Debts Recovery Tribunal allowed an original application filed by Canara Bank for ex-parte recovery of a home loan and overdraft limit. The court determined the debt and granted a recovery certificate against the defendant.
Recovery of Rs. 41,68,723.33 with pendent lite and future interest; issuance of recovery certificate; 30 days time given for payment.
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.
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BEFORE THE DEBTS RECOVERY TRIBUNAL.IIT KOLKATA PRESENT: -SRI KAMAL DE.
PRESIDING OFFICER.
O.A. No. 12 OF 2025.
DATE OF DELMRY OF ORDER | 2al04/2025
Canara Bank is a body Corporate constituted under the Banking Compantes (Acquisition and Transfer of Undertakings) Act, j.970, having its Head Office at 112, J.C. Road, Eangalore'560002, and carrying on its banking business from Retail Asset Hub, ladavpur Branch situated at 203, Sarat Bose Road, Kotkata 7OOO29, under Police Station- Jadavpur, within the jurisdiction of this Ld. Tribunat.
Applicant 8ank.
-Versus-
Defendant.
Counsel for the Applicant Bank; -
Anindita Das, Advocate, Set ex-parte on 21/04/2O2s
JUDGEMENT
The Appticant Bank filed the present O,A. being No, O.A,/L2/2O25 on 24/12/2024 tot recovery of a total sum of Rs. 41,68,723.33,/- (Rupees forty one lakh sixty eight thousand seven hundred twenty three and paisa thirty three only) from the Defendants towards Home Loan and OCC Limit together with interest, cost and other usual reliefs.
Heard the Ld. Counset for the Applicant Bank.
.f J
The point that arises for consideration is :
Whether the Appllcant Bank is enUtled to the claim made in the OA against the Defendants and OA schedule propertles as prayed for?
As stated supra, the Defendants remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupted with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-X marked on behalf of the Applicant Bank, estabtished the claim of the Applicant Bank against the Defendants and OA schedule p.operties. Hence, t hold that the Defendants are joinuy and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.
ln the result, the present Oraginal Application is allowed ex-parte with costs, as under:_
ORDER
Accordingly, the Original Application being O.A. No. 12 of 2025 is allowed and stands disposed of.
Copy of the ludgement/Final Order be uploaded rn the Tribunat,s website, File is consigned to the Record Room.
(Drctated to steno, transcribed by her, corrected, srcned and pronouncec, by me'n the open Court on the 28r. dai of April, 2025)
( KAMAL DE ) PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
| CaseNo,OAN | o,l2of2025 Canara Bank KuntalaSen |
|---|---|
| DateofOrder | Orderwithsignature |
| OrderNo.05 Dt.2at04 /2025 |
Orderpronounced(vide separate sheets), |
| lntheresult, O.A. No.12of2025 isallowedwithcosts.Issue RecoveryCertiflcate accordingly. |
|
| ss | (KamalDe) PresidingOfficer DRT-3,Kolkata |
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?
1 provisions across 1 enactments
Canara Bank
KAMAL DE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
