Disposed

State Bank of India v. M/S Sri Pca Infrastructure and Others

DRT25 Jun 2026OA/81/2026

Case brief

AI extract

What is this about?

Order in OA/81/2026 before DRT, Siliguri. Tribunal issued summons to defendant to show cause and disclosed assets, granted interim injunction against alienation of secured properties, and directed filing of written statement under Section 19(5) RDB Act 1993.

What did the court decide?

Interim injunction granted restraining disposal of secured assets. Defendant to show cause and disclose assets; to file written statement.

State Bank of India versus M/S Sri Pca Infrastructure and Others — Banking and Recovery | DRT (2026)

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ORDER SHEET DEBTS RECOVERY TRIBUNAL, SILIGURI

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OA/81/2026

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State Bank c' India Applicant Vs Sri Prakash Ch. Agarwal Defendants

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Dateof Order	Orderwith Signature	Officeaction withdateand dated signatureof partieswhen
		necessary.
ItemNo.01	OrderNo.02

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25.06.2026

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Present:

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Counsel for the applicant : Mr. Sagnik Bhowmick, virtual mode.

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Hearing is made in hybrid mode.

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Instant OA case was filed by the applicant bank for recovery of Rs. 2,33,55,090/- along with interest calculated up to 29.04.2026 and the entire dues amount is unsecured. Limitation has been counted from 21.06.2022 when the letter of arrangement was executed by the defendant and thus admitted for the hearing.

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1 Issue Summons/Notice to the Defendant by Speed post as well as by Dasti returnable in four weeks. The Applicant is directed to file proof of service on next date of hearing. Summons/Notice will have to be accompanied by copy of the O.A. with Annexure.

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2 Injunction is allowed.

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Defendant is directed:

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i) To show cause within thirty days of the service of summons/notice as to why relief prayed for, in the O.A should not be granted;

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i) To disclose particulars of properties or assets other than the properties and assets mentioned by the Applicant in para-3-A of the Original Application;

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In the meantime:

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The Defendant is restrained from dealing .th or disposing of secured mortgaged assets or such other assets and properties disclosed in Para 3-A of the OA, and also not to alienate, dispose or transfer the said property to third party, pending hearing and disposal of the application for attachment of properties.

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ii) The Defendant shall not transfer by way of sale, lease or otherwise, except in the ordinary course of his business any of the assets over which security interest is created and/or other assets and properties specified or disclosed in Para 3-A of the Original Application without the prior approval of the Tribunal: iii) The Defendant shall be liable to account for the sale proceeds realized by sale of secured assets or other assets and properties in the ordinary course of business and deposit such sale proceeds in the account maintained with the Bank/F.I holding security interest over such assets.

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The Defendant is at liberty to file the written statement within 4(four) weeks as prescribed under section 19(5) of RDB Act 1993.

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Copy of this order be given to the Applicant Bank to serve the same on the Defendant along with Summons/Notice and a copy of the OA along with Annexure(s).

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List this matter before the Registry on 28.07.2026 for service of summons as well as completion of pleadings.

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(RAKESH PATI TIWARI) Presiding Officer DRT-Siliguri

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Form No. 3 [See Regulation-13 (1)(a)]

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GOV ERY DEBTS RECOERY' RIBUNAL SILIGURI
2nd Floor PCM Tower, Sevoke Road,Siliguri-734 001 (West Bengal). Floor PCM Tower, Sevoke Road,Siliguri-734 001 (West Bengal). PCM Tower, Sevoke Road,Siliguri-734 001 (West Bengal). Tower, Sevoke Road,Siliguri-734 001 (West Bengal). Sevoke Road,Siliguri-734 001 (West Bengal). Road,Siliguri-734 001 (West Bengal). 001 (West Bengal). (West Bengal). Bengal).
BTS
Case No.: 0A/81/2026
DRT
SILIGUR
Summons under sub-section (4) of section 19 of the Act, read with
sub-rule (2A) of rule 5 of the Debt Recovery Tribunal (Procedure)
Rules, 1993.

