Allowed

Federal Bank v. Priyanka Saha and Anr.

DRT18 Feb 2026OA/118/2024

Case brief

AI extract

What is this about?

The DRT-Colkta allowed the Federal Bank Ltd.'s recovery petition ex-parte against two defaulting respondents for a secured housing loan, determining the dues amount and directing issuance of a recovery certificate and bar on property disposal.

What did the court decide?

Recovery of Rupees Twenty Three Lakh Eighty One Thousand Two Hundred Forty Four with future interest; bar on disposal of assets; issuance of Recovery Certificate; appearance before Recovery Officer.

Federal Bank versus Priyanka Saha and Anr. — Banking and Recovery | DRT (2026)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-III KOLXATA

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PRESE T:- SRt ARBTND MADHAV

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PRESIDING OFFICER OF DRT-II KOLKATA

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ADDITIONAL CHARGE OF DRT.III KOLKATA

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o.A. I{O. 118 0F 2024

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DATE OF DELTVERY OF ORDER I tal'2l2c26

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The F€deral Bank Ltd., a company within the meaning of Companies Act, 1956 and a bankrng company withrn the meanrng 0f Bankrng R+uration Act, t949 havrng rts registered-. branch office office at at Ba Atuva, ygunge Kerala Branch, and- at carrying t/D, Mandiville "i, U,i.i"".i Caraens, p.Si_ i"t"i "r,u,^inrorgn Carrafrat,^u District- Ld. Tribunal.south 24^patganas, pin,7ood19, w"ri a"ngir, *itr,ii ii"jl.irj.tion or tni,

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Applicant Bank.

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-VersUs-

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Gobinda M/s. Priyanka Saha, Khatick Road, wife Korkata_Toooco of Mr. pra.tip-Sangh, 'arso residing at 14A, i4ahendra Roy '"R;:;,"rajrresrrtara,Lane, loth Shibrampur, Kolkata_700141, west Bengal._a,ia "le!U;;;;

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Mr, Pradlp Singh, son of Harihar Sinoh at Beledanga Road, Maheshtala, Joth shibiampur. Kotkata-700141, *"r, ilil:i]o'"n

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Defendants.

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Counsel for the Applicant Bank: _

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Tutul Das, Advocate, Set ex-parte on 1t/02/2026

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JUDGEMENT

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The Applicant Bank filed the recovery ora totarsum or Rs.^{jj:r'::.o:1.,il:,'.l,":Jlr,,r"'J,1f"ffrj::r,r^."I":"j} two hund.ed and forty four onry) from the oefendants toura, ror.ing Loan together with interest, cost and other usual retiefs.

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The Defendants are served with sumr defendants did not appear, as there was no representation frcm the defendants, ,r'ont 'n" re case was fixed for ex_parte hearing on 11/02/2026, and heard ex-parte accordingry.

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The Applicant Bank examtned 9 docur president & Branch Head marked ",,]fl:i:',""1i"1;liliiilX'^ll]:.;.:::,"" " *

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i Annexure A-1- photostat copy of the varuation Report dated o5th october, 2020.

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,, A-2-^photostat copy of the Loan Apptication rorm aateO 31.t October,

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I;:r*

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ili. Annexure A-3-^photostat copy of the personal Details of Co Applicant. iv. Annexure A-4- Photostat copy of acknowledged sanction letter dated 31.t October, 2020.

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Annexure A-5- Photostat copy of the Federal Housing Loan Agreement dated 31.t October, 2020.

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Annexure A-6- Photostit copy of the Demand promissory Note dated 31., october, 2020.

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vil. Annexure A-7- photostat copy Tifle Deed being Deed No. I-8164 for the year 2O2O and a copy of the Letter for confirmation of Deposit of Tifle Deeds dated o4th December,2020.

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viii. Annexure A-8- photostat copy Notice dated 01* December, 2022 wath postal receipts and Track reports.

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ix. Annexure A-9- Oraginal Statement of Accounts duly signed and certified to be true copy of entry ln the banker,s book by the Senior Manager of the Appticant Bank as required under the Bankers Book of Evldence Act.

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Heard the Ld. Couhsel for the Applicant Bank.

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The polnt that arlses for considerauon is :

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Whether the Applicant Bank is entiued to the claim made in the OA against the Defendants and OA schedule properues as prayed for?

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As stated supra, the Defendants ren

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version or the o.A. or Appricant .""-:;ff:;t":I fllojX :Tr::^# ::".:lHI :i: documents viz., Exhibit Annexure-A_l to Exhtbit Annexure_A_g marked on behalf of the Appllcant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, J hold that the Defendants are jojnfly and severa y liable to pay to the Appltcant Bank the clalms made in the OA wtth future intercst and costs.

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In the resurt, the present originar Apprication is aflowed ex_parte with costs, as under:_

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ORDER

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(1) O.A. No. 118 of 2024 filed by the Appticant Bank is a owed and debt is determjned with cost against the defendants. It is herel ordered that applicant bank is entitled to recover from

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the defendants the totat amount t] o tn" tune of Rs 23'81'244 /- (Rupees twenty three lakh

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etghty one thousand two nrno.", forty four only) with pendentelite and future interest

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oiisinarApprcation @ 7.950/0 per annum interest ,.". r,or,roro"rf,,ollu::iHT::,#::;".:i",*:"."iJll, with " *

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(2) Amount, tf any, paid by the defendi the App cant Bank after n ne ", #: l:: :il:T:i::::.il:,::Jll]; ,Tlllilil ll the exact amount of dues/debt payabte by the defendants. o*"rirr,r, pendentetite and future interest shall be calculated on the reduced amount.

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Q) Defendants are debarrec, from dispostng, atienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is.".or"r"d fr-o, the defendants.

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(4) Defendants arc given a time of thirty days from the date of the Judgement/Fjnal Order for .epaying of the above mentioned dues, so intimated to them. In case the defendants fair to pay the dues withjn the above mentioned time, the applicant bank is entifled to recover jts dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and tmmovable) and atso proceed against the defendants personary to recover the dues in accordance with raw.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for Issuance of the same against defendants in favour of the applicant bank

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the

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same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants ln accordance with law.

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(7) Ld. Reglstrar of this Trlbunal is dtrected to deliver recovery ce.tificate jn term of the final ordey'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 knowh as Recovery of Debts and Bankruptcy Act, 1993.

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(8) The parties are directed to appear before the Recovery Officer on 18/03/2026 for further

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action in accordance with law in the event the entire amount is not paid by the said date,

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Accordingly, the Original Application being O,A. No. 118 of 2024 is aflowed and stands disposed of.

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Copy of the JudgemenVFlnal Order be uptoaded in the Tribuhal,s website. File is consigned to the Record Room.

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ii",:",f :;i,,i.djITf^{:::l:tff :".il:'iEsdsienedand}

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A ' n^\lA"V" _4 ( sir"ffifidM;trFv-i^' JliiS,lf B,ili'"T iI .i#iii IBiffiH

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

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Case No, OA No. 114 of 2024 Federal Bank Ltd.
Saha & Anr,
Order No.10
Order pronounced (vide separate sheets).
ot,la/02t2026
In the result, O.A. No, 118 of 2024 is allowed wtth costs. Issue
Recovery Certiflcate accordingly.
( Arbind Madhav )
Presidang Omcer
DRT-2, Kotkata
Additional Charge of DRT-3, Kotkata

Federal Bank v. Priyanka Saha and Anr.

Case brief

What is this about?

What did the court decide?

Federal Bank v. Priyanka Saha and Anr.

Case brief

What is this about?

What did the court decide?

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