Debts Recovery Tribunal allowed an ex-parte original application filed by State Bank of India for recovery of a home loan debt totaling Rs. 53,30,345.00 plus interest against non-defendant husband and wife.
O.A. allowed ex-parte with costs; debt determined; recovery certificate to be issued; future interest at 18% p.a. from date of O.A.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE fHE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESENTT -SRt KAMAL DE.
PRESTDING OFFICER.
O.A. No. 347 of 2024.
DATE OF OELMRY OF ORDER! 24lotl2025
State Bank of India, a bahking institution and a body corporate constituted, incorporated and formed by and under the provisions of the State Bank of India Act, 1955 and carrying on thear banking business inter alia amongst others at their RACPC Kolkata Branch, Avani Heaghts, cround Floor, 59A, Chowringhee Road, Kolkata-700 020, P.S.-Bhowanipore and at Stressed Assets Recovery Branch, beinq Recovery Branch commonly known as', SARB,,,,Jeevan Deep Building,, 1, Middleton Street, 11th Floor, Kolkiata-7OO 071. phone No. 033 40015171/40060065/40647100, e-mail: sbi,[email protected],in within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
-Versus-
_t
... Defendants.
Counsel for the Applicant Bank:
Mr. Anirbanpramanack, Advocate.
Set ex-palte on 10/01/2025
]UOGEMENT
The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 10/01/202s, and heard ex-parte accordingly.
Heard the Ld. Counsel for the Appltcant Bank.
ORDER
J
Bank under Section 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.
Accordingry, the originar Apprication being 0.A. No. 347 0f 2024 rs aflowed and stands disposed of.
Copy of the JudgemenvFtnat O.de. be uploaded in the Tribunal,s website. File ls consigned to the Record Room.
(Oictated to steno, transcribec, by hrm, corrected, siqned and pronounced-b^y_me rn the open Court on thg 2; '" O1V - " '" or January. 2025).
'a. ( KAMAL DE ] PRESIDING OFFILER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
Cas. No. O.A./342 /*24
Order with signature
Order No.06
pt.24 / 01/ 202s Order pronounced (vide separate sheets).
In the result, O.A. No. 347
is allowed wjth
costs. rssue Recovery certificate a ,r.io!,,^1ll.o
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
Case No, O,A./347 /2024
State Bank of Inaia
haJnitra Karmakar & Anr.
Order with signature
Order No.05
Present:.
Dt.10/o1/2025
For Applicant : Ld. Counsel Mr. A. pramanick.
For Defendants : None
The Registry has issued notice to the Defendants in
terms of order passed by this Tribunat. Defendants have not
turned up despite the fact that the notices have been served
upon the Defendants. Applicant prayed for hearing of the case
ex-parte. The matter is pending since 2024. Hence right
available to the Defendants for filing of W,S. and counter
evidence is to be closed. It is closed, The OA proceeds ex_
pdrte. Heard the Ld Counsel for the AppJicant. Reserved for
order
Applicant may file written notes of argument.
fo 24/01/2025 for order_
( Kamal De )
Presrdtng Offrcer
DRT-3, Kotkata
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the O.A. against the Defendants and O.A. schedule properties?
1 provisions across 1 enactments
State Bank of India
Ms. Sanghamitra Karmakar
Sri Biswajit Karmakar
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
