Allowed

Canara Bank v. Ms Jbl Enterprise and Anr.

DRT29 Oct 2025OA/175/2023

Case brief

AI extract

What is this about?

In ex-parte proceedings where defendants failed to appear or file a written statement despite substituted service, the Tribunal allowed an ex-parte application for recovery of dues secured by hypothecation and mortgage against borrowers and guarantors.

What did the court decide?

The defendants are jointly and severally liable to pay Rs.42,29,141.50 plus interest @ 11.25% p.a. with monthly rest from 21.3.2023 till payment or realization; claim is secured by hypothecation of mo

Canara Bank versus Ms Jbl Enterprise and Anr. — Company and Corporate | DRT (2025)

¶1

BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

¶2

PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

¶3

O.A. No. 175 of 2023

¶4

DATE OF DELIVERY OF ORDER : 29^th October,2025

¶5

Canara Bank , a body corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, having its registered office at – 112, Jayachamarajendra Road, Bangalore – 560002, and carrying on business through different branches including Canning Street Branch, having its office at 27, Brabourne Road, Police Station – Hare Street, Kolkata – 700001.

¶6

..............APPLICANT

¶7

 versus –

¶8

M/s. JBL Enterprise, a proprietorship firm, registered office at 10/1/1C, Dr. Ram Manohar Lohia Sarani, Kolkata – 700007, West Bengal, factory at Kadambagachi, Duttapukur, Barasat, Kolkata – 7000125, West Bengal.

¶9

Manish Agarwal, Proprietor & Mortgagor of M/s. JBL Enterprise, son of Tulsiram Agarwal, registerted office at 10/1/1C, Dr. Ram Manohar Lohia Sarani, Kolkata – 700007, West Bengal, and residing at 58, Mahatma Gandhi Road, Diamond City South, Kolkatala – 700041, West Bengal.

¶10

...........DEFENDANTS

¶11

Counsel for the Applicant Bank : Mr. S.P. Sarkar.

¶12

Counsel for the Defendants : None appears.

¶13

Set ex-parte on 10.09.2025

¶14

J U D G M E N T

¶15

The present Recovery Application is filed by the Canara Bank, nationalized Bank carrying on business of Banking all over India including from its Branch Office at 27, Brabourne Road, Police Station – Hare Street, Kolkata – 700001, for recovery of Rs.42,29,141.50p., with interest @ 11.25% p.a. with monthly rest from 21.3.2023 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/ mortgager.

¶16

¶17

Rina S.

¶18

The service of summons could not be effected upon the Defendants in usual mode of postal service. Hence, by the order of this Tribunal, the summons were served by substitute service by publishing in the newspapers in ‘The Telegraph’ (in English) and in the ‘Bartaman’ (in Bengali) and ‘Sanmarg’ (in Hindi) on 13.11.2024 published from Kolkata. Despite substituted service of summons and giving sufficient time, the Defendant neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the matter was declared exparte on 10.9.2025.

¶19

The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Shahbaz Safi, Senior Manager, of the Bank annexing the various documents which are exhibited.

¶20

I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost. In the above circumstances it is ordered :

¶21

O R D E R

¶22

i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs.42,29,141.50p., with interest @ 11.25% p.a. with monthly rest from 21.3.2023 against the Defendants till payment or realization.

¶23

iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule in the OA at page 23.

¶24

iv) Let, a certificate be issued accordingly.

¶25

v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

¶26

vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery

¶27

¶28

Rina S.

¶29

of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

¶30

vii) The parties are directed to appear before the Recovery Officer-II on 01/12/2025 for further action in accordance with law in the event the entire amount is not paid by the said date.

¶31

Accordingly, the Original Application being O.A. No. 175 of 2023 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of.

¶32

Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

¶33

File be consigned to the Record Room.

¶34

(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 29^th October,2025)

¶35

Place : Kolkata ( Ambuja Mohan Das ) Date : 29^th October,2025 Presiding Officer

¶36

¶37

Rina S.

¶38

Page No.-		Order Sheet(continuation)
Case No. O	A 175 of 2023	CANARA BANK -VS- JBL ENTERPRISE & ANR.
Date of the order		Order with signature Office action with date and dated signature of parties when necessary
29^th October, 2025	Ld. Advo None is p Matter w The deta the order is as fo	cate, Mr. S. P. Sarkar, appeared for the Applicant Bank. resent on behalf of the Defendants. as heard in open Court on 10.09.2025. iled order in three pages annexed separately. The gist of llows: O R D E R
	i)	Claim of the Applicants is allowed with cost.
	ii)	The Defendants are jointly and severally liable to pay Rs.42,29,141.50p., with interest @ 11.25% p.a. with monthly rest from 21.3.2023 against the Defendants till payment or realization.
	iii)	It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule in the OA at page 23.
	iv)	Let, a certificate be issued accordingly.
	v) vi)	Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants 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.
	vii)	The parties are directed to appear before the Recovery Officer-II on 01/12/2025 for further action in accordance with law in the event the entire amount is not paid by the said date.
	175 of filed in Tribun	Accordingly, the Original Application being O.A. No. 2023 is allowed and stands disposed of. All the IAs, connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the al’s website. File be consigned to the Record Room.

¶39

¶40

Rina S.

¶41

(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 29^th October,2025)

¶42

Place : Kolkata (Ambuja Mohan Das) Date : 29^th October,2025 Presiding Officer

¶43

¶44

Rina S.

Canara Bank v. Ms Jbl Enterprise and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms Jbl Enterprise and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sadhana Sanitary Fitting versus Punjab National Bank

National Asset Reconstruction Company Limited versus Simplex Infrastructure Limited

Punjab National Bank

Jayesh Dilip Chandnani versus Icici Bank Limited

Canara Bank versus Ms Panghat Tieup Private Limited

Reliable Hides Pvt. Ltd. versus Hdb Financial Services Ltd.