Allowed

Indian Bank v. Ms Chakraborty Wallpaper Co. and Ors.

DRT26 Sept 2025OA/166/2023

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Debts Recovery Tribunal allowed the bank's application for recovery of a determined debt. The court ruled the defendants liable to pay the principal sum plus pendentelites and future interest, directed the issuance of a recovery certificate under RDDBIA, and barred the defendants from alienating their properties.

What did the court decide?

Recovery certificate issued to Plaintiff; Defendants barred from alienating properties; Defendants directed to repay within 30 days.

Indian Bank versus Ms Chakraborty Wallpaper Co. and Ors. — Banking and Recovery | DRT (2025)

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IEFORE THE DEETS R,ECOVERY TRIBUNAL-III KOLKATA PRESE'{T:^.SRI KAMAL DE.

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PRESIDING OFFICER,

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O.A. 155 of 2023

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DATE OF DELIVERY OF ORDER: 26109 /2O2s

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lndlan Bank, a body corporate constituted under the Banking Companies (Acqulsltlon & Transfer of Undertakings) Act, 1970 having its Head Office at 254260 Awau Sgabnygham Salal, Royapettah, Chennai-600014 and also havinq its numercus branches including one at Indian Bank, Dunlop Bridge Branch, 149, B.T. Road, Kolkata-700108 commonly known as Indian Bank, Dunlop Bridge Branch within the Jurlsdlction as aforesaid.

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... Applicant .

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-Versus-

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1,4/s. Chakraborty wallpaper co. Proprietorship concern of Mr. Suman Chakraborty, having lts Reglstered Office at 9/11, Ghola Road, Barasat, ward^No. 22, Kolkata-L24, wlthin the Jurlsdlction as aforesaid.

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l"lr. Suman Chakraborty, son of Parimal Chakraborty, as a^{proprletor/borrower} of M/s. Chakraborty Wallpaper Co, having its residents at 11/D, Ghola Road, Surya Sen Pally, Barasat, North 24 Parganas-700124, is within the^jurisdiction as aforesaid.

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Mrs. Shiuli Chakraborty, wife of Mr. suman chakraborty, Guarantor & Mortgagor of M/s. Chakraborty Wallpaper co. havinq its residence at 11/D, Ghola Road, Surya Sen Pally, Barasat, North 24 Parganas-7oo124, and^" Chetak^Tower", Ground^Floor, 65/3/1, K.N,C. Road, P.O. Kajipara, P.S,-Barasat,^{Kolkata-700124as within the} jurisdiction as aforesaid.

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... Defendants.

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Counsel for the Appllcant Bank:

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Mr. Soudlp Pal Choudhury, Advocate,

Set ex-pane on

09/09/2O2s

JUDGEMENT

1, The Appllcant Bank flled the^present O.A. being^{No. O.A. 156 of 2023on !5/03/2023 fot} recovery of a total sum of Rs.4,87,45,71U-^{(Rupees Four Crores Elghty-seven Lacs Forty -} Six Thousand Seven Hundred Eleven only)^{from the DefendantstowardsCash Credit} Facillty together wlth lnterest, cost and other^{usual reliefs.}

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The Defendants are served wlth summons.^{The defendantsdid not appear, as there was no} representatlon from the defendants,^{the case wasfixedfor ex-partehearlng on 09/09/2025,} and heard ex-parte accordlngly.

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The Appllcant Bank examlned 40 documents^{through Sri Prabhat Kumarworklng for gain at} Indlan Bank marked as Exhlblt Annexure-A to^{Exhibit Annexure-A-40}

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Heard the Ld. Counsel for the APPllcant Bank.

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The point that arises for consideratlon is^:

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Whether the Applicant Bank is entitled to the claim^{made in the OA against the Defendants} and OA schedule^properties as^prayed for?

