Debts Recovery Tribunals and Appellate Tribunals
BANK OF INDIA vs DEBJANI SAHA ROY on 6 April 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL-ItI KOLKATA
PRESENT!- SRI ARBIND I'IADHAV
PRESTDING OFFICER OF DRT-II KOLKATA
ADDITTONAL CHARGE OT DRT-III KOLKATA
T.a. NO. 1323 0F 2015'
DATE OF DELIVERY OF ORDER I 0610412026
Bank of India is a body corporate conslituted under the Banking Companies in.qrit,t,"""""J tiansre. oi Undertakrngs) Aci, 1970' having. its regrstered office at lsi-u'l-iort"', c-5, G-Block, Bandra Ku;a complex' Bandra (East)'.Mumbar-400051
-;.;;;;;;'";
Lrsiness, inte.-atia, at Mehta House, 32' southern Avenue' Kolkata- ;o;ot,'k";*"
as "southern Avenue 8ranch", within the jurisdictron of this Ld'
Tribunal,
Applicant Bank
Defendant
Counsel for the APPlicant Bank:
Poetry Dutta, Ld. Counsel
Set ex_Parte on
23102/2026
4.
Heard the Ld. counsel for the APPlicant Bank'
1.smt'DebjanisahaRoy,wifeoflateRupendrasaha-Roy,carryingon.businessunder ' ir',;-""."'i"a ttvte of tqls. premiei eteitronics at 1/15' Poddar Nagar' P o - lodhpur ;;l;-;:;.: L6, Kolkata-7ooo6a ina resioing at 4716A' Ashok Road' Ganeulv Bagan, P.S. - Jadavpur, Kolkata-700084'
1.
]UDGEMENT
The Applicant Bank flled the present TA being No TA/1323/2015 on 24110/2008 (arising outofo.A'No.423of20oSfiledbeforeoRT-2,Kolkata)forrecoveryofatotalsumofRs'
14,48,111.201- (Rupees fourteen lakh forty eight thousand one hundred eleven and paisa twenty only) from the Defendants towards Cash Credit together with interest' cost and other usual reliefs,
2.
The Defendants are served with summons The defendants did not appear' as there was no ,"pr"r"nt"iion from the defendants, the case was fixed for ex-parte hearing on 2310212026'
and heard ex-Parte accordinglY'
3.
The Applicant Bank examlned 11 documents through Sri Ashokendu Samadder' Senior Branch Manager marked as Exhiblt Annexure-A to Exhibit Annexure-K'
^q
The point that arises for consideration ls :
whether the APP|icant Bank
and OA schedule ProPerties
is entitled to the claim made in the OA against the Defendants as Prayed for?
5.
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-K 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 ,ointly and severally liable to pay to the Applicant Bank the claims made ln the oA with future interest and costs'
In the result, the present Original Application is allowed ex-parte with costs' as under:-
7.
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ORDER
(1) T.A. No. 1323 of 2015 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. tt ls hereby ordered that appllcant bank is entitled to recover from the defendants the total amount to the tune of Rs 14'48'111 20/- (Rupees fourteen takh forty eight thousand one hundred eleven and paisa twenty only) with pendentelite and future interest @ 11.250,6 per annum interest with simple on the amount due from the date of filing of the original Application i'e' 24llol2}oa till full and final realizatlon 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 belonging to them till the
(6) Ld. Recovery Officer shall realize the ,4 debndants In accordance wrth law from disposing, alienating or dealing with any of the properties aforesaid decretal debt is recovered from the defendants' forthwith in terms of of the aPplicant bank 1993 and PUt uP the
(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 ln 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
(5) Let the certificate of Recovery be drawn up by Ld Registrar ludgement for issuance of the same against defendants in favour under Section 19 (22) of the Recovery of Debts and Bankruptcy Act' same for issuance of the Certificate' amount as per the Recovery Certificate from the
(7) Ld. Registrar of this Tribunal is directed 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 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 06/05/2026 for further action in accordance with law in the event the entire amount is not paid by the said date Accordingly, T.A. No 1323 of 2015 (arising out of o A No 423 of 2oo8 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 (orctated to steno, trans.ribed bv ner, corecteo, srgned and Dronounced Dy me rn the ogen court on the 06',' dav of april, 2025) -*-E< -( snl anelNo lqADirAV ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet ( Conti n uati on ) Bank of Cise No. TA No. 1323 of 2015 Order pronounced (vlde separate sreets)' In the result, T.A No 1323 of 2015 (arisrng out of O A No 423 of 2OO8 filed before DRT-2, Kolkata) is allowed with costs Issue Recovery Certificate accord ngly ( Arbind lladhav ) Presiding Officer DRT-2, Kolkata Add tronal Charge of DRT 3, Kolkata Order No.27 Dt.06/04 / 2026 s.e*a* Date of Order