Debts Recovery Tribunals and Appellate Tribunals

STATE BANK OF INDIA vs SIRAZUL ISLAM HALDAR on 2 April 2026

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLXATA

PRESENT:- SRI ARBINO MADHAV

PRESIDING OFFICER OF DRT-II KOLKATA

ADOITIONAL CHARGE OF DRT-III KOLKATA

T.A. NO. 101s oF 2015.

oATE OF DELIVERY OF ORDER ,t O2lO4/2026

State Bank of tndia is a body corporate constituted under the State Bank of India A.t, 1955 having its Corporate Centre at State Bank Bhawan, Ivadam Cama Road, Mumbai-400021 and its local Head Office at 1, Strand Road, Kolkata-7OOOOl, anj having its Branch, among others, at lt4etiabruz Branch, p,S.- Metiabruz, Kolkata of the Applicant Bank and having its Recovery Cell at Stressed Assets Resotution Centrg Esplanade Eranch premises, 2^d floor, gg, Esplanade Row (East), Kolkata, 700069, within the jurisdiction of this Ld. Tribunat.

Applicant Bank.

1.

-Versus-

Sirdul Islam Halder, S/o. Lt. Sayeed Istam Hatder, Dresses, V 200 G, Karbala Road, Kolkata-700018.

Defendant.

Counsel for the Applicant Bank: -

l4ekhala Kanji, Ld. Counsel

Set ex-parte on

19/03/2026

JUDGENlENT

The Applicant Bank fited the present TA being No. TAl1015/2015 on 27/07/2010 (arising out of O.A. No. 953 of 2010 filed before DRT-2, Kolkata) for recovery of a totat sum of Rs.

2L,L3,152,97/- (Rupees twenty one lakh thirteen thousand one hundred fifty two and paisa ninety seven only) from the Defendants towards cash credlt and rerm Loan together with interest, cost and other usual reliefs.

Proprietor of lY/s. 5. Halder

aPpear, as there was no

hearing on 19103/2026,

1.

4.

2.

3.

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 5 documents through Sri Narayan Chandra Kundu, Chief l'1ana9er marked as Exhibit Annexure-A to Exhibit Annexure_E.

Heard the Ld. Counsel for the Applicant Bank.

'The point that arises for consideration is I

5. ^b

6.

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 remajned absent and dad not turn up to controvert the version of the O.A, of Applicant Bank. The Evidence Affidavit coupled with the recitals jn the documents viz., Exhibits Annexure-A to Annexure-E marked on behalf of the Applicant Bank, establashed the claim of the Applicant Bank against the Defendants and OA schedule properties, Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Eank 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:_

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ORDER

(1) T.A. No. 1015 of 2015 filed by the Appticant Bank is a owed and debt is determined with cost agajnst the defendants. It is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune of Rs. 21,13,152.97/- (Rupees twenty one lakh thirteen thousand one hundred fifty two and paisa ninety seven only) with pendentelite and future interest @ 11.50o/o per annum interest with simple on the amount due from the date of filing of the Original Apptication i.e. 27/07/2OtO ti fu and finat reatization of the claim amount.

(2) Amount, if any, paid by the defendants an 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 disposing, alienating or dealjng with any of the propertjes 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/Final Order for repaying ofthe 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 entjfled 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 also proceed against the defendants personally to recover the dues in accordance with law.

(5) Let the Certifacate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement 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.

7.

(5) Ld. Recovery Officer shall realize the amount ,_^ defendants in accordance with law, t4) ,/.' as per the Recovery Certificate from the

(7) Ld. Registrar of this Tribunal is dlrected to deliver recovery certificate in term of the fanal ordey'judgement fo. recovery of the sum against the defendant in favour of the Appricant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Financiar Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are dtrected to appear before the Recovery Officer on 05/05/2026 for further action in accordance wlth law in the event the entire amount is not paid by the said date. Accordingly. T.A. No. 1015 of 2015 (arising Kolkata) is allowed and stands disposed of. out of O.A. No. 953 of 2O1O fited before DRT-2, Copy of the ludgement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room. (Oictated to steno, transcribed by he., €orrect€d, signed and pronoun(ed by me in the op€n court on the o2id day ot Aptil, 2025) . t /--\ l 2-\ PRESIDING OFFICER OF DRT-II KOLKAIA ADDITIONAL CHARGE OF DRT-III KOLKATA

Debts Recovery Tribuna!-3, Kolkata Order Sheet ( Conti n uation ) Case No. TA No. 1015 of 2015 State Bank of India Siraiul Islam Halder Date of Order Order with signature Order No.25 Dt.02/04 / 2026 ss Order pronounced (vide separate sheets). In the result, T.A. No. 1015 of 2015 (arising out of O.A. No. 95j of 2010 filed before DRT-2. Kolkata) is ailowed with costs. Issue Recovery Certificate accordingly. ( Arbind lYadhatl Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kotkata

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