Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs PRADIP CHAKRABORTY AND ANR on 21 April 2026
BEFORE THE DEBTS RECOVERY TRTBUI{AL'III KOLNATA
PRESENT:- SRI ARBTND MADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
r-a. NO' 1197 0F 2015'
DATE OF DELIVERY OF oRDER : 2llo4l 2026
Bank of Baroda is a body corporate constituted under the Banking_ Companles i^lii,""i"i-liir;-"";':.;iu-:9:*l'-'ii"iii;ii]fl :,1":[3;':,ff^";'.;ii:^i'-:l lf l*X.i"ii'.1"f,'i;:?1""J"""T1'1i','ti"i'i"iz'" n-a (south)' Korkata:7ooo2s'
i:,[J$;fi:;";;Jiipore, wrtnin tne lurisdrction or this Ld rribunar'
Applicant Bank.
Defendants
Counsel for the APPlicant Bank: -
Manoj Kumar Singh, Ld Counsel
Set ex_Parte on
o2l04l2026
1.
-Versus-
Pradlp Chakraborty, B-10, Nandankanan Santoshpur' 1278' Narkeldanga Main Road'
Kolkata-700075;
ii:i i,:. r^& 28, 2d Floor, 301/1 & 304/A' Doltola' chakrashata', P's- Barasat'
Madhyamgram, 24-Parganas (North)'
smt. Anushree chakrdborty, w/o' Pradip chakraborty' B-10' Nandankanan iili*['i"-i, iiis, Narkeldansa Maln Road' Kolkata'70007s ; i":: i,:. ,^ & 28, 2d Floor, 301/1. & 304/A' Doltola' chakraghata', P's - Barasat'
Madhyamgram, 24-Parganas (North)'
2.
1.
]UDGEMENT
The Applicant Bank filed the present TA being No TA'/1197/2015 on 04111/2010 (arising out of o.A. No. 1413 of 2O1O filed before DRT-2' Kolkata) for recovery of a total sum of Rs'
f5,23,0431- (Rupees fifteen lakh twenty three thousand and forty three onlY) from the DefendantstowardsHouslngLoantogetherwithlnterest,costandotherusualreliefs.
The Defendants are served wlth summons' The defendants did not appear' as there was no representatlon from the defendanB, the case was fixed for ex-parte hearing or 0210412026'
and heard ex-Parte accordlngly'
The Appllcant Bank examlned 8 documents through Sri ManoranJan Roy' Senior Branch Manager marked as Exhlbit Annexure'A'1 to Exhlbit Annexure-A-8'
2.
3.d
4.
5.
Heard the Ld. Counsel for the ApPlicant Bank.
The polnt that arises for conslderatlon is I
Whether the Appllcant Bank ls entitled to the ctaim made in the OA agalnst the Defendants and OA schedule propertles as prayed for?
As stated supra, the Defendant remalned absent and dld not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavlt coupled wlth the recitals in the documents vlz.. Exhibits Annexure-A'1 to Annexure-A-8 marked on behalf of the Applicant Bank, established the clalm of the Applicant Bank agalnst the oefendants and oA schedule properties. Hence, I hold that the Defendants are Jolntly and severally liable to pay to the Applicant Bank the clalms made in the OA with future lnterest and costs'
In the result, the present Orlglnal Applicatlon is allowed ex-parte with costs' as under:-
6.
7.
(5) Let the Certlflcate of Recovery be drawn up by Ld Reglstrar Judgement for lssuance of the same against defendants in tavour under Section 19 (22) of the Recovery of Debts and Bankruptcy Act'
,,-v-' same for lssuance of the Certlficate'
/-,
{/
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ORDER
(1) T.A. No. 1197 of 2015 filed by the Appllcant Bank ls allowed and debt is determined with cost against the defendants. It is hereby ordered that appllcant bank is entitled to recover from the defendants the total amount to the tune of Rs 15'23'043/- (Rupees fifteen lakh twenty three thousand and forty three only) with pendentelite and future lnterest @ g'25o/op(nannuminterestwithsimpleontheamountduefromthedateoffillngofthe Original Application i.e. O4l11/2010 till full and final reallzatlon 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 lnto account while arriving at the exact amount of dues/debt payable by the defendants. Accordlngty, pendentelite and future interest shalt be calculated on the reduced amount'
(3) Defendants are debarred from disposing, allenatlng or dealing with any of the properties belonging to them till the aforesald decretal debt is recovered from the defendants'
(4) Defendants are glven a time of thirty days from the date of the JudgemenvFinal Order for repaylng of the above mentloned dues, so lntimated to them' In case the defendants fail to pay the dues wlthln the above mentloned tlme, the appticant bank is entitled to recover its dues by sate of secured assets, if any' Appllcant bank is also entitled to proceed against peFonal properties of the defendants (Both movable and immovable) and also proceed agalnst the defendants personally to recover the dues in accordance wlth law' forthwith in terms of of the aPplicant bank 1993 and Put uP the
(6) Ld. Recovery Officer shall reallze the amount as per the Recovery Certiflcate from the defendants ln accordance lvlth law'
(7) Ld, Reglstrar of this Tribunal is dlrected to deliver recovery certificate in term of the final 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 lnstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993'
(8) The partles are dlected to appear before the Recovery Ofilcet on 21/05/2026 for further action in accordance with law in the event the entire amount ls not pald by the said date' Accordlngly, T.A. No. 1197 of 2015 (arislng out of o.A. No. 1413 of 2010 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 consigned to the Record Room. (oictated !o steno, tGnscrlbed by her, corrected, signed and pronounced by me ln the open cou( on th€ 2!r day of April, 2026) PRESIDING OFFICER OF DRT-II KOLKATA ADDINONAL CHARGE OF DRT-III KOLKATA ARBINCF]qADHAV )
I Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) a;ae No. TA No. 1197 ot 2015 Order pronounced (vide separate sheets)' In the result, T.A. No. 1197of2015 (arlsing out of o'A No' 2O1O filed before DRT-2, Kolkata) is allowed with costs' Issue Recovery Certlficate accordingly' Presiding Officer 0RT-2, Kolkata Additional Charge of DRT-3, Kolkata Order No.31 ot.21/04 / 2026 oIB