ORIENTAL BANK OF COMMERCE vs M/S KORAS & ORS on 27 April 2026

JUDGEMENT

The Applicant-Bank filed the present TA belng No. 1N744412015 on 01/09/2009 (arasing out of O,A. No, 602 of 2009 flled before DRT-2, Kolkata) for recovery of a total sum of Rs. 70,42,057.75/- (Rupees seventy lakh forty two thousand flfty seven and paisa seventy five only) from the Defendants towards Cash Credit together wlth interest, cost and other usual reliefs. The Defendants are served with summons. The defendants appeared but failed to file any w.s. There was no representatlan from the defendants subsequently and the case was fixed for ex-parte hearlng on L7lo4l2026, and heard ex-parte accordingly. 2, 5

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7. The Applicant Bank examlned 16 documents through Sri Anll Ram Chandra Gaidhani' Chief Manager marked as Exhiblt Annexure-A to Exhlblt Annexure-J' Heard the Ld. Counsel for the Appllcant Bank. The point that arises for consideratlon ls : Whether the Applicant Bank ls entltled to the claim made in the OA agalnst the Defendants and OA schedule properties as prayed for? As stated supra, the Defendant remalned absent and dld not turn up to controvert the version of the O.A. of Appllcant Bank. The Evldence Affidavlt coupled wlth the recitals in the documents viz,, Exhibits Annexure-A to Annexure.J marked on behalf of the Applicant Bank, establlshed the clalm of the Applicant Bank agalnst the Defendants and OA schedule propertles. Hence, I hold that the Defendants are Jolntly and severally liable to pay to the Applicant Bank the claims made ln the OA with future lnterest and costs' ln the result, the present Orlginal ApPlicatlon ls allowed ex-parte with costs' as under:- ORD.E.R

(1) T.A. No. 1444 of 2015 filed by the Applicant Bank ls allowed and debt is determined with cost agalnst the defendants. It ls hereby ordered that appllcant bank is entitled to recover fromthedefendantsthetotalamounttothetuneolPs.To,42,o5T.TS/-(Rupeesseventy lakh forty two thousand flfty seven and palsa seventy flve only) wlth pendentelite and future lnterest @ 13.50% per annum interest wlth simple on the amount due from the date of filing of the Origlnal Appllcation i.e. OUO9/2009 tlll full and final reallzation of the claim amount.

(2) Amount, if any, pald by the defendants ln the loan accounts or amount, if any' recovered by the Applicant Bank after llling of the O'A. the same be taken into account while arrivinq 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 dlsposlng, allenating or dealing with any of the properties belonglng to them tllt 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 lntlmated to them' In case the defendants fail to pay the dues wlthin the above mentloned time, the appllcant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank ls also entitled to proceed against personal Properties of the defendants (Both movable and immovable) ancl also proceed against the defendants personally to recover the dues in accordance with law'

(5) Let the Certlficate of Recovery be drawn up by Ld Registrar forthwith in terms of 6l ]udee .nt for issuance of the same agalnst defendants ln favour of the applicant bank under Sectlon 19 (22) of the Recovery of Debts and BankruPtcy Act, 1993 and put up the same for issuance of the Certificate.

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

(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final orderludgement for recovery of the sum against the defendant in favour of the Applicant Bank under Sectlon 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 dlrected to appear before the Recovery Officer on 09/06/2026 for further action in accordance with law ln the event the entlre amount is not paid by the said date' Accordingly, T.A. No. 1444 of 2015 (arising out of O A' No' 602 of 2009 filed before DRT-2' Kolkata) ls allowed and stands disposed of. Copy of the JudgemenvFlnal Order be uploaded in the Trlbunal's website' File is consigned to the Record Room. loi.tated to steno, t-dnscrioed by'er, (orrected signed and p.onorr"ceo Oy -e ,n tt'e open Courl on the 27t_ ddv or April, 2026) ' z+ q z ( SRI ARBIND MADHAV ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA

Debts Recovery Trabunal-3, Kolkata Order Sheet (Continuation) Case l',1o. tA lo, 1444 of 2015 -- --

- P-uniau Natio i aank Vs. M/5. Koras & Ors. Date ot Order Order with signature O rd€Ll{o.il4 Dt.27 /04 /2026 ss Order pronounced (vlde separate sheets). In the result, T.A. No. 14i14 of 2015 (arising out of O.A No 602 of 2OO9 filed before DRT-2, Kolkata) ls allowed wlth costs. lssue Recovery Certlficate accordlngly. ( Arbind l,ladhav ) Presiding Officer DRT-2, Kolkata Additional Charge of 0RT-3, Kolkata