BANK OF BARODA vs ASHOK SHAW & ANR on 30 April 2026

JUDGEMENT

The Applicant Bank filed the present TA belng No' TA'/945/20L4 on O9/O7l2io9 (arising out ofo.A.No.436of2oogfiledbeforeoRT-2,Kolkata)forrecoveryofatotalsumofRs. 1l,7O,:r,al- (Rupees eleven lakh seventy thousand one hundred and ninety eight only) from theDefendantstowardsTraderLoantogetherwlthlnterest,costandotherusualreliefs. The Defendants are served with summons The defendants dld not appear' as there was no representation from the defendants, the case was fixed for ex-parte hearing on 2210412026' and heard ex-Parte accordlnglY. The Applicant Bank examined 1O documents through Sri Nanda Dulal Jana' Branch Manager marked as Exhlbit Annexure-A-1 to Exhlblt Annexure-A-10' Heard the Ld. Counsel for the Appllcant Bank' The point that arlses for conslderatlon is :

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5. Whether the Applicant Bank is entitled to the clalm made in the OA agalnst the Oefendants and OA schedule propertles 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 Evidence Affldavlt coupled wlth the recitals in the documents viz., Exhibits Annexure-A-1 to Annexure-A-10 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and oA schedule propertles. Hence, I hold that the Defendants are Jointly and severally liable to pay to the Applicant Bank the claims made in the OA with future lnterest and costs' ln the resutt, the present Origlnal Application is allowed ex-parte with costs' as under:-

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ORDER

(1) T.A. No. 945 of 2014 fited by the Applicant Bank is allowed and debt is determined with cost against the defendants. lt is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs 11'70'198/- (Rupees eleven lakh seventy thousand one hundred and ninety eight only) with pendentellte and future interest @ 1o.5oo/operannuminterestwithsimpleontheamountduefromthedateoffilingofthe Originat Application i.e. O9l07l2009 till full and flnal reallzation of the claim amount

(2) Amount, if any, paid by the defendants in th€ loan accounts or amount' if any' recovered by the Applicant Bank after filing of the O A the same be taken into account while 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 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 glven a time of thirty days from the date of the Judgement/Final Order for repaying of the above mentlonecl dues, so intimated to them ln case the defendants fail to pay the dues within the above mentloned time' the applicant 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 lmmovable) and also proceed against the defendants perconally to recover the dues in accordance with law'

(s) Let the Certificate of Recovery be drawn up by Ld' Reglstrar forthwith in terms of Judgement for lssuance of the same agalnst defendants in 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'

(5) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the i:47 detendants ln accordance wlth law'

(7) Ld. Registrar of this Tribunal ls dlrected to dellver recovery certiflcate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Oebts due to the Bank and Financial InstitutionsAct,lgg3nowknownasRecoveryofDebtsandBankruptcyAct'1993'

(8) The parties are directed to appear before the Recovery Officer on 11/06/2025 for further action in accordance wlth law in the event the entire amount is not paid by the said date' Accordingly, T.A, No. 945 of 2014 (arlsing out of o A No 436 of 2OO9 filed before DRT-2' Kolkata) is allowed and stands dlsposed of' Copy of the JudgemenVFinal Order be uploaded ln the Tribunal's website File is consigned to the Record Room' lDictated to steno, trans.ribed bY h€r, corr€cted, srgned and pronounceO Uy me rn ttre open Court on the 306 day or Apnl, 2025) PRESIDING OFFICER OF DRT'II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA ( SRI ARBIND MADHAV ) ? "..1..(]

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case tro. ta No. gCS of Order pronounced (vide separate sheets) ln the result. T.A, No. 945 of 2014 (arising out of O A 2ooq filed before oRT-2, Kolkata) is allowed with costs' IssLre Recovery Certificate accordingly. Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kolkata Order No.38 Dt.3010412026 gank of Baroda Ashok Shaw & Anr. Date of Order Order with signature ss