Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs MD EJAZ AHMED on 1 April 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESENT:- SRI ARBIND MADHAV
PRESIDING OFFICER OF DRT.II KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
T.A. NO. 1044 0F 2015.
DATE oF DELIVERY OF ORDER I OrlO4l2026
State Bank of India is a body corporate constitoted under the State Bank of India Act, 1955 having its Corporate Centre at State Bank of India Bhawan, Madam Cama Road, lvlumbai-400021 and carrying on business through itS different branches including one at State Bank of Indaa, 1, Strand Road, Kolkata-700001, and carrying on business of Banking inter alia at P-35, C.I.T. Road, Scheme No, II, Entally, Kolkata, under Police Station- Entally, within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
-Versus-
1. I4d. Ejaz Ahmed, Son of Md. Quddus, 7C, Topsia, 2nd Lane, Kolkata-700039.
Defendant.
Counsel for the Applicant Bank: ,
Sangita Rai, Ld. Counsel
Set ex-parte on
18/03/2026
1.
5.
JUDGE14ENT
The Applicant Bank filed the present TA being No. TAl1084/2015 on 14109/2010 (arisinq out of O.A. No. 1179 of 2010 filed before DRT-2, Kolkata) for recovery of a total sum of Rs.
16,53,884.19/- (Rupees sixteen lakh fifty three thousand eight hundred eighty four and paisa nineteen only) from the Defendants towards Cash Credit and Term Loan together raith interest, cost and other usual reliefs.
2.
The Defendants are served with sLlmmons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on t1l03/2026, and heard ex-parte accordingly,
3.
The Applicant Bank examined 6 docoments through Sri Narayan Chandra Kundu, Chief Manager marked as Exhibit Annexure-A to Exhibit Annexure-F.
Heard the Ld. Counsel for the Applicant Bank.
The pornt that arises for consideration ts :
Whether the Applicant Bank is entifled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
6.
7.
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 to Annexure-F 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 Orlglnal Application is allowed ex-parte wath costs, as under:-
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ORDER
(1) I.A. No. 1084 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 from the defendants the total amount to the tune of Rs. 16,53,884.19/- (Rupees sixteen lakh fifty three thousand eight hundred eighty four and paisa nineteen only) with pendentelite and future interest @ 13.30qo per annum interest with simple on the amount due from the date of filing of the Original Application i.e 14/09/2OfO till fult and Rnat 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 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 repaying of the above mentioned dues, so intimated to them. In case the defendants fait to pay the dues within the above mentioned time, the applicant bank is entiued to recover its dues by sale of secured assets, ifany. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants pe6onally to recover the dues in accordance with law.
(5) 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 Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.
(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.
(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final z_ -ordey'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 Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993.
(8) The parties are directed to appear before the Recovery Officer on 04/05/2026 for further action in accordance with law in the event the entire amount ls not paid by the said date. Accordingly, T.A. No, 1084 of 2015 (arlslng out of O.A. No. 1179 of 2010 filed before DRT-2, Kolkata) is allowed and stands disposed of. Copy of the JudgemenvFinal Order be uploaded in the Tribunal's website. File is conslgned to the Record Room, (Dactated to steno, kanscrjbed by her, corrected, signed and pronounced by me in the open Cou( on the 01r day of April, 2025) A - ...,.-.-. -r ( SRI ARBIND 'MADHAV ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uation ) case No. TA No, 108a of 2oi5 State Bank of India Md. Eiaz Ahmed Date of Order Order with signature Order No.27 Dt,ol / 04 /2026 Order pronounced (vide separate sheets). In the result, T.A. No. 1084 of 2015 (arising out ofO.A. 2010 filed before DRT-2, Kolkata) is allowed wjth costs. Issue Recovery Certiflcate accordingty. No. 1179 ( Arbind lladh;t Presrding Officer DRT-2, Kolkata Addltlonal Charge of DRT-3, Kotkata