BANK OF INDIA vs RAJU DAS & ORS on 2 April 2026

JUDGEMENT

1. The Applicant Bank fited the present TA being No. -rN,31f,/2OtS on 09106/200g (arising out of O.A. No, 212 of 2008 filed before ORT-2, Kotkata) for recovery of a total sum of Rs. 13,L0,2?0,321- (Rupees thirteen lakh ten thousand two hundred seventy and paisa thirty two only) from the Defendants towards Cash Credtt together with interest, cost and other usual reliefs.

2. The Defendants are served with summons. The defendants dtd not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on Lg/03/2026, and heard ex-parte accordingly.

3. The Applicant Bank examined 6 documents through Sri Kalyan Kumar Chakrabarti, Constituted Attorney marked as Exhibit Annexure-A to Exhibit Annexure-F.

4. Heard the Ld. Counsel for the Appllcant Bank. tr:r'n. point that arises For consideration is :

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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 Affidavit coupled with the recitals in the documents vaz., Exhibits Annexure-A to Annexure-F marked on behalf of the Applicant 8ank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are iointly 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. 1318 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 fromthedefendantsthetotalamounttothetuneofRs,13,l0,2T032l-(Rupeesthirteen lakh ten thousand two hundred seventy and paisa thirty two only) with pendentelite and future interest @ 14olo per annum lnterest with simple on the amount due from the date of filingoftheoriginalApplicationi.e.09106/2oo8tillfullandfinalrealizationoftheclaim 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 arrivlng 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 ludgement/Final Order for repayinq 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 entitled 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 agaanst the defendants personally to recover the dues in accordance with Iaw'

(s) 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 Oebts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate. (e

5) Ld. Recovery defendants in Officer shall realize the amount as per the Recovery Certiflcate from accordance with law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/ludgement 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 Officer on 05/05/2026 for further actron in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A. No. 1318 of 2015 (arising out of o.A. No. 212 of 2008 filed before DRT-2, Kolkata) is allowed and stands disposed of. Copy of the Judgement/Final Order be uploaded in the Tribunal's website. File is consigned to the Record Room. (oictated to steno, trans.rib€d by h€r, core€ted, signed and pronounced by me in the open court on the 02"' day of April, 2026) .( SRI ARBIND I'4ADHAV ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. riiA oizOrs Bank of India Order No.25 ot.o2/o4/2026 Order pronounced (vrde separate sheets). In the resutt, T.A. No. 1318 of 2015 (artsing out of O.A. No. 212 of 2008 filed before DRT-2, Kolkata) is alolled with costs. Issue Recovery Certificate accordtngly. 1 aiErduaa-navl Presiding Omcer DRT-2, Kotkata Additionat Charge of DRT-3, Kotkata