Allowed

Canara Bank v. Kishor Singh

DRT11 Jun 2025OA/266/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex parte application filed by Canara Bank for recovery of housing loan dues from a defaulting borrower who did not appear in court. The decree included interest, costs, and a prohibition on alienating properties.

What did the court decide?

Decree for recovery of total claimed amount with future interest and costs; prohibition on alienation of assets; direction to issue recovery certificate.

Canara Bank versus Kishor Singh — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS^{RECOVERY TRIBUNAL-III KOLKATA} PRESENT: -SRI^KAMALDE.

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PRESIDING OFFICER.

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O.A' No. 265^{OF 2024'}

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DATE OF DELIVERY^{OF ORDER.III(J612025}

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canara Bank is a^{bodyCorporate constitutedunder the BankingCompanles} (oaqu,r't,on and Transfer^{of Undertakings)Act, 1980, having its HeadOfficeat 112'} j.C, noaa, Bangalore-560002, and carrying on business inter alia' at Canara^Bank' HabraBrancht',tewAshirbadBuilding,Joygachhi,JessoreRoad'North24Parganas743263, within^{thejurisdictionof this Ld. Tribunal'}

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Applicant Bank.

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-Versus_

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Mr. Kishor Singh,^{Sonof BaleswarSingh,residingat 19/1A'Dr'JagabandhuLane'} Bowbazar, Kolkata-700012

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.. Defendant.

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Counsel for the^{ApplicantBank: -}

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" Rinku Pachhal'^Advocate

Set ex-Parte^on

211O512025

JU DG E14E^NT

The Applicant Bank^{filed the presentOA being No O A126612024on 0910412024 fot} recovery of a total sum^{of Rs. 23,98,563/_(Rupeestwenty three lakh ninety eightthousand} five hundred and sixty^{three only) from the Defendantstowards HousingLoan together with} interest, cost and^{otherusualreliefs.}

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2.TheDefendantsareservedwithsummons.Thedefendantsd.dnotappear,astherewasno representation^{from the defendants,the case wasfixedfor ex_parte hearinqon 21/05/2025'} and heard ex_Parte^accordlnglY

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3 The Applicant Bank examined^{6 documents through Sri PhalgunlGhosh' SeniorManager} marked as Exhibit^{Annexure_A1to Exhibit AnnexureA6}

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Heard the Ld. Counsel^{for the ApplicantBank}

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The^potnt that arlses^{forconsiderationis :}

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whether the Appricant Bank is entiued to the craim made in the oA against the Defendants and OA schedule propertjes as prayed for?

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As stated supra, the Oefendants remained absent and did not turn up to controvert the version of the o.A. of Appricant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure_A1 to Exhibit Annexure_A6 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the DeFendants and OA schedule properties. Hence, I hold that the Defendants are joindy and severa y liable to pay to the Applicant Bank the claims made in the OA wath future anterest and costs.

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

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ORDER

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(1) O.A. No. 266 ot 2024 fited b the Applicant Eank is allowed and debt is determined with cost

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agarnst the defendants. It .ry hereby ordered that applicant bank is entitled to recover from

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-I ;:,;:;: the defendants^j:ffil the totar an J:ifiI"1,|"JJ 1, J T ^'i'::fi'J;l lmm';j::: *'tn simple on the amount dur

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the origanal Application,.", ,nt"t"tt ts/o4/2024 ti,r,, ""0 i"",,""u.",ff"i:[ti: fir"J,::* "

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(2) Amount, if any, paid by the ( in the loan accounts or amr

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the Applicant aun* ir anv' recovered bv "n".^{,,,,n'l"l1ants} tn" o a' tle su.ne i tu;-";,;:"'"t

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the exact amount o, ,r".zol"lt t"t whire arrivinq at .- ^."urdingty, pendentetjte and

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r,ture interest sha, 0" .u,.,,.10-t-ou'::'" " ""^;;;:";::: rted on the reduced ar";;;

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(3) Defendants are debarred fror alienatrng or dealing wrth any of the properties

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betonging to them ,r, ,nu "ro.l-1T1ot'n9' rsaid decretal debt rs recovered from the defendants_

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(4) Defendants are given a time ( repaying of the uorr" ,"na,o.ll-tnl*y days from the date of the Judgement/Fjnar order for pay the dues wittrin ttre auove I-1ues, so intimated to them. In case the defendants fair to time' the appl'cant bank i

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dues by sare "t ,".*"0 "r.",-t"ltioned

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personar properties or,n" o"r]--'j-"1'' .o*",,^o"r,r""off ;:":::*:::l;:: (Both movable anc' rmmova arso proceed

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agarnst the defendano ,"..on".lnl"ntt ,y to recover the due. ,n u..o.oun."'*llun)rond

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(5) Let the Certificate of Recover Judgement drawn up by Ld. Registrar forthwith in terms of

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".^,."r ",^,n"'y--be against defendants in favour

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under section ,, ,rr, "r,n" "t"te same ror issuance or tr," c".tiri#"T or "" ; t;;;;";;;: "i"f "Tfl:J:rtil:

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(6) Ld. Recovery Officer sha reatize defendants in accord;;ffi;: the amount as per the Recovery certificate from the

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/Judgement for recovery of the sum against the defendant in favour of the Appticant 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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(B)The parties are drrected to appear before the Recovery Officet on t7/07/2025 for further actron in accordance with law in the event the entire amount is not paid by the satd date.

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Accordingry, the originar Apprrcation being o.A. No. 266 0f 2024 rs alowed and stands disposed of.

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Copy of the ludgement/Frnal Order be uptoaded in the Tribunat,s website File is conslgned to the Record Room.

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(Dictated tosteno, transcnbed by her, corrected, sgned and pronounced by me rn the open Cou( on the llrF dai of lune, 2025)

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( KAI{AL DE ) PRESIDING OFFICER,

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

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Case No. OA No. 266 of 2024 Canara Bank
Kishor Singh
Date of Order Order with signature
t - _-1
Order No.10
Dt.rt/o6t2025 Order pronounced (vide separate sheets).
In the resutt, O.A. No. 266 of 2024 is attowed with costs. Issue
Recovery Certificate accord jnqly.
( Kamat De )
Presidjng Officer
DRT 3, Kolkata
ss
L

Canara Bank v. Kishor Singh

Case brief

What is this about?

What did the court decide?

Canara Bank v. Kishor Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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