Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs SAMIRAN GHOSH ROY AND ORS on 16 April 2026
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BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESENTI- SRt ARBIND MADHAV
PRESIDING OFFICER OF DRT.II KOLKATA
ADDITTONAL CHARGE OF DRT-III KOLKATA
T.A. NO. 555 0F 2014.
DATE OF DELTVERY OF ORDER I 1610412026
State Bank of tndia is a body corporate constituted under the State Bank of India Act, 1955 having lts Corporate Centre at State Eank of lndla Bhawan, Madam Cama Road, Mumbai-iooo21 and carrying on business through its different branches including at 204, Rashbehari Avenue, Police Station- Gariahat, Kolkata-700029, .ornrno,ily known as State Bank of India, SARB, 14, N.S. Road, Kolkata, within the jurisdiction of thls Ld. Trlbunal.
Applicant Bank.
Oefendants.
Counsel for the Applicant Bank: -
Soudlp Pal Choudhurt, Ld, Counset
Set ex-parte on
07 /04/2026
-Versus-
Sri Samiran Ghosh Roy, son of Sri Sushil Ghosh Roy, resldlng at and/ or carrying on business at Matri Pally, P.O.- Shyamnagar, P.S,- Jagaddal, Dlstrict- 24 Parganas (N), PIN-743127, wlthln the lurisdiction as aforesatd.
Smt. Mitall Ghosh Roy, Wo Srt Samiran Ghosh Roy, residing at and/ or carrying on buslness at Matri Pally, P.O.- Shyamnagar, p.S.- Jagaddal, District- 24 earganaslN), PIN-743127, wlthln the lurtsdiction as aforesatd, Srl-Ashok Kumar Chakraborty, the landlord resldlng at and/ or carrylng on buslness at 8/1/C, Naktala Road, Kolkata-700047, wtthin theJurisdiction as afLreiaid.
Srl Sutanu Sarkar, Son of Sri pulak Sarkar, residing at and/ or carrying on bustness at 69, Beliaghata Main Road, Kotkata-7ooo1O, withi; the ju;isdiction as iforesaio, Srl Ujjal Kumar Das, Son of Srl Santosh Kr. Das, residing at and/ or carrying on business at, 37/1/1, Otd Baltygunge SecoM Lane, korkatu_iOO'OidlnJ
"f,-o
ut rzlr,
old Ballygunge second Lane, Koikata-700019, 6ott a." *ittin ir," lr-.iJiction as aforesaid.
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JUDGEMENT
The Appllcant Bank flted the pres€nt TA betng No. TAy'S66/2014 on 24!OB/2OO9 (aristng out of O.A. No. 579 of 2OO9 flled before DRT-2, Kolkata) for recovery of a totat sum of Rs. 27,13,9AO/- (Rupees twenty seven lakh thirteen thousand ntne hundred and eighty only) _from the Oefendants towards Telm Loan togethea wlth interest, cost and other usual reliefs.
