Debts Recovery Tribunals and Appellate Tribunals
INDIAN BANK (ALLAHABAD BANK) vs JHUMA RAY on 7 April 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLXATA
PRESENT:- SRI ARSIND MADHAV
PRESTDING OFFICER OF DRT-II XOLKATA
ADDITIONAL CHARGE OF DRT.III XOLKATA
T.A. NO. tt27 0F 2014.
DATE OF DELIVERY OF oRoER: 0710412026
Indian Bank is a body corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakings) Act, 7970, having its Corporate Office at 254-260, Avvai Shanmugham Salai, Royapettah, Chennai-600014 and its Head Office at 2, Netaji Subhas Road, Kolkata-700001 one of its branches situated at Gariahat Branch at 51/D, Gariahat Road, Kolkata-700019. Police Station- Gariahat, within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
-Versus-
Ms. lhuma Roy, w/o Late Pintu Roy, residing at 24/6/1, Haridevpur Road, Haridevpur, Opp. Banamali Banedee Club, P.S.- Haridevpur, Kolkata-700082.
Mr. Argha Roy, Son of Jhuma Roy and Late Plntu Roy, resldlng al24/6/1, Ha(idevpur Road, Haridevpur, Opp. Banamali Banerjee Club, P.S.- Harldevpur, Kolkata-700082, Both are daughter-in-law and grandson of Late Sachindra Nath Roy, Defendant No.1.
Ms. Sharmila Dutta, D/o Sri Bimalendu Dutta, residing at 4/58, Bijoygarh, P.S.- Jadavpur, Kolkata-700032.
Also al- 24/6/1, Haridevpur Road, Haridevpur, Opp. Banamala Banerjee Club, P.S.- Thakurpukur, Kolkata-700082.
Also at- M/s. Sristi tnfotech (Prop. Ms. Sharmila Dutta) 18, Dasnagar. near Jodhpur Park, Kolkata-700045.
Also at- 82, Dr. Deodar Rahaman Road, Kolkata-700033.
Ms. soma Dey, c/o 1.4/s. Sristi Infotech (Prop. l4s, Sharmlla Dutta) 18, Dasnagar, near Jodhpur Park, Kolkata-700045.
AIso at- 20, Arabinda Basu Nagar, Kolkata-700061, Defendants.
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Counsel for the Applicant Bank: -
]UDGEMENT
The Applicant Bank flled the present TA being No. TA,/1127l2014 on 2011212013 (arising out of o.A. No. 1409 of 2013 flled before DRT-2, Kolkata) for recovery of a total sum of Rs.
26,92,916.75/- (Rupees twenty slx lakh ninety two thousand nine hundred sixteen and paisa seventy five only) from the Defendants towards Term Loan together wlth interest, cost and other usual reliefs, Bimal Chandra Saha, Ld. Counsel Set ex-parte on 23/02/2026
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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.
appear, a5 there was no
hearing on 23/02/2026,
The Applicant Bank examined 14 documents General Manager marked as Exhibit Annexure-a Heard the Ld, Counsel for the Appticant Bank.
The pornt that arises for consideration ts :
through Sri Jai prakash
to Exhibit Annexure-N.
Sahu, Assistant
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 conrrovert the version of the o.A. of Applicant Bank. The Evidence Affidavit coupled with the recitars in the documents viz., Exhibits Annexurc-A to Annexure_N marked on behalf of the Applicant Bank, established the ctaim of the Appltcant Bank against the Defendants and OA schedule properties. Hence, I hotd that the Defendants are joinfly anct severally liable to pay to the Applicant Eank 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:_
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ORDER
(1) T.A. No. 1127 of 2Of4 filed by the Appticant Bank is alowed and debt is determined with cost against the defendants. It js hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 26,gZ,gL6.7S/- (Rupees twenty six lakh ninety two thousand nine hundred sixteen and paisa seventy five only) with pendentelite and future interest @ 11qo per annum interest with simple on the amount due from the date of filing of the Originat Appticataon i.e. 20/1212013 til ful and fihal 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 whale arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentetite 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 Judgement/Final Order for repaying of the 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 entifled to recover jts dues by sale of secured assets, if any, Applicant bank ls also endfled to proceed against l.t)
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 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 order/iudgement 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 darected to appear before the Recovery Officer on 07105/2026 for further action in accordance with law in the event the entire amount is not paid by the said date' Accordingly, T.A. No. 1127 of 2014 (arislng out of O.A. No. 1409 of 2013 filed before DRT-2, Kolkata) is allowed and stands disposed of, Copy of the ludgement/Final Order be uploaded in the Tribunal's website' File is consigned to the Record Room. (Dictated to steno, transcribed by her, corrected, signed and pronounced by m€ in th€ open Court on the 07ii dav of Aoril, 2026) ) ' ( sRI ARBIND MADHAV ) PRESIDING OFFICER OF DRT.N KOLKAIA ADDITIONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 1127 of 2014 Indian Bank Jhuma Ray & Ors. Date of ord€r Order with signature Order No.31 Dt.o7 /04 / 2026 Order pronounced (vlde separate sheets). In the result, T,A. No, 1127 of 2014 (arising out of O.A. 2013 filed before DRT-2, Kolkata) is altowed with costs. lssue Recovery Certaficate accordingly. No. 1409 of Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Xolkata