/Flnal Order be uploaded in the Trlbunal,s website. File is consigned to the Record Room. (Drctated to steno, transc.ibed by her, co..ected, sqned and p.onounced by me rn the open Cou.t on the l3ti day of l',tarch, 2026) - A l, - -f9'q. I . ( SRI ARBIND MADHAV ) 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. 1058 of 2014 State Bank ot India Zahirul Haque Molla & Anr. Oate of Order Order with signature Order No.17 pt.L3t03/2026 ss order pronounced (vide separate sheets). In the result, T.A. No. 1058 of 2014 (arising out of O.A. 2013 filed before ORT-2, Kotkata) is altowed with costs. Issue Recovery Certificate accordingly. No. 1316 of 1 rrGZfiaarriv ; Prestding Officer DRT-2, Kotkata Additional Charge of DRT-3, Kotkata