STATE BANK OF INDIA vs SUNDARBAN KHADI & VILLAGE INDUSTRIAL SOCIETY & ANR on 30 April 2026

JUDGEMENT

The Appllcant Bank filed the present TA belng No. TAl1271/2015 on 28/01/2010 (arising out of O.A, No. 104 of 2O1O flled before DRT-2, Kolkata) for recovery of a total sum of Rs' 12,96,752.A2/- (Rupees twelve lakh nlnety slx thousand seven hundred fifty two and paisa eighty two only) from the Defendants towards Cash Credit together with interest, cost and other usual rellefs. The Defendants are served wlth summons. The defendants dld not appear, as there was no representatlon from the defendants, the case was fixed for ex-parte hearing on 2110412026, and heard ex-Parte accordlngly' The Appllcant Bank €xamlned 24 documents through Srl Amit Kumar Sinha, Branch Manager marked as Exhlblt Annexure-A to Exhlblt Annexure-I-5. Heard the Ld. Counsel for the Applicant Bank.

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7. The point that arlses for consideration ls : Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed fo.? As stated supra, the Defendant remalned absent and did not turn up to controvert the version of the O,A. of Applicant Bank' The Evidence Affldavit coupled with the recitals in the documents vlz., Exhlbits Annexure-A to Annexure-I-s marked on behalf of the Applicant Bank, established the claim of the Applicant Bank agalnst the Defendants and OA schedule properties. Hence, I hold that the Defendants are jolntly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs' In the result, the present Origlnal Appllcation is allowed ex-parte with costs, as under:-

ORDER

(1) T.A. No, !2?l ot 2oLS filed by the Applicant Bank is allowed 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 of Rs. 12,96,752.82l- (Rupees twelve lakh ninety six thousand seven hundred fifty two and paisa eighty two only) with pendentelite and future interest @ 15olo per annum interest with simple on the amount due from the date of filing of the original Applicatlon i.e. 2alo,/2o7o till 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 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 ludgement/Flnal Order for repaying of the above mentioned 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 personat 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 Certificate of Recovery be drawn up by Ld, Registrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the Z:}-same tor issuance of the Certiflcate'

(6) Ld. Recovery officer shall reallze the amount as per the Recovery Certificate from the defendants in accordance wlth law.

(7) Ld. Registrar of this Tribunal ls dlrected to deliver recovery certlflcate in term of the final order/judgement for recovery of the sum against the defendant ln favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993.

(8) The parties are directed to apPear before the Recovery Office. on 11/06/2026 for further action in accordance with law ln the event the entlre amount ls not paid by the said date. Accordlnqly, T.A, No. 1271 of 2015 (arisinE out of O.A. No. 104 of 2010 filed before DRT-2, Kolkata) is allowed and stands dlsposed of. Copy of the ludgemenvFlnal Order be uploaded ln the Tribunal's website. File is consigned to the Record Room. (Dictated to steno, transtribed bY her, correct€d, signed and gronounced by me in the open Court on the 306 day of Aprir, 2026) PRESIDING OFFICER OF DRT-tI KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA ( SRI ARBIND MMHAV )

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 1271 ol zols Order pronounced (vlde separate sheets). In the result, T.A, No. 1271 of 2015 (arising out of OA' 2O1O filed before ORT-2, Kolkata) is allowed wlth costs' Issue Recovery Certlficate accordingly, No. 104 of ( Arbind Madhav ) Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kolkata Order No.32 ot.30104 t2025 ffiia Vs. sundarban Khadi & Villaqe Industrial Sociew & anr' Date of Order Order with signature ss