Allowed

Canara Bank v. Rabindra Nath Sarkar and Anr.

DRT21 Mar 2025OA/557/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte original application filed by Canara Bank for recovery of a loan of approximately Rs. 20.36 lakh from respondent Defendants along with future interest and costs, issuing a recovery certificate under RDB Act.

What did the court decide?

Recovery of loan amount Rs. 20,36,849.87/- with future interest @ 8.75% per annum, issuance of recovery certificate under Section 19(22) RDB Act, and stay on bets.

Canara Bank versus Rabindra Nath Sarkar and Anr. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA PRESENT: -SRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 557 OF 2024.

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oATE OF DELMRY OF ORDER | 2ll03l2O2s

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Canara Bank is a body Corporate constituted under the Banking Companies (Acquisitaon and Transfer of Undertakings) Act, 1970, having its Head Office at 112, J.C. Road, Bangalore- 560002, and carrying on business inter alia, at the Kalupur Branch, at Block- Kalupur, lessore Road, near Kalupur Bazar, North 24 Parganas, West Bengal-743235, within the jurisdiction of this Ld. Tribunat.

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Applicant 8ank.

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-Versus-

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Rabindra Nath Sarkar, Viltage- Dharmapur, post Office- Ballavpur, police StationBongaon, Dtstrict: North 24 parganas, plN- 743245.

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Bani Sarkar, wife of Sri Rabindra Nath Sarkar, Vj age- Dharmapur, post Office_ Ballavpur, Police Station- Bongaon, Djstrict: North 2+ pa-rganas, pff.r:-Zi:lqi.

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Defendants.

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Counsel for the Applicant Banki -

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Subhadip 8asu, Advocate,

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Set ex-parte on 03/03/2O2s

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JUDGEMENT

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The Appticant Bank flted the present O.A. being No- O.A./SS7/2O24 on Og/Og/2O24 for recovery of a total sum of Rs. 20,36,g49.87/- (Rupees twenty takh thirty six thousand eight hundred forty nine and paisa eighty seven onry) from the Defendants towards r-rousing Loan together with interest, cost and other usual rellefs.

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The Defendants are served with summons. The defendants dad not representation from the defendants, the case was fixed for ex_parte and heard ex-parte accordingly,

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appear, as there was no hearing on 03/03/2025,

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The Applicant Bank examined 12 documents through Aratrika Datta, Branch Manager marked as Exhtbit Annexure-A_1 to Exhibit Annexure-A-12.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for conslderation is I

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Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as p.ayed for?

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As stated supra, the Defendant remalned absent and did not turn up to controvert the verslon of the O.A. of Applicant Bank. The Evldence Affidavit coupled with the recitats in the documents viz., Exhibits Annexure-A-1 to Exhabat Annexure-A-12 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 joinuy and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) o.A. No. 557 of 2024 fired by the Appricant Bank is allowed and debt as determined with cost a'ainst the defendants. It is hereby ordered that appricant bank is entaaed to recover from the defendants the total amount to the tune of Rs. 20,36,849,87l- (Rupees twenty takh thirty six thousand eight hundred forty nine and paisa etghty seven onty) with pendentelite and future interest @ 8.7596 per annum interest with simple on the amount due from the date of filing of the O.iginal Appticataon i.e. Og/Og/2O24 ti full and finat reatization of the clarm amount.

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(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the Applicant Bank after flting of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants, Accordingty, pendentelite and future interest shall be calculated on the rcduced amount.

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(3) Defendants are debarred fft be,onsine to them,,,,,." "#j,;'o:':11",#iJl."J,li1l'J':i"TJ,Jr:::.:-,".,*

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(4) Defendants are qiven a time of thjrty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the appricant bank is entiaed to recover ats dues by sale of secured assets, if any. Applicant bank is also entiued to proceed against personal properties of the defendants (Both movable and immovable) and atso proceed against the defendants personally to recover the dues in accordance with law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwlth in terms of

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Judgement for issuance of the same against defendants in favour of the applicant bank

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put 0p the

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same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate frorn the

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defendants in accordance with law.

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(7)Ld. Registrar of this Tribunal ls directed to dellver recovery cerflficate in term of the finat order/judgement for recovery of the sum against the defendant 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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(8)The partles are dlrected to appear before the Recovery Officet on 21/O4/2O2S 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 Applicaflon being O.A. No, 557 of 2024 is allowed and stands disposed of,

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Copy of the Judgement/Ftnal Order be uploaded in the Tribunal,s website. File is consigned to the Record Room.

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(Drctated to steno, transcnbed by her, correctec,, stgned and pronounced by me tn the open Cou( on the 2l!' c,at of March, 2025)

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( KAMAL DE ) PRESIDING OFFICER,

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	DebtsRecoveryTribunal-3,Kolkata OrderSheet (Continuation)
caseNo.oaN	o.5570f 2024 Canara Bank Rabindra NathSarkar& Anr	.
DateofOrder	Orderwithsignature
OrderNo.06 pt.21/03/2025	Order pronounced (vide separate sheets),
	In theresult,O.A.No.557of2024is allowedwithcosts. Issue RecoveryCerUficate accordingly.
ss	(Kamal De) PresidingOfflcer DRT-3,Kolkata

Canara Bank v. Rabindra Nath Sarkar and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Rabindra Nath Sarkar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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