BANK OF INDIA vs URMILA MONDAL AND ORS on 24 April 2026

JUDGEMENT

The Applicant Bank filed the present TA being No. TA,/365/20L4 on 21/OA/2OOA (arising out of O.A, No. 331 of 2008 filed before DRT-2, Kolkata) for recovery of a totat sum of Rs. L4,L6,A4a/- (Rupees fourteen lakh sixteen thousand eight hundred and forty eight only) from the Defendants towards Term Loan together with interest, cost and other usual reliefs. The Defendants are served wlth summons. The defendants did not appear, as there was no representatlon from the defendants, the case was ftxed for ex-parte hearing on !6/04/2026, and heard ex-parte accordingly. The Applicant Bank examlned 10 documents through Sri pradtp Kumar Sil, Sentor t',lanager marked as Exhlblt Annexure-A to Exhiblt Annexu.e-D. Heard the Ld. Counsel for the Appllcant Bank.

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5. The polnt that arises for conslderatlon ls : Whether the Applicant Bank ls entitled to the clalm 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 controvert the version of the O.A. of Applicant Bank. The Evtdence Affidavit coupled with the recitals in the documents vaz,, Exhibits Annexure-A to Annexure-D marked on behalf of the Applicant 8ank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Bank the clalms made in the OA with future interest and costs. In the result, the present Origlnal Applicauon is allowed ex-parte with costs, as under:-

ORDER

(1) T.A. No. 355 of 2014 filed by the Appltcant Bank is allowed and debt is determined with cost against the defendants. It ts hereby ordered that applicant bank is entaded to recover from the defendants the total amount to the tune of Rs. 14,16,848/- (Rupees fourteen lakh sixteen thousand eight hundred and forty eight only) wlth pendentelite and future interest @ 10.75olo per annum interest with stmple on the amount due from the date of filing of the Original Application i.e. 29108/2008 flll full and final realization of the claim amount.

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Appllcant Bank after flling of the O.A. the same be taken into account while arrivinq at the exaqt amount of dues/debt payable by the defendants. Accordingty, pendentelite and future interest shall be calculated on the reduced amount.

(3) Oefendants are debarred from disposlng, 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 thlrty days from the date of the JudgemenvFinal 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 entiUed to recover its dues by sale of secured assets, lf any. Applicant bank ls also entiued to proceed against personal properties of the defendants (Both movable and tmmovable) and also proceed against the defendants persona[y to recover the dues in accordance with raw.

(5) Let the Certificate of Recovery be drawn up by Ld. Registrar Judgement 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. forthwith in terms of of the applicant bank 1993 and put up the

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the / defendants in accordance wlth law.

(7) Ld. Regtstrar of thts Trlbunal ts dtrected to deltver recovery cerflficate in term of the final order/judgement for recovery of the sum agalnst the defendant ln favour of the Applicant Eank 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 dtrected to appear before the Recovery Officer on 08/06/2026 for further action ln accordance with law in the event the entire amount is not pald by the sald date. Accor-dingty, T.A. No. 365 of 2014 xotratal is'arro*ea'l;:;";;".li.li::ij:r1 out or o A' No 331 or 2oo8 rired berore DRr-2, CoPy of the JudgemenVFinal Order FIe rs consigned to the Record *oo,j: "'o"o"o ln the Trlbunal's website. I3*i:*"fi ?? Iif:H |ff ;-,ppr. o".a ""0 JsH',8if 3;t[T ;r;g+ muln r r lr^ r

Debts Recovery Tribuna!-3, Kolkata Order Sheet (Continuation) case tto. .rA No. 3GE oiEie Order No.21 Dt.24 /04 / 2026 Order pronounced (vlde separate sheets). ln the result, T.A. No. 365 of 2014 (arising out of O.A. No. 331 of 2008 filed before DRT-2, Kolkata) ts allowed with costs. Issue Recovery Certificate accordingly. ( Arbiia Madhav ) Presiding Officer DRT-2, Kolkata Additional Charge of DRT,3, Kotkata