In an ex parte hearing, the Debts Recovery Tribunal allowed an Original Application filed by the State Bank of India against Shabbaz Alam for recovery of a loan default, determining the debt and ordering the issuance of a Recovery Certificate.
Recovery Certificate to be drawn up for issuance against defendant for Rs. 21,62,220 with future interest.
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.
1
BEFORE THE DEBTS RECOVERY TRIBUT{AL.I!I XOLXATA
PRESENT! -sRt KA.iIAL DE
PRESIDTI{G OFFTCER
O.A. 48A ot 2022
DATE OF DELMRY OF ORDER : tOlO6l2OZs
Statc Bank ot Indla, a Bankjng Instituuon and a body corporate consututed, l:::lp:::"9^:id,l"jmedby and under theprovtsion's "iilr" i1"t. ii""i "r r,'q,o ALL, l:r)) ano carryinq on thelr banklng buslness inter alla amongst others at thetr Enta y Branch. 2a Girish cha;d;; g"E ii;ii,-i"rkji:;,j)oo 0-14, -p.S. ,Entaly, within the lurrsdiction ; thl.-l;.;;;-;;;ffi"J-:* represented by Small & Medium Enterprlses Ctty Credtt C""t.", .ofrnJ rnown as "sr'lLcid , ; ;i;;'eia;, samrtdht Bhavan, rnnex buiraino, ]1I Ftoor, Kotkata-7oo oo1, p.s. Hare srreet and r,"rr"g'ili"i]j"Ii iili".l,ii r, strand Road, Kolkata-7OO OO1.
Appltcant Bank.
-Versus-
lilr, Shabbaz Alatlt, son of Shahbaz I under the name and styte of ,rr. nl'^:T'S:7'"non business as proprletor 5rreet, Kolkata-7oo 014 {ew tmplre Footwear from 55, Ismall
... Defendant.
For the Appllcant(s) : Mr. Anirban pramanick, Ld. Advocate
. Ms. Ahana Rakhtt, la. eavociii--'-
l
For the Defendant(s) : None
Set ex parte on 14/05/2025
JUDGEMENT
1.
The applicant Bank filed the preserapplicant Bank filed the preserBank filed the preserfiled the preserpreser
The applicant Bank filed the preserapplicant Bank filed the preserBank filed the preserfiled the preserpreser tt oo belng o'A' No' 488 of 2022 on 30/08/2022 for recovery of a totar sum o, *". (Rupees Twenty one Lakh slxty Two Thousand rwo Hundr"o r,r"r,, on,"'t''220ltosether with .,"*o, "ool"l ",;:l lfl,Hj;t:""nt towards cash credrt racirity
The defendant is served with summ defendant did not apPear, as there was no representauon t o, tt " a"r"nolol'.The r4/os/202s,-o *." *r"n"'"'.""#,;tl;.tu"" ""tflxed for ex-pafte hear,ns on
The appllcant Bank examined fifteen I documents through Mr' Goutam Kumar Kundu, Manager (Maintenance), marked as ixhlbtt Annexure_1 to Exhibtt Annexure_15.
Heard the Ld. Counsel fo. the applicant Bank.
Whether the appltcant Bank ls enflued defendant and oA sch"o"" ,.r"n,""'jl Il
clalm made ln the oA agalnst the
2
JY
ORDER
Appllcant Bank under Section19(22) of theRecoveryof Debtsdue to the Bankand Flnancial Instltutlons Act, 1993now knownas Recoveryof DebtsandBankruptcy Act, 1993.
Accordingly, the Orlginal Appllcatlon,beingOA. No 488 of 2022, is allowedand stands disposed of.
Copy of the JudgmenVFlnalorder be uploadedin the Tribunal'swebsite'
File is consigned to theRecord Room.
(Oldatcd !o steno, Flnscribad byhlm,aonlctad, slgns,tnd p.onound by rE ln thc ogarl Cou.t on thls th.10!r d.y ot Jun ,2025)
( KAMAL DE ) PRESIDING OFFICER.
Debts Recovery Tribunal-3,Kolkata Order Sheet (Continuation)
| O,A.488 ot20 | 22 | StateBankottndla Vs, ShabbazAlam |
|---|---|---|
| DateofOrder | Orderwlth tl | gnature |
| OrderNo.10 Dt.10/06/2025 mb |
Orderpronounced (vlde separate Intheresult, O.A,488of2022 Recovery Certlflcate accordlngly. |
sheets). lsallowedwlthcosts.lssue |
| r."Jo") PresidingOfficer DRT-3,Kolkata |
2 issues framed by the court
Whether the applicant Bank is entitled to the claim made in the O.A. against the defendant.
Whether the defendant is able to pay the claims made in the O.A. with future interest and costs.
1 provisions across 1 enactments
State Bank of India
Shabbaz Alam
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
