Allowed

Bank of India v. Siddharta Batabyal and Anr.

DRT30 Oct 2025OA/78/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal upheld an ex-parte application by Bank of hdii. for recovery of a housing loan debt. The court declared the debt determined, directed issuance of a recovery certificate, and debarred defendants from alienating properties while granting 15 days for repayment before proceeding against personal assets.

What did the court decide?

Recovery of debt of Rs. 34,34,177.89 with interest and costs; issuance of Recovery Certificate; debarment from alienating properties; 15-day payment period granted.

Bank of India versus Siddharta Batabyal and Anr. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-tIT KOLKATA PRESENT: -SRI KAHAT DE.

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PRESIDING OFFICER.

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O.A. t{o. 78 OF 2025,

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DATE oF DELMRY oF ORDER | 30/rO/2O2s

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Bank of hdi., a body corporate constituted under the Banking Companjes (Acquisation and Transfer of Undertakings) Act, 1970 and having its ri-eal Ofnce at "Star House", C-5, Btockrc,, Bandra Kurla Comptex, Bandra (Easi), t4u;baj_4ooos1 and carrying on busaness amongst other places jnteralia ui nu.i g"iu.t lr"nr. Branch, 161/3, Rash Beharj Avenue, Kolkata_700019, under police Station_ Gariahat, within the jurisdiction of this Ld. Tribunat.

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Applacaht Bank.

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-Versus-

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Sri Saddharta Batabyal. son of Sri Ramanuj -Batabyal,^{(pAN: AMIPBSO5aR), residing}

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at 46, Roy Road, Mastarda Barisha, p.S. sarani, Thakurpukur, rtatgacha, xotrata_iooo Kolkata-7OOO08.zi'ina'"i." "i JiZiiit"rt"" ,on""

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Mr. Sambaran Hazra, Son of Late Dhananjoy Hazra, residing at Indigo Core I, Ftat No. 201, Kamal Residency, Sonapur Station Road, Kotkata_70-0103.^{- .-} --

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Defendants.

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Counsel for the Applicant Bank:

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Aritra Kumar Roy, Advocate.

Set ex-parte on

18109/202s

JUDGEMENT

1, The Appticant Bank fited the present O.A. being No, O.A./7g/2Ozs on 29/71/2024 for recovery of a totar sum of rt.. 34;4,L7r.ag/- (Rupees thirty four lakh thirty four thousand one hundred seventy one and paisa elghty nine only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs.

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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 lB/Og/2025, and heard ex-parte accordingly.

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The Applicant Bank examined 15 documents through Sri Arupananc,a Maiti, Senior Branch Manager marked as Exhibit Annexure_A to Exhibit Annexure_E.

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Heard the Ld. Counset for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applicant Bank is entiued to the claim made in 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 controvert the version of the O.A, of Appllcant Bank. The Evidence Amdavit coupled with the recitals in the documents viz., Exhibit Annexure_A to Exhibit Annexure_E marked on behalf of the Applacant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are Joinfly and severa y liable to pay to the Applicant Bank the claims made in the OA wath future interest and costs,

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In the resurt, the present originar AppIcaflon is alowed ex-parte with costs, as under:-

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ORDER

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(1) O.A. No. 7A of 2O2S filed by the Appticant Bank is a owed and debt is determined with cost against the defendants. It is hereby ordered that appricant bank is entired to recover from the defendants the total amo( the tune or Rs 34'34'177 8s/- (Rupees thirtv rour rakh

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J ,n,nr r",, ";;;;;;: il"j " anf eaisa eightv nine onlv) with pendentelite

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and ruture rnterest @ ,. ,J1t^:"-:"11:nf date or r ne or the ore na, ;#:#T"::fi:;:.Ti[::in:]".:::].iJT,T: claim amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A. the same be taken into a future the exact amount interest shall or aues/aeut be calculated on payabte the reduced by the amount,defendants. ^.""rj;ilt;::;r#]:"7

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(3) Defendants are debarred from disposing' alienating or dealing with any of the properties

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belonging to them tir the afo.e! iaid decretal debt as recovered from the defendants.

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(4) Defendants are given a time of days from the date of the JudgemenvFinal order for

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repaying of the uoou. ,"n,,onui 14 )d dues' so intimated to them ln case the defendants fail to

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pay the dues within the above dues by sa e or secured "",",,:;:;:t^j';:ji::::':::::"I;":":: :1".:":ru::;:: personal properties of the defendants (Both movable und ,rnrnor"On, and also proceed against the defendants personally to recover the dues in accordance wtth law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgemeht for issuance of the tn"'ntt defendants in favour of the applicant bank under section 19 (22) ofthe ^",""-t o' Debts and Bankruptcy Act, 1993 and put up the same for issuance of ,n" a"r,,r,#"'

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(6) Ld, Recovery Offlcer shall realtze the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld. Registrar of this Tribunal is dlrected to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant 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.

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(8)The parties are dtrected to appear before the Recovery Offlcer on O2/L2/2025 for further action ln accordance wlth law ln the event the entire amount is not paid by the said date.

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Accordingry, the orlginar Application being o.A. No, 7g of 2025 is alowed and stands disposed of.

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Copy of the JudgemenvFinat Order be uptoaded in the Tribunal! website. File ls conslgned to the Record Room.

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(Dictated tosteno. transcribed by her, corrected. signed and pronounced by me tn the open Court on the 3orr dat of October, 2025)

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( KAMAL DE ) PRESIDING OFFICER.

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

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case t{o. oA l{o. ie oi 2025
Order No.08
Dt.30/10/2025 Order pronounced (vide separate sheets).
In the result, O.A. No. 78 of 2025 is a owed with costs. Issue
Recovery Certificate accordingly.

Bank of India v. Siddharta Batabyal and Anr.

Case brief

What is this about?

What did the court decide?

Bank of India v. Siddharta Batabyal and Anr.

Case brief

What is this about?

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