BANK OF BARODA vs RAJ KUMAR GHOSH on 20 April 2026

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3. a Defendants. Counsel for the Applicant Bank: - Rumpa Ghosh, Ld. Counsel Set ex_Parte on 09/04/2026 ]UDGEMENT The Applicant Bank fil€d the present TA belng No' TA"/489/20L4 on lo/O2l2ol4 (arising out of O.A. No. L92 of 2014 filed before DRT-2, Kolkata) for recovery of a total sum of Rs' 23,87,879.92/- (Rupees twenty three lakh eighty seven thousand eight hundred seventy nine and palsa ninety two only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs. The Defend.nts are served with summons. The defendants appeared but failed to file any r,r/.s. There was no representatlon from the defendants subsequently and the case was fixed for ex-parte hearing on O9lO4l2026, and heard ex-parte accordingly. The Applicant Bank examlned 12 documents thmugh Sri Kausik MaJumder, Branch I'lanager marked as Exhibit Annexure-A to Exhibit Annexure-H.

4. Heard the Ld. Counsel for the Appllcant Bank' The point that arlses for consideration ls : Whether the Applicant Bank ls entltled to the claim made ln the OA against the Defendants and OA schedule propertles as prayed for? As stated supra, the Defendant remalned absent and did not turn up to controvert the version of the O.A. of Applicant Bank The Evldence Amdavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Annexure-H marked on behalf of the Appllcant Bank, establlshed the claim of the Appllcant Bank agalnst the Oefendants and OA schedule propertles, Hence, I hold that the Defendants are 'ointly and severally liable to pay to the Applicant Bank the claims made in the OA with future lnterest and costs' In the result, the present Origlnal Appllcation is allowed ex-parte with costs' as underi- OROER

(1) T.A, No. 489 of 2014 filed by the Appllcant Bank is allorYed 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 ot Pf,' 23'g7 '87g'92l- (Rupees twenty three lakh eighty seven thousand eight hundred seventy nlne and paisa nlnety two only) with pendentelite and future interest @ 13ryo per annum lnterest with slmple on the amount due from the date of fiting of th; origtnat App cation t.e. 10/02/2014 tlll full and final realization of the clalm 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 whlle 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 dlsposing' atlenating or deallng wlth any of the properties '-'O"tonging to them till the aforesaid decretal debt is recovered from the defendants'

(4) Defendants are glven a time of thlrty days from the date of the ludgemenvFinal Order for rePaying of the above mentloned dues' so lntimated to them' h case the defendants fail to pay the dues wlthin the above mentioned time' the appllcant 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 Certiflcate of Recovery be drawn up by Ld Registrar forthwith ln terms of ludgement for issuance of the same against defendants ln favour of the applicant bank undersectlonlg(22)oftheRecaveryofD€btsandBankruptqyAct,lgg3andputupthe same for issuance of the Certlficate'

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(6) Ld. Recovery officer shall realize the amount as per the Recovery certificate defendants ln accordance with law.

(7) Ld. Registrar of thls Trlbunal is dlrected to deliver recovery certificate in term of order/judgement for recovery of the sum against the defendant in favour of the Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Institutions Act, 1993 now known as Recovery of oebts and Bankruptcy Act' 1993' from the the final Applicant Financial

(8) The parties are directed to appear before the Recovery Officer on 20/05/2026 for further actioninaccordancewlthlawlntheeventtheentireamountisnotpaidbythesaiddate. Accordingly, T.A No. 489 of 2014 (arislng out of o A No' 192 of 2014 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 conslgned to the Record Room. (D'ctated to steno, transcnbed by her, coFected, sgn€d and pronounced bY me rn the open Court on the 206 day of April, 2025) PRESIDING OFFICER OF DRT-II KOLKATA AODMONAL CHARGE OF DRT-III KOLKATA ( ,f

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) case No. TA No. Order pronounced (vlde s€parate sheets)' In the result, T.A. No. 489 of 2014 (arisinq out of O'A No' 192 of 2014 filed before DRT-2, Kolkab) ls allorved with costs' Bsue Recovery certlflcate accordlngly' Order No 25 ot,20 t0412026