2. The Oefendants a.e served wlth summons. The defendants dld not appear, as there was no representation from the defendants, the case was flxed for ex_parte hearlng on 07/04/2026, and heard ex-parte accordlngly. The Appllcant Bank examlned g documents through Srl Rajesh Kumar, Senlor Manager marked as E)(hlbit Annexure-A to Exhlbtt Annexure-G, Heard the Ld. Counsel for the Appllcant Bank. The point that arises for consideration ls : Whether the Applicant Bank is entiUed to the ctaim made in the OA agalnst the Defendants and OA schedule properues as prayed for? As stated supra, the Defendant ren vers on or the o.A. or App,cant r""r]*'.;::::: llr:ji :::j:I# :;".H]ff :l: documents vtz., Exhiblts Annexure-A to Annexure-G marked on O"t"tf of th" lpplf""nt Bank, establshed the ctah of the Appltcant Bank aEatnst the O*""i"",. and OA schedule properties. Hence, I hold that the De App,icant Bank the cn,.","0" i i-n#ffi,[flt.:::#::::,].,"'" to pay to the In the result, the present Origlnal Application ls allowed ex_parte with costs, as under:-
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ORDER
(1) T.A. No. 506 of 2014 fited t agatnst the defendants. ,, ,'l -tn" o'p"""n' ""nk is allowed and debt is determined wlth cost the defendants,n" a",", "n!"-.li::b, ordered that appticant bank is entifled to recover from thlrteen thousand n,n" nrntlult to the tune of Rs 27'13'9ao/- t tt.2sor'o per"nn,, ,n."."l':l.:na erghtv onrvll;';;:;1",:*"""" twentv seven rakh orrernar App,cation ,.". ,or;::'jl-"'t'" * "; ";;;;" 'lqite and ruture interest @ )8/2ooe tir rur and n"" ;;; ffiJ:,::;:#t " ""
(2) Amount, if any, patd by the I the Appricant aunu uo". orltlTlants in the loan accounts or am the exact amount o, or."ri1lt tn" o o tnu t"'" o" t"I"'''"a"'"t' if any' recovered bv ruture nterest sha, b" ;;-"',",*.:"J'.:j jJ,:ti**ifl::ffi:';::ffiffi'
(3) Defendants are debarred frol beronging to them ur,an" "rol^-1':o:"'nn' alienating or dearng with any of the properties esaid decretal debt ls recovered from the defendants,
(4) Defendants are gtven a time i repaying of the abovu .un,,orljn'1 days from the date of the JudgemenvFinat order for to pay the dues wrthin,n" "o::o ""t'so lnthated to them. In its dues bv sare of se"ur"o u".lll mentloned o'"' tn" "rrii"". o#:: lil:::ji:::j:: personar properfles o, ,n" o..tl'.'t ln' Appllcant bank Is also ent reainst the dereno"no r"oor.t:n1""o t*tn'*"i," "; ;;il[l :.:'""::';:."": .?-_? rlly to recove. the dues in accordance wrth law.
(5) Let the Certificate of Recovery be drawn up by Ld. Registrar Judgement for tssuance of the same against defendants in favour under Secflon 19 (22) of the Recovery of Debts and Bankruptcy Act, same for lssuance of the Ceruficate. forthwath in terms of of the applicant bank 1993 and put up the
(6) Ld. Recovery Offlcer shalt realiz defendants in acco.dance wtttr ,uwl the amount as per the Recovery ceraficate from the
(7) Ld. Regtstrar of thls Trlbunal is dlrected to deliver recovery certiflcate in term of the final orderrudgement for recovery of the sum agalnst the defendant in favour of tne Appticant Bank under Secuon t9 (22) of the Recovery of Debts due to ttrl'eant and Financial Institutions Act, 1993 now known as Recovery of OeUts ana gantruptcy Act, 1993.
(8) The parties are dtrected to appear before the Recovery Officer on 18/05/2026 for further action tn accordance with law In the event the enu.e amount is not paid by the said date. Acco.dingty, T.A. No. 566 of 2ot4 xorratal L'arroweo'l;:;#;;j:ff:s out or o.A. No. s7s or 2ooe nred berore DRr_2, Copy of the JudgemenvFlnal Order rne rs consignect to tte neco.a noonll uploaded in the Trlbunalt webstte. I3*i*;"1T? f iHff 3,,T.;"-,m#;];"* ""0 rsri,",ilisff iiT}:"lmmn
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 566 of 2014 State Bank of India samiran Ghosh Roy & ors. Date of Order Order with signature Order No.38 ot.t6t04 / 2026 ss Order pronounced (vlde separate sheets). In the result, T.A, No. 565 of 2014 (arising out of o.A. No 579 of 2OO9 filed before DRT-2, Kolkata) is allowed wlth costs. Issue Recovery Certificate accordingly. ( Arbind Madhav ) Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kolkata