Allowed

Bank of India v. Nurjahan Haque and Ors.

DRT29 Oct 2025OA/642/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an ex-parte original application filed by Bank of India for recovery of a debt of approximately Rs. 1.09 crore from the defendants, determining the debt and ordering the issue of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 1,09,23,750.39/- with interest; issuance of Recovery Certificate under Section 19(22) RDBFIA; bar on transfer of assets.

Bank of India versus Nurjahan Haque and Ors. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY YRIBUT{AL.III KOLKATA PRESENT! -SRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. 642 ot 2022

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DATE OF DELIVERY OF ORDER! 291tOl2OzS

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Bank of Indla, a company incorporated under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 and having its registered office at Star House, C-5, G-Block, Bandra Kurla Complex, Bandra(East), Mumbai-4ooo51 and its branch office at lodhpur^park Branch, l/424, Gariahat Road (South), Kolkata_ 700068, West Bengal, wtthin the jurisdiction as aforesaid.

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... Applicant.

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-Versus-

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Nurjahan Haque, of 1SB, Modern park, Kotkata- 7OOo75( pAN: ABlpti99356p),

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3^jl-d1d^11.^r],.-li!l {llil-R*indra^{pally, Kotkata_7ooo86and residins at 1s8,} mooern^parx, Kotkata-700075, Dr. Sundari Mohan Avenue, Kolkata_7OOO1i and also factory at 614,^purbachat Road, p.o. Kasba, xott<uta-zoooiaieeiii anupiig:r.

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Sk. Rafiqudding Ahmed, son of Serafuddin Ahmed, E-28, Sammitani park, Kotkata_ 70007 s.

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... Defendants.

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)

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Counsel for the Applicant Bank: -

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Mr. Aritra Kumar Roy, Advocate,

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Set ex-parte on t8/09/202s

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JUOGEMENT

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The Appllcant Bank fited the present O.A. being No. O.A. 642 of 2022 on 02/12/2022 tot recovery of a totar sum of Rs.1,o9 ,23,7s0.3g/- (Rupees one crore Nrne Lakh rwenty Three Thousand Seven Hundred Flfty and Thtrty Nine palse only) from the Defendants towards Credlt Fac lues together wtth hterest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants dld not appear, as there was no representauon from the defendants, the case was fixed for ex_parte hearlng on fg/Og/2025, and heard ex-parte accordingly.

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The Appltcant Bank examtned 35 documents through Sufal Hatder, Chief Manager, Bank of Indla marked as Exhtblt Annexure-A to Exhtbit Annexure-J

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Heard the Ld, Counsel for the Appllcant Bank.

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The point that a.ises for consideration is :

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Whether the Appltcant Bank ls entiued to the clajm made in the OA against the Defendants and OA schedule properties as prayed for?

As stated supra, the Oefendants remalned absent and did not turn up to controvert the version of the O,A, of Appllcant Bank. The Evldence Affidavit coupled with the recitalsⁱⁿ the documents viz., Exhibits Annexure-A to Exhibit Annexure- J marked on behalf of the Applicant Bank, establlshed the claim of the Applicant Eank against the^{Defendantsand} OA schedule properties. Hence, I hold that the Defendants are^jolntly and severally^{liable to} pay to the Appllcant Bank the clalms made ln the OA wlth future lnterest and costs.

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In the result, the^present Origlnal Appllcatlon is allowed ex-parte^with costs, as under:-

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ORDER

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(1) O.A. 642 of 2022 filed by the Appllcant Bank is allowed and debt is determined with cost against the defendants. lt ls hereby ordered that Appllcant Bank is entitled to recover^from the defendants the total amount to the tune of Rs.1,09,23,750.39/-^(Rupees One Crore^Nine Lakh Twenty Three Thousand Seven Hundred Fifty and Thirty Nine Paise only) with pendente lite and future interest @ 15olo per annum anterest with simple on the amount due from the date of filing of the Original Application i,e 02,12,2022 till full and final realization of the claim amount.

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(2) Amount, lf any, pald by the defendants in the loan accounts or amount, if any, recovered by ttre Applicant Bank after filing of the O.A. the same be taken lnto account while arriving at the exad amount of dues/debt payable by the defendants, Accordingly, pendente lite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the ludgment/Final Order for repaylng of the above mentloned dues. so intimated to them. In case the defendants fail to pay the dues wlthin the above mentioned time, the applicant bank is enti ed to recover 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 tmmovable) and also proceed agalnst the defendants personally to recover the dues ln accordance with law.

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(5) Let the Certiflcate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same agalnst defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for lssuance of the Certlflcate.

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(6)Ld. Recovery Officer shall reallze the amount as per the Recovery Certificate from the defendants in accordance wlth law.

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(7)Ld. Registrar of this Tribunal ls directed to deliver recovery certificate in term of the finat order/judgment for recovery of the sum against the defendants in favour of the Applicant

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Bank under Sectlon 19(22) of the Recovery of Debts due to the Bank and Financial Instltutlons Ac-t, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are dlrected to appear before the Recovery Otflcer on 09/12/2025 for further actlon ln accordance wlth law ln the event the entire amount ls not paid by the said date.

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Accordlngly, the Orlglnal Appllcatlon belng O.A. No.642 of 2022 is allowed and stands dispos€d of.

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Copy of the JudgmenvFlnal Order be uploaded in the Trlbunal,s webstte, FIle ls consigned to the Record Room.

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(Oictated to steno, transcribed by him, corrected, signed and pronounced by me in the open court on the 29th day of october, 2025)

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( KAMAL DE ) PRESIDING OFFICER.

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Debts Recovery Tribuna!-3, Kolkata Order Sheet (Continuation)

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case No. O.A, 642 oi2o22
Bank ot India vs. Nurrahan Haque & Ors.
Order No,10
Dt.29t10t2025 Order pronounced (vide separate sheets)
In the result, O.A. 642 of 2022 is allowed with
lssue Recovery Certificate accordtngly,
t Kamal De )
presiding Officer
DRT-3, Kotkata

Bank of India v. Nurjahan Haque and Ors.

Case brief

What is this about?

What did the court decide?

Bank of India v. Nurjahan Haque and Ors.

Case brief

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What did the court decide?

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