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2nd Floor PCM Tower, Sevoke Road,Siliguri-734 001 (West Bengal). Floor PCM Tower, Sevoke Road,Siliguri-734 001 (West Bengal). PCM Tower, Sevoke Road,Siliguri-734 001 (West Bengal). Tower, Sevoke Road,Siliguri-734 001 (West Bengal). Sevoke Road,Siliguri-734 001 (West Bengal). Road,Siliguri-734 001 (West Bengal). 001 (West Bengal). (West Bengal). Bengal).

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Exh. No.: 6563

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STATE BANK OF INDIA VS

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SRI PRAKASH C) AND AGARWAL

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To. (1)M/S.SRI PCA INFRASTRUCTURE (PARTNERSHIP FIRM REPRESENTED BY2 & 3

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H/187/148, SEVOKE ROAD, GATEWAY HOTEL, PO.O& P.S.SILIGURI, DIST.DARJEELING WEST BNGAL-73400

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(2) SRI.PRAKASH CHAND AGARWAL (BORROWER/PARTNER/GUARANTOR) S/O BHANWAR LAL AGARWAL, MAHANANDAPARA NABIN SEN ROAD, P.O & P.S. SILIGURI DIST.DARJEELING WEST BENGAL -73400 1 ALSO AT- C/O MANORAMA APARTMENT, JAGDISH CHANDRA BOSE ROAD, SHANTINAGAR HAKIMPARA WARD NO.I 5, SMC AREA,SILIGURI DARJEELING WEST BENGAL-734001

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(3)SMT.PUNITA AGARWAL

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(BORROWER/PARTNER/GUARANTOR) W/O SRI PRAKASH CHAND AGARWAL MAHANANDAPARA NABIN SEN ROAD, P.O & P.S. SILIGURI DIST.DARJEELING WEST BENG/ L -734001

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ALSO ATC/O MANORAMA APARTMENT, JAGDISH CHANDRA BOSE ROAD, SHANTINAGAR HAKIMPARA WARD NO.I5, SMC AREA,SIL.IGURI DARJEELING WEST BENGAL-734001

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SUMMONS

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WHEREAS, OA/81/2026 was listed before Hon'ble Presiding Officer/ Registrar on 25/06/2026.

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Roqislrar /lre?

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WHEREAS this Hon'ble Tribunal is pleased to issue summons/ notice on the said Application under section 19(4) of the Act, (0A) filed against you for recovery of debts of Rs. 23355090/- (application along with copies of documents etc. anncxed).

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In accordance with sub-section (4) of section 19 of the Act. you, the defendants are directed as under:

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() to show cause within thirty days of the service of summons as to why relief prayed for should not be granted;

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(ii) to disclose particulars of properties or assets other than properties and assets specified by the applicant under serial number 3A of the original application:

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(ii) you are restrained from dealing ith or disposing of secured assets or such other assets and properties disclosed under serial number 3A of the original application, pending hearing and disposal of the application for attachment of properties;

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(iv) you shall not transfer by way of sale, lease or otherwise, except in the ordinary course of his business any of the assets over which security interest is created and/ or other assets and properties specified or disclosed under serial number 3A of the original application without the prior approval of the Tribunal;

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(v) you shall be liable to account fo the sale proceeds realised by sale of secured assets or other assets and properties in the ordinary course of business and deposit such sale proceeds in the account maintained with the bank or financial institutions holding security interest over such assets.

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You are also directed to file the written statement with a copy thereof furnished to the applicant and to appear before Ld.Registrar on 28/07/2026 at 10:30A.M. failing which the application shall be heard and decided in your absence.

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For Paper Book follow the following Url: https://cis.drt.gov.in/drtlive/paperbook.php?ri-2026483230630

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Given under my hand and the seal of this Tribunal on this date:30/06/2026.

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Signature of the Officer Authorised to issue summons. Registiatr Noțe :Strike^{out whichever isnot applicable.} Dobls^{Rocovary Yibunal / st.sxNcN} Sliguci / Rretbgt

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DRT&IL.

State Bank of India v. M/S Sri Pca Infrastructure and Others

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S Sri Pca Infrastructure and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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