Debts Recovery Tribunal allowed an ex-parte order for the recovery of Rs. 1.66 crore plus interest and costs against defaulting defendants arising out of cash credit and term loans. A recovery certificate was directed to be issued.
Recovery of Rs. 1,66,91,597.53 with interest at 10.2% p.a. and costs; bar on alienation of lands; direction to recovery officer.
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 THE DEBTS RECOVERY TRTBUNAL-tII KOLKATA PRESENT:.SRI KAMAL DE.
PRESIDING OFFICER,
O.A. No.47A OF 2024,
DATE OF DELMRY OF ORDER I rO/06/2025
Indian Bank is a body corporate constituted under the Banking Compantes (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Offrce at 66, Rajaja Salai, Chennai-600001and Corporate Office at 254-260, Avvai Shanmugam Salai, Royapettah, Chennai-600014 and branches inter alaa at Indian tsank Tollygunge Branch (Erstwhite Altahabad Bank), 93, Deshpran Sasmat Road, polrce Station: Charu Market, Asha Apartment, Kolkata-700033, within the lurisdaction of this Ld. Tribunal.
Applicant Bank.
l
DeFendants.
Counse for the Applicant Bank: ,
Samapti Roy, Advocate Set ex-parte on 19/05/202s
JUDGEIYENT
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Heard the Ld. Counsel for the Applicant Bank.
Whether the Applicant Bank is entitled to the ctaim made in the OA against the Defendants and OA schedule properties as prayed for?
f.
As stated supra, the Defendants remalned absent and did not turn up to controvert the version of the o.A. of Appricant Bank. The Evidence Affidavit coupred with the recitars in the documents vaz., Exhabtts Annexure-A/1 to Exhibit Annexure-A/43 marked on behatf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule propenies. Hence, I hold that the Defendants are jointly and severalty liabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.
ln the resurt, the present originar Apprication is arowed ex-parte with costs, as under:_
ORDER
personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.
Accordangly, the Original Applacation beang O.A. No. 478 of 2024 is allowed and stands disposed of.
Copy of the Judgement/Final Order be uploaded in theTribunal's website.
File is consigned to the Record Room.
(Drctaied to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the lorh day of lune, 2025)
( KAMAL DE ) PRESIDING OFFICER,
Debts Recovery Tribunal_3, Kolkata Order Sheet (Continuation)
Case No. OA no. iZe of ZO2a
Indian Bani
s. Lederkem fn
Date of Oratei
Order with signature
Order No,07
ot.10/06t2025 Order pronounced (vide separate sheets).
In the result, o.A. No. 47g of 2024 is a owed with costs. Issue
Recovery Certtfjcate accordtngly.
( Kamat De )
Presiding Officer
DRT-3, Kotkata
1 issue framed by the court
Whether the Banking is entitled to recover the claimed debt and interest from the Defendants?
1 provisions across 1 enactments
Indian Bank
M/s. Lederkem Inc
Sandeep Sanyal
Soma Sanyal
M/s. Satin Touch Comforts
Sanjukta Banerjee
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
