Debts Recovery Tribunals and Appellate Tribunals
SOUTH INDIAN BANK vs SANTANU ROY AND ANR on 1 April 2026
-Versus-
1. !lr. Santanu Roy, son of Late Sudhanshu Sekhar Roy, residing at 14/1/3, Hriday Krishna Bane.Jee, 1't Bye Lane, P.O.- Kadamtala, P.S.- Bantra, Howrah-711101.
2. Mrs. Nilima Roy, wife of Mr. Santanu Roy, residing at 7411/3, Hriday Krishna Bane{ee, 1$ Bye Lane, P,O,- Kadamtala, P,S.- Bantra, Howrah-711101.
BEFORE THE DEBTS RECOVERY TRIEUNAL-III KOLKATA
PRESENT:- SRI ARBIND ADHAV
PRESIDING OFFICER OF DRT.tI KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
T.A. NO. 141 0F 2015,
DATE OF DELMRY OF ORDER I OL/O412O26
The South Indian Bank Ltd. is a Company incorporated under the provisions of the Companies Act, 1956 having its Registered Office and Head Office at SIB House, TB
Road, Mission Quarters, Thrissur, Kerala-680001 and having one of its Branches, inter-alia, at Ballygunge Branch, 48, Leela Roy Sarani (Ga.iahat Road), Police Station- Gariahat, Kotkata-700019, within the jurisdiction of this Ld. Tribunal Applicant Bank Defendants.
Counsel for the Applicant Bank:
1.
]UDGEMENT
The Applicant Bank flled the present TA belnq No. TA/141/2015 on 10/05/2013 (arising out of O.A. No. 541 of 2013 filed before DRT-2, Kolkata) for recovery of a total sum of Rs'
14,21,229.95/- (Rupees fou*een lakh twenty one thousand two hundred twenty nine and paisa ninety five only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs.
2'TheDefendantsareservedwithsummons.Thedefendantsdidnotappear,astherewasno representation from the defendants, the case was fixed for ex-parte hearing on lA/O312026'
and hea rd ex-Parte accordinglY.
3.
The Applicant Bank examined 7 documents through Sri Krishnan Nl K, Chief Manager marked as Exhibit Annexure-A,/1 to Exhibit Annexure-F/1
4.
Heard the Ld. Counsel for the ApPlicant Bank.
5.
The point that arises for consideration is :
Pritesh Bansod, Ld. Counsel
Set ex-parte on
tal03l2026
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 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., Exhibits Annexure-A/1 to Annexure-F/1 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly 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 as allowed ex-parte with costs, as under:-
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ORDER
(1) T.A. No. 141 of 2015 filed by the Applicant Bank is allowed and debt is determined Yvith cost against the defendants, It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs 14,21,229.95/- (Rupees fourteen lakh twenty one thousand two hundred twenty nine and paisa ninety five only) with pendentelite and future interest @ 9.5olo per annum interest with slmple on the amount due from the date of filing of the Original Application i.e. 10/05/2013 till full and final realization 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 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 dealing with any of the propertres 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 of the above mentioned dues, so intimated to them tn 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 against the defendants personally to recover the dues in accordance with law'
(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for lssuance 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.
(6) Ld. Recovery -,/--gefendants in ,f:7) Officer shall realize the amount as per the Recovery Certificate from accordance with law.
(7) Ld, Registrar of this Tribunal is dlrected to deliver recovery certificate in term of the final order/judgement 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 lnstitutions Act, 1993 now known as Recovery of Debts and Eankruptcy Act, 1993.
(8) The parties are directed to agpear before the Recovery officer on 04/05/2026 for further action in accordance with law in the event the entire amount is not paid by the said date' Accordingly, T,A. No. 141 of 2015 (arising out of O.A. No, 541 of 2013 filed before DRT-2, Kolkata) is allowed and stands dlsposed of. Copy of the JudgemenvFinal Order be uploaded in the Tribunal's website' File is consigned to the Record Room. (Oictated to steno, trans€ribed bY her. corr€cted, signed and pronounced by m€ in the open court on the 01r day of Aprll, 2025) ( SRI ARBIND MAbHAV ) PRESIDING OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No, TA No. rlf of ZOrS South Indian aank Ltd. Order No.12 ot.oLto4/2026 Order pronounced (vide separate sheets), In the resutt, T,A. No. 141 of 2O1S (arasing out of O.A. No. 541 of 201.3 filed before DRT-2, Kotkata) is aflowed with costs. Issue Recovery Certificate accordingly. l arOinO t"tadhav ) Preslding Officer DRT-2, Kotkata Addittonal Charge of DRT-3, Kotkata Date ot Order Order with signature ss