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As stated supra, the Defendants remalned absent and did^{not turn up to controvertthe} version of the O.A. of Applicant Bank. The Evidence Affidavit coupled^{with the recitals in the} documents viz., Exhibits Annexure-A to Exhlbit Annexure^{A-40 marked on behalfof the} Applicant Bank, establlshed the claim of the Appticant^{Bank against the Defendants andOA} schedule^propertles, Hence, I hold that the Defendants^are rolntly^{and severally liable to pay} to the Applicant Bank the claims made in the OA^{wlth future interest and costs.}

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In the result, the^present Original Appllcation^{is allowed ex-parte withcosts, as underl-}

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ORDER

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(1)O,A. 155 of 2023 Rled by the Applicant Bank ls allowed and debt^{is determlned withcost} against the defendants. It ls hereby ordered^{thatApplicant Bank is entitledto recover from} the defendants the total amount^{to the tune of Rs. 4,a7,46,711/- (RupeesFour Crores} Eighty-Seven Lacs Forty^-Slx Thousand^{Seven Hundred Eleven only)with pendentelite} and future lnterest @ 08.45olo^{perannum lnterest wlthsimple on the amountdue fromthe} date of flllng of the Orlglnal Appllcatlon^{l.e 15.03.2023tlll full and final reallzation of the} clalm amount.

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(2) Amount, lf any, paid by the defendants ln the loan accounts or amount,^{if any, recoveredby} the Applicant Bank after fillng of the^{O.A.the same be taken intoaccountwhile arriving at} the exact amount of dues/debt^{payable by the defendants. Accordingly,pendentelite and} future interest shall be calculated on the reduced^amount.

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(3) Defendants are debarred from disposlng, allenatlng^{or deallngwlth anyof thepropertles} belonglng to them tlll the aforesald^{decretal debt ls recovered from the defendants'}

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(4) Defendants are glven a time of thirty days^{from the dateof the Judgment/Final Order for} repaylng of the above^{mentloned dues, so lntlmated to them. In case the defendantsfail to} pay the dues within the above mentioned time, the^{applicant bank is entitledto rccover 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 immovable)and alsoproceed} against the defendants^{peEonally to recover the dues in accordance withlaw'}

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(5) Let the Certlflcate of Recovery be dralvn^{up by Ld. Registrarforthtr/ithln terms of Judgment} forissuanceofthesameagainstdefendantsinfavouroftheapplicantbankunderSection 19 (22) of the Recovery^{of Debtsand Bankruptcy Act, 1993and put up the same for} issuance of the Certificate.

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(6) Ld. Recovery Offlcer shall realize the amount^{as per the Recovery certificatefromthe} defendants tn accordance^{with law,}

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(7)Ld. Registrar of thls Trlbunal ls directed^{to deliver recovery certiflcate in termof the final} order/judgment^{for recovery of the sum against thedefendantsin favourof theApplicant} Bank under Section^{19(22) of the Recovery of Debts due to the Bankand Financial} Institutions Act, 1993^{now knownas Recoveryof Debtsand BankruptcyAct' 1993}

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(8)The partles are dlrected^{to appear before theRecovery officer on 03/1212025for frJrther} action in accordance^{with lawin the eventthe entlre amount is not pald by the saiddate'}

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belng O,A. No.166^{of 2023 is allowed and stands} Accordlngly, the^{OriglnalApplication} disposed of.

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Copy of^{the JudgmenvFinal Order be uploaded in the Tribunal's website'} File is conslgned^{to the Record Room'}

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(Dictated to steno, transcflbed by^{him, correcied'signed and} iionor"i"J^{ov ,"i" theopencourton the 25thdav} of September,²⁰²⁵⁾

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PRE.SIDING^OFFICER.

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)

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case No, O.A. 166 ol 2023 Indlan Bank vs, M/s. chakraborty wall Paper Co. & ors.
Dat€ of Order order with signature
order No.21
Order pronounced (vide separate sheets)
ot.26t09t2025
In the result, O.A, 166 of 2023 is allowed with
Issue Recovery Certlflcate accordingly.
sh
Presiding Officer
DRT-3, Kolkata

Indian Bank v. Ms Chakraborty Wallpaper Co. and Ors.

Case brief

What is this about?

What did the court decide?

Indian Bank v. Ms Chakraborty Wallpaper Co. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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