Allowed

Central Bank of India v. Tapas Kumar Biswas

DRT12 Nov 2025OA/219/2025

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Tribunal allowed an application by Central Bank of India for recovery of a housing loan. The respondent was declared jointly and severally liable to pay the due amount with pendente lite and future interest.

What did the court decide?

Decree passed for recovery of Rs. 43,93,575.70 with interest; respondent debarred from alienating property given 30 days to repay.

Central Bank of India versus Tapas Kumar Biswas — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUT{AL.III^KOLKATA

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PRESENT:^.SRI KAMAL DE.

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PRESIDING OFFICER,

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o.A, 219 of 2025

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DATE OF DELMRY OF ORDERT l2llll2o2s

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Central Bank ol tndla, a body constituted under the^{provisionsof theBanking} Companies^(Acqulsition & Transfer of Undertakings)^{Act, 1970having its Head Office} at Chandramukhi, Nar.man Point, t4umbai-400021^{andcarrying on business interalia} at Central Bank of Indla, Karll Marx Sarani Branch,^{P.S.-Watgunge, Kolkata-700023.}

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Applicant

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l4r, Tapas Kumar Eiswas, s/o of Sri Tanmoy Biswas, at^{-2616, P.K. Roy} Chowdhurey Lane, P,o.-Botanlcal Garden, Howrah, West Bengal-711^{103 also at} South Eastern Railways Headquarters, BNR^{Hospital, Gardenreach, Kolkata-700043.}

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.. Defendant.

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Counsel for the Applicant Bank:

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14r, Amit Gupta, Advocate,

Set ex-parte on

04lLr/2025

]UDGEi'1ENT

The Applicant Bank filed the present O.A. being No. O.A. 219 of 2025 on 2a/0312O25 tot recovery of a total sum of Rs.43,93,575,70l- (Rupees Forty Three Lakhs Ninety Three Thousand Five Hundred Seventy Five and Seventy paise only) from the Defendants towards Term Loan (Housing) together with lnterest, cost and other usual reliefs.

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The Defendants are served wlth summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed For ex-parte hearing on 04lff/2025, and heard ex-parte accordingly.

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The Applicant Bank examlned 13 documents through Mr, Prasanta Kumar Chatterjee, Branch Manager, Central Bank of lndia marked as Exhibit Annexure-A to Exhibat AnnexureA- 12.

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4, Heard the Ld. Counsel for the Appllcant Bank,

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5, The pornt that arises for consideration is :

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Whether the Applicant Eank ls entitled to the claim made tn the OA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendants remained absent and did not turn up to controven the version of the O.A. of Applicant Bank. Ihe Evidence Affidavit coupled with the recitats in the

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documents viz., Exhiblts Annexure-A to Exh{bit Annexure-A-12 marked on behalf of the Applicant Bank, established the clatm of the Appljcant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are iointly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1)o.A, 219 of 2025 fired by the Appricant Bank rs aflowed and debt is determined with cost against the defendants. It ls hereby ordered that Appllcant Bank ts en fled to recover from the defendants the total amount to the tune of Rs.43,g3F7S.7O/- (Rupees Forty Three Lakhs Nlnety Three Thousand Five Hundred Seventy Flve and Seventy patse only) wlth pendente lite and future interest @ 07.35o/o per annum interest with simple on the amount due from the date of firing of the originar Apprication i.e 28,03.2025 tj ful and finar reallzation of the clalm amount.

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(2) Amount, if any, patd by the defendants tn the loan accounts or amount, jf any, recovered by the Applcant Bank after filing of the O.A. the same be taken anto account while arrivjng at the exact amount of dues/debt payabte by the defendants, Accordingly, pendente ltte and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred fi dlsposing' alienatlng or deallng with any of the properties

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betonging to them U the af( ,.esaid decretal debt is recovered from the defendants,

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(4) Defendants are given a Ume of thirty days from the date of the Judgment/Final Order for repaying of the above menui dues' so intimated to them' ln case the defendants fail to

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pay the dues within the abo: dues by sa e or secured ."i:::ffi:iil:ii:::i'i:':::":l ;":,:::ffi ;l;: personal propeGles of the defendants (Both movable ana fmmoraOfel and also proceed a9alnst the defendants personally to recover the dues in accorO"na",rnn O*.

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(5) Let the Certificate of Recovery be drawn up by Ld. Reglstrar forthwtth in terms of Judgment for issuance of the same agatnst defendants tn farou; of;he;;p;,.un, o"n* under section issuance 19 (22)ofthe of the Recovery Cerflflcate.of Debts and Bankruptcy Act, ,rr, "rO put up the same for

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(6)Ld, Recovery Omcer shall realtze the amount as per the Recovery Certiflcate from the defendants ln accordance wlth law.

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(7) Ld, Registrar of this Tribunal il

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orderljudement ror recovery "i,!T:H ::i:ll".lil'ffi";:]'fil.jiT,,:'^fi :T] Eank under Secflon t9(22) of the Recovery ", ,"Oo * ," ,ne Bank and Financtat Institutions Act, 1993 now known as Recovery of OeOts anO Aanf<.uitcy Act, 1993,

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(8)The partles are directed to appear before the Recovery Officet on 1611212025 for further action in accordance with law tn the event the entire amount ts not paid by the said date.

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Accordingly, the Original Appllcation betng O.A. No.219 of 2025 ts allowed and stands disposed of.

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Copy of the JudgmenVFlnal Order be uploaded tn the Trabunal,s websate. File is consigned to the Record Room.

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(Dictated to steno, transcribed by hrm, corrected, signed anc, pronounced by me in the open Court on the l2th dav of November, 2025)

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(KAMAL DE ) PRESIDING OFFICER,

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

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case No. O.A. zrg or zozs
Central Bank of tndta v.Tapas ir,rm-i-tswas
Oate of Order
Order with signature
Order No.0B
Dt.12/17/2025 Order pronounced (vide separate sheets)
In the result, O.A. 219 of 2025 ts allowed with
Issue Recovery Cerflficate accordlngly,
( Kamal DG
Presiding Officer
DRT-3, Kolkata

Central Bank of India v. Tapas Kumar Biswas

Case brief

What is this about?

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Central Bank of India v. Tapas Kumar Biswas

Case brief

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