Debts Recovery Tribunals and Appellate Tribunals
CENTRAL BANK OF INDIA vs GIRDHARILAL AGARWAL AND ORS on 24 April 2026
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BEFORE THE DEBTS RECOVERY TRtAUNAL.III KOLKATA
PRESENT:- SRI ARBIND MADHAV
PRESTDING OFFTCER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
T.A, NO. 1lal OF 2015.
DATE OF DELIVERY OF ORDER I 2410412026
Central Bank of tndla ls a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Central Office at Chander Mukhl, Narlman Point, Mumbai-400021 and carrying on business, inter alia, at No. 188/169 Diamond Harbour Road, Sealpara, P.S.- Thakurpukur, Kolkata-700008, commonly known as its Barisha Branch, within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
Defendants.
Counsel for the Applicant Bank: -
-Versus-
Glridharilal Agarwal, son of Mr. Sltaram Agarwal, carrylng on business under the name and style of M/s. G. D. Dlstributor as lts sole proprietor thereof at 9E, Rai Bahadur Road, Behala, Kolkata-700034 and at 359/2, Dtamond t-tarbour Road, Kolkata-700034 and also at 1 Brojen Mukherjee Road, Kolkata-700034.
Sita Ram Aga.walla, son of late Manoharlal Agarwal, residing at 42F, Brown Field Row, Kolkata-700027.
Mrs, Anguri Devi Agarwal, wife of Mr. Sltaram Agarwal, residing at 42F, Brown Field Row, Kolkata-700027.
Pawan Kumar Agarwal, son of I'lr. Sitaram Agarwal, restdlng at 42F, Elrown Field Row, Kolkata-700027.
Mrs. Pushpa Agarwal, wlfe of late Trilok Agarwal, residing at E-102, Oxford View Apartment, 32l36, Diamond Harbour Road, Kolkata-7OOOO8.
Ms. GunJan Agarwal, daughter of late Trlok Agarwal, residinq at E-102, Oxford View Apartment, 32l36, Olamond Harbour Road, Kolkata-7OOOO8.
Ms. Pooja Agarwal, daughter of late Trtlok Agarwal, residlng at E-102, Oxford View Apartment, 32l36, Dlamond Harbour Road, Kolkata-7OOOO8.
Aparajita Rao, Ld. Counsel
Set ex-parte on
L6/04/2026
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JUDGEMENT
The Appllcant Bank filed the present TA being No. TA,/1181/2015 on 13/10/2010 (arisinq out of O.A. No. 1366 of 2010 flled before DRT-2, Kolkata) for recovery of a totat sum of Rs, 27,43,457/- (Rupees twenty seven lakh forty three thousand four hundred and fifty seven only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.
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2. The Defendants are served wlth summons. The defendants dld not appear' as there was no representatlon from the defendants, the case was flxed for ex-Parte hearlng on 16l04/2026' and heard ex-Parte accordlnglY. 5, The Applicant Bank examlned 75 documents through Sri Pumananda Sarangi' Assistant Regional Manager marked as Exhibit Annexure-A-1 to Exhibit Annexure-AC' Heard the Ld. Counsel for the Applicant Bank The point that arlses for conslderation ls : Whether the Applicant Bank ls entitled to the clalm made ln the OA agalnst the Defendants and OA schedule properties as prayed for? As stated supra, the Oefendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evldence Affldavit coupled wlth the recitals in the documents viz., Exhiblts Annexure-A.l to Annexure-Ac marked on behalf of the Applicant Bank, established the clalm of the Appllcant Bank against the Defendants and oA schedule properties, Hence, I hold that the Defendants are Jointly and severally liable to pay to the Applicant Bank the clalms made in the OA wlth future lnterest and costs' In the result, the present Original Appllcation ls allowed ex-parte wlth costs, as under:-
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ORDER
(1) T.A. No, 1181 of 2015 filed by the Appllcant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank ls entitled to recover from the defendants the total amount to the tune of Rs. 21,43'457/. (Rupees twenty seven lakh forty three thousand four hundred and flfty seven only) with pendentelite and future interest @ 72.2496 ler annum lnterest wlth simple on the amount due from thedateof filingoftheoriginalApplicationi.e.l3l10/2olotillfullandflnalrealizationoftheclaim amount.
(2) Amount, if any, paid by the defendants ln the loan accounts or amount, lf any, recovered by the Applicant Bank after fillng of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants' Accordlngly, pendentelite 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 tlme of thirty days from the date of the JudgemenvFinal Order for repaying of the above mentioned dues, so Intimated to them ln case the defendants fail topaythedueswithintheabovementionedtime,theapplicantbanklsentitledtorecover ,itsduesbysaleofsecuredassets,lfany.Applicantbankisalsoentitledtoproceedagainst ,,c-.- personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with ldw.
(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same against defendants ln 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 Offlcer shall reallze the amount as per the Recovery Certiflcate from the defendants in accordance wtth law
(7) Ld. Reglstrar of thrs Tribunal is drrected to deriver recovery certificate in term of the final order/judgement for recovery of the sum agatnst the defendant tn favour of the Applicant Bank under Secuon 19 (22) of the Recovery of Debts due to the Bank and Financiat Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993.
(8) The partles are directed to appear before the Recovery Omcer on 08/0O/2026 for further action ln accordance wlth law in the event the enflre amount ls not pald by the said date. Accordingly, T.A. No. 1181 of 2015 (artsing out of O.A. No, 1306 of 201O filed before DRT_2, Kolkata) ls allowed and stands dtsposed of. Copy of the JudgemenvFlnal Order be uploaded tn the Trtbunat,s website. File is consigned to the Record Room. (Dictated to steno, transcribed by her, corrected, siqn€d and pmnounc€d by me in the open Court on the 246 day ol apm,2025) ( SRI ARBIND I4ADHAV ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 118i Central Bank of India Orc,er No.22 Dt,24 /04 t2026 Order pronounced (vlde separate sheets). In the result, T,A. o, 1181 of 2O1S (arising out of O.A. No. 2010 filed before ORT-2, Kolkata) is altowed wtth costs. Issue Recovery certificate acco.dingly. ( Arbind t4adhav ) Presiding Officer DRT-2, Kotkata Additional Charge of ORT-3, Kotkata