Debts Recovery Tribunals and Appellate Tribunals
BANK OF BARODA vs MS ARUN TRADING COMPANY AND ORS on 27 April 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESENT:- SRI ARBTND MADHAV
PRESIOTNG OFFICER OF DRT'tt KOLKATA
ADDTTTONAL CHARGE OF DRT-III XOLKATA
T.A. NO. 319 0F 201s'
DATE OF DELIVERY OF ORDER : 27 IO4 12026
Bank ot Baroda is a body corporate constituted under the Banking Companies i*-.""'.'i,"^-r"a Transfer of Undertakings) Act, 1970, having its Head offrce at [""ij;;;;;;;, cuiu."t una carrying o; bankins business amongst other places at ,;;;;;[-"i-Ahi Branch, 109/D, sir Ashutosh l'4ukherjee Road' Bhowanipur'
ii"u"t"-iooois, west Bengal, within the jurisdiction of this Ld Tribunal'
Applicant Bank,
1.
2.
-VersuS-
M/s. Arun Trading Company, a proprietorship business of Arun Agarwal' having its i'*',iJl""U' "? oi"iipii'pri"" dr business it 7, Rameopal Ghosh Lane' Kolkata- 7OOOO2, wlthln the aforesaid Jurisdlction'
Arun Aoarwal, havlng its office and/ or principal place of business at 7' Ramgopal ctortr iun", Kolkata-7oOOo2, within the aforesaid jurisdiction'
Dilio Kumar Gupta, reslding at and/ or carrying on business at 28' Chandranath sini" r-un". Koliata-7oooo2, within the aforesaid iurisdiction'
3.
1.
2.
3.
Defendants.
counsel for the APPlicant Bank: -
soudip Pal choudhuri, Ld. Counsel
Set ex-Parte on
20l04l2026
]UDGEMENT
The Agpllcant Bank flled the present TA being No' TA/319/2015 on 19/02/2008 (arislng out ofo.A.No.6lof2ooSflledbeforeDRT-2,Ko|kata)forrecoveryofatotalsumofRs.
22,81,769.071- (Rupees twenty two lakh eighty one thousand seven hundred slxty nine and palsa s€ven only) from the Defendants towards Cash Credit together wlth lnterest' cost and other usual reliefs.
The Defendants are served with summons The defendants did not appear' as there was no representation frcm the defendants, the case was fixed for ex-Parte hearing or 20/0412026'
and heard ex-Parte accordlnglY.
The Appllcant Bank examlned 9 docum€nts through Sri olpak Mukhopadhyay' Chief Manager marked as Exhlbit Annexure-A to Exhibit Annexure-D'
Heard the Ld. Counsel for the Appllcant Bank'
G
4.
5.
The point that arises for consideratlon ls :
whether the Appllcant Bank ls entltled to the claim made ln 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 Evldence Affldavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Annexure-O marked on behalf of the Applicant Bank, established the claim of the Appllcant Bank against the Defendants and OA schedule propertles. Hence, I hold that the Defendants are Jolntly and severally llable to pay to the Applicant Bank the claims made ln the OA wlth future lnterest and costs.
In the result, the present Orlginal Application is allowed ex-parte with costs, as under:-
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ORDER
(1) T.A, No. 319 of 2015 filed by the Applicant Bank is allowed and debt as determined with cost against the defendants. It ls hereby ordered that appllcant bank is entitled to recover from the defendants the total amount to the tune of Rs. 22,81,769,07/- (Rupees twenty two lakh eighty one thousand seven hundred sixty nlne and palsa seven only) with pendentelite and future lnterest @ 13% per annum lnterest with simple on the amount due from the date of filing of the Orlginal Appllcation i.e. L9|O2/2OOA till full and final realization of the claim amount.
(2) Amount, if any, pald by the defendants ln the loan accounts or amount, if any, recovered by the Appllcant 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. Accordingly, pendentelite and future lnterest shall be calculated on the reduced amount.
(3) Defendants are debarred from disposing, allenating or dealtng with any of the properfles belonging to them till the aforesaid decretal debt ts recovered from the defendants.
(4) Defendants are given a time of thirty days from the date of the JudgemenvFinat Order for repaying of the above mentloned dues, so lnumated to them. In case the defendants fail to pay the dues within the above mentioned time, the appllcant bank is entiUed to recover its dues by sale of secured assets, tf any. Applicant bank ls also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law, (s)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for lssuance 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
6.
7. y'C ru " to, i.ruance of the Certificate.
(5) Ld. Recovery Officer shall reallze the amount as per the Recove.y Certiflcate from the defendants ln accordance with law.
(7) Ld. Registrar of this Tribunal is directed to deliver recovery certiflcate in term of the final order/rudgement for recovery of the sum agalnst the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of oebts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993,
(8) The partles are directed to appear before the Recovery Offlcer on 09/06/2026 for further action in accordance with law ln the event the entlre amount is not paid by the saad date. Accordingly, T.A. No. 319 of 2015 (arising out of O.A. No, 61 of 2008 filed before DRT-2, Kolkata) ls allowed and stands disposed of. Copy of the JudgemenvFlnal Order be uploaded in the Trtbunat! webstte. File is consigned to the Record Room. (Oictated to st€no, transaribed by her. core€ted, signed and pronounced by me in th€ open Court on th€ 276 day orApril, 2026) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA ( SRI ARBIND MADFAV )
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No.319 of 2015 Bank ot Baroda Vs. I{/s. Arun Tradinq Co. & Ors. Date of Order Order with signature Order No.20 pt.27104t2026 ss Order pronounced (vide separate sheets). In the result, T.A. No. 319 of 2015 (arising out of O.A. No. 51 of 2008 filed before ORT-2, Kolkata) Is allowed wtth costs. Issue Recovery Certificate accordingly. ( Arbind f,ladhav ) Presiding Officer DRT-2, Kotkata Additlonal Charge of DRT-3, Kolkata