Allowed

Canara Bank v. Ms Sri Krishna Dairy and Ors.

DRT28 Aug 2025OA/465/2023

Case brief

AI extract

What is this about?

This recovery application before the Debt Recovery Tribunal—Kolkata allowed the Claim of the bank, authorizing recovery of Rs. 2.32 crore with interest against the borrower and guarantors who failed to appear, confirming security via hypothecation and mortgage.

What did the court decide?

Recovery Certificate issued for Rs. 2,32,08,627.33 with interest at 11.25% p.a. from 08.10.2023 to be realized from defendants.

Canara Bank versus Ms Sri Krishna Dairy and Ors. — Company and Corporate | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O.A. No.465 of 2023

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DATE OF DELIVERY OF ORDER :28^th August,2025

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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 Sarat Sarani Bally More Branch, having its office at 417, Kapasdanga Sarat Sarani, Police Station - Chinsurah, Hooghly 712103, West Bengal.

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...APPLICANT

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 AND-

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M/S. SRI KRISHNA DAIRY, a proprietorship firm, Village Mirdanga, Saradanagar, Police Station Balagarh, Post Office Guptipara, Hooghly 712512, District - Hooghly, West Bengal

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HARIHAR SINGHA, Proprietor & Guarantor of M/s. Sri Krishna Dairy, son of Nimai Singha, registered office at Village - Mirdanga, Saradanagar, Police Station Balagarh, Post OfficeGuptipara, Hooghly - 712512, DistrictHooghly, West Bengal and residing at Village - Medgachi, Post office - PurbaSatgachia, Police Station Kalna Bardhaman, Pincode - 713405, DistrictBardhaman.

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SIMA SINGHA, Guarantor of M/s. Sri Krishna Dairy, wife of Harihar Singha, residing at residing at Village - Medgachi, Post office PurbaSatgachia, Police Station Kalna Bardhaman, Pincode713405, District - Bardhaman.

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MADHAB SINGHA, Guarantor of M/s. Sri Krishna Dairy, son of Nimai Singha, residing at residing at Village - Medgachi, Post office PurbaSatgachia, olice Station Kalna Bardhaman, Pincode -713405, District - Bardhaman.

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

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Counsel for the Applicant Bank:Sibaprasad Sarkar

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Counsel for the Defendants: None appears.

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Set ex-parte on 07/08/2025

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J U D G M E N T

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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 417, Kapasdanga Sarat Sarani,

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Rina S.

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Police Station - Chinsurah, Hooghly 712103, West Bengalfor recovery of Rs. 2,32,08,627.33/-with interest at the rate of 11.25% p.a. from 08.10.2023 with monthly compounding rests. The Defendants are the borrower/guarantor/mortgager.

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2.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 ‘The Telegraph’ (in English) and in the‘ Jugasankha’(in Bengali) on 04/05/2024. 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 07/08/2025.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Mamta Kiran KarmaliManagerof the Bank annexing the various documents which are exhibited.

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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 :

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O R D E R

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i) Claim of the Applicants is allowed with cost.

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ii) The Defendants are jointly and severally liable to pay Rs. 2,32,08,627.33/- with interest at the rate of 11.25% p.a. from 08.10.2023 with monthly restsagainst the Defendants till payment or realization.

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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 51 to 55.

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iv) Let, a certificate be issued accordingly.

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

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Rina S.

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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 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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vii) The parties are directed to appear before the Recovery Officer I on 28/10/2025 for further 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. 465 of 2023 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of.

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

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File be consigned to the Record Room.

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(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 28^th August,2025)

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Place: Kolkata ( Ambuja Mohan Das ) Date:28^th August,2025 Presiding Officer

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Rina S.

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Page No.-	Order Sheet(continuation)
Case No. O	A465/2023 Canara Bank vs. Sri Krishna Dairy &ors.
Date of the order	Order with signature Office action with date and dated signature of parties when necessary
28^th August,202 5	Ld. Advocate Mr. S.P. Sarkar appeared for theApplicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 07/08/2025 The detailed order in three pages annexed separately. The gist of the order is as follows: 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. 2,32,08,627.33/-with interest at the rate of 11.25% p.a. from 08.10.2023 with monthly rests 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 51 to 55. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. 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 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 I on 28/10/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No. 465 of 2023 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of.
	Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 28^thAugust,2025)

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Rina S.

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Place: Kolkata (Ambuja Mohan Das) Date:28^th August,2025 Presiding Officer

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Rina S.

Canara Bank v. Ms Sri Krishna Dairy and Ors.

Case brief

What is this about?

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Canara Bank v. Ms Sri Krishna Dairy and Ors.

Case brief

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