Sri Sombit Mukherjee vs State Bank of India on 2 April 2026

**J U D G M E N T**

*M* 2.4.2025 Presiding Officer

Siliguri

The instant M.A. has been filed by the applicant/defendant No.2 in O.A. case for setting aside the judgment & order passed by this Tribunal on dated 12.03.2025 wherein the O.A. case of the applicant bank has been allowed for an amount of Rs.26,23,696.50p (Rupees Twenty Six Lakhs Twenty Three Thousand Six Hundred Ninety Six and Paise Fifty) only along with interest calculated upto 13.06.2023 and further interest thereon @9.25% p.a. with monthly rests from 14.06.2023 till realization of entire balance from the defendants along with cost amount.

2. Case of the M.A. applicant in short is that after receiving the summon the petitioner/defendants firstly appeared on 22.08.2024 through their Ld. Counsel and undertook to file the written statement and after hearing both the parties the matter was fixed on 24.10.2024 but on this date due to resolution from the Bar Association the matter was adjourned to 18.01.2025. However, on 08.01.2025 due to diary mistake of the Ld. Counsel for the defendants he could not appear on this date and the matter was declared ex-parte against the defendants. The plea of the M.A. applicant is that after (contd/...2)

getting the knowledge of the said ex-parte order, the defendants changed their counsel and on 10.03.2025 he appeared before the Tribunal and after hearing both the counsels, the matter was fixed on 12.03.2025 for passing order. The M.A. applicant prays for giving an opportunity to the defendants for filing the written statement and contest the case.

3. Opposite party/applicant of the O.A. case filed their written objection stating inter-alia that it was never the fact that the defendants were not aware of the proceedings initiated by the Bank against them and even on the date of placing arguments, the parties were duly represented by the Ld. Advocate and only after hearing the parties, the Tribunal was pleased to pass the judgment on 12.03.2025 and now the borrower has filed this application with an oblique motive to delay the proceedings of recovery. The contention of the opposite party bank is that the application under section 22(2)(g) of the Recovery of Debts and Bankruptcy Act, 1993 deals with an 'order' through which any application has been dismissed for default or an 'order' which has been passed ex-parte but in this matter the Ld. Advocate placed their arguments in a contested hearing on 10.03.2025 and only thereafter the judgment was passed by the Ld. Tribunal and therefore section 20 (appeal to the appellate Tribunal) of the Recovery of Debts and Bankruptcy Act, 1993 will be applicable and thus the present application filed under section 22(2)(g) does not hold any ground either in law or in fact.

Ld. Counsels of both the parties have already been heard and perused the record including the O.A. case record.

5. In the instant matter the judgment has already been delivered on dated 12.03.2025 ex-parte as even after putting their appearance the defendants did not file any written statement.

6. Sub-section (2) of section 22 prescribes the circumstances for which the provisions of the Code of Civil Procedure would be applicable and its clause (g) is for setting aside any order of dismissal of any application for default or any order passed ex-parte and thus for setting aside the ex-parte order provisions of Code of Civil Procedure is applicable.

7. Relevant provision under the Code of Civil Procedure for setting aside the ex-parte decree is Order IX Rule 13 which prescribes that where the petitioner satisfies that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the court shall make an order setting (contd/...3)

Handwritten signature and stamp: e-1, 4.12.2026 Presiding Officer Debts Recovery Section Siliguri aside the decree against him. From perusal of the record of O.A. case it transpires that out of two defendants, the defendant No. 2 Sri. Sombit Mukherjee was served through registered post on dated 14.06.2025 as per the track report whereas summons of other defendant Smt. Riya Chakraborty was returned to the sender due to insufficient address. It also transpires that even after service of summons to the defendant No.2 through registered post, paper publication was made for substituted service of summons on both the defendants and service of summons through newspaper publication has been found complete from the date of publication in newspaper i.e. 28.06.2024 as it transpires from the order dated 10.07.2024 of the O.A. case. It also transpires that on 09.07.2024 vakalatnama has been filed on behalf of the defendants and on 22.08.2024 four weeks time was given to the defendants to file the written statement but they did not file till 08.01.2025 and thus the order of the ex-parte hearing has been passed on such date i.e. 08.01.2025.

8. As per sub-section (5)(i) of section 19 of the Recovery of Debts and Bankruptcy Act, 1993 within 30 days of service of summons written statement has to be filed by the defendants which may be extended for another 15 days in exceptional circumstances. If the service of summons is presumed to be served even from the date of publication in the newspaper i.e. 28.06.2024 for both the defendants, the maximum period available for the defendants to file the written statement was only till 12.08.2024, whereas in the instant matter it was not filed till 08.01.2025 and thus the defendants did not file their written statement for more than 6 months from the date of service of summons and it shows that only after providing sufficient opportunity to the defendants an order of ex-parte hearing has been passed.

9. Relying upon the judgment of the Hon'ble Madhya Pradesh High Court passed in the case of **M/s Crest Steel and Power Pvt. Ltd. & Ors Vs. Punjab National Bank & Ors** [2018 SCC OnLine MP 1339] the Hon'ble DRAT, Kolkata has held in case of **M/s Lampex Electronics Limited & Anr Vs. State Bank of India & Ors** [I (2026) BC 110 (DRAT)] that the defendants would loose their right to file their written statement if fail to do so within 30 days and also extended 15 days. The relevant paragraph of the order runs as under :

"15. Time of 30 days is mandatory for filing the written statement which can only be extended 15 days but in the present case, no ground could be shown by the Appellant for extension of time."

(contd/...4)

02.4.2025 Presiding Officer Debt Recovery Tribunal Siliguri

1. 10. The Hon'ble DRAT, Kolkata had taken the same view in case of **M/s Mirania Brothers & Ors Vs. IndusInd Bank & Anr** [Misc. Appeal No. 152 of 2025 decided on dated 11.03.2025].

2. 11. The M.A. applicant has taken the plea that on 24.10.2024 there was Bar Resolution and on the next date due to diary mistake Ld. Counsel did not appear but this plea is not convincing because filing of the written statement has nothing to do with any Bar Resolution or non appearance due to diary mistake rather it may be filed on any working day and now a days it can be uploaded even on holidays.

3. 12. With an aim and objection to expeditious adjudication and recovery of debts due to Banks and Financial Institutions, The Recovery of Debts and Bankruptcy Act, 1993 was enacted and as per sub-section (24) of section 19 of the Recovery of Debts and Bankruptcy Act the O.A. case is to be disposed of within 180 days from the date of receipt of the application whereas in the instant matter more than 180 days were available to the defendants to file the written statement but even then they did not file it.

4. 13. In this view of the discussions made herein-above in the foregoing paragraphs, M.A. filed by the applicant/defendant is **dismissed** as no merit has been found in it.

5. 14. Let copy of this order be sent/served to both the parties free of cost.

6. 15. File be consigned to the record room after uploading the order on the website of the Tribunal.

The judgment is signed and pronounced in the open Tribunal on 2^nd day of April, 2026.

*Rakesh Pati Tiwari* (RAKESH PATI TIWARI) Presiding Officer DRT-Siliguri 02.4.2026 Presiding Officer

Siliguri