Allowed

Canara Bank v. Ms New Ramthakur Mrith Shilpalaya and Ors.

DRT10 Sept 2025OA/667/2023

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Recovery Tribunal allowed the Original Application filed by Canara Bank for recovery of a loan amount against defaulting borrowers and guarantors. The court determined the debt, ordered interest, debarred disposal of assets, and directed the issuance of a recovery certificate under Section 19(22) of the RDB Act, 1993.

What did the court decide?

Allowed the Original Application, determined debt of Rs. 1,27,22,262 with pending and future interest, directed issue of recovery certificate, and barred disposal of assets until debt realization.

Canara Bank versus Ms New Ramthakur Mrith Shilpalaya and Ors. — Banking and Recovery | DRT (2025)

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BEFORE THE OEBTS R,ECOVERY TRIBUNAL-ttI KOLKATA PRESE YI^.SRI KAIi{AL DE.

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PRESIDII{G OFFICER.

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O.A. 667 ot 2023

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OATE OF DELMRY OF ORDER: tOlOgl2O2S

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Canara Banlq a body corporate constituted under the Eanking Companaies ( Acquisltlon & Transfer of Undertakings) Act, 1970 having its Registered Office at 112, layachamarajendra Road, Bangalore-560002 and carrylng on busaness through different branches lncludlng MSME Sulabh Kolkata-Il Branch, having its office at 22l2, Gariahat Road, Police Station-Gariahat, Kolkata-700029, West Bengal,

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Appticant.

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-Versus-

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1, M/s. New Ramthakur Mrith Shilpalaya, a proprietoEhap firm, registered offlce at Saradhapally, Chaltaberla, P.O.& P.S.-Dattapukur, Plncode-743248, District North 24 ParganaS.

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2, Tapas Pal, Proprietor & Guarantor & Mortgagor of l4/s. New Ramthakur Mrith Shilpalaya, son of Lallt Pal, reglstered office atr Saradhapally, chaltaberia, P,o. & P.S, -Dattapukur, Pincode-743248, District- North 24 Parganas.

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Mina Pal, Guarantor of New Ramthakur t'lrith Shilpalaya, wife of Tapal Pal, residing at Saradhapally, Chaltaber{a, P.O. & P.s.- Dattapukur, Pincode-743248, DistrictNorth 24 Parganas.

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... Defendants.

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Counsel for the Applicant Bank:^-

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Mr. Sibaprasad Sarkar, Advocate,

Set ex-parte on

27 /08/2025

.lUDGEl'4ENT

The Appllcant Bank filed the^{present O.A. being No. O.A'667 of 2023 on 2OllO/2O23for} recovery of a total sum of^Rs.0f ,27,22,262l-^{(RupeesOne CroreTwentySevenLacs} Twenty lwo Thousand Two^{Hundred and SlxtyTwoonly) from the Defendants towardsCash} credit Loan Faciilfles^ln the^{form of occLoantogetherwlth interest, cost and other usual} reliefs.

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The Defendants are served^{with summons. The defendantsdid not appear, as there wasno} representatlon from the defendants,^{the case wasflxedfor ex-partehearlngon 2710812025'} and heard ex-parte accordingly.

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The Appllcant Bank examined^{33 documents throughSri Gunjan Chakraborty beingthe} Senior Manager, Canara^{Bankmarked as Exhibit Annexure-Ato ExhibitAnnexure-FF'}

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Heard the Ld. Counsel^{for the ApplicantBank.}

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The point that arlses for consideratlon is:

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Whether the Appllcant Bank ls entltled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the Oefendants remalned absent and dld not turn up to controvert the version of the O,A, of Applicant Bank. The Evidence Amdavit coupled with the recitals in the documents viz,, Exhlblts Annexure-A to Exhiblt Annexure-FF marked on behalf of the Applicant Bank, establlshed the clalm of the Applicant Bank against the Defendants and OA schedule propertles, Hence, I hold that the Defendants are Jolntly and severally liable to pay to the Appllcant Bank the clalms made ln the OA with future interest and costs.

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In the result, the present Orlginal Appllcatlon is allowed ex-parte with costs, as under-

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ORDER

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(1) O.A. 667 of 2023 flled by the Appllcant Bank ls allowed and debt is determlned wath cost against the defendants. It ls hereby ordered that Appllcant Bank is entltled to recover^from the defendants the total amount to the tune ol ot Rs. OL,27,22,252l-^(Rupees one crore Twenty Seven Lacs Twenty Two Thousand Two Hundred and Slxty Two only) with^pendente lite and future lnterest @ 08.40qo^per annum interest with simple on the amount due^from the date of fillng of the Original Application i,e 20.10.2023 till^{full and finalrealizationof the} claim amount.

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(2) Amount, if any, pald by the defendants ln the loan accounts or amount, if any, recovered by the Applicant Bank after flling of the O.A. the same be^{taken intoaccount whilearriving at} the exact amount of dues/debt^payable by the defendants.^{Accordingly,pendentelite and} future interest shall be calculated on the^{reducedamount.}

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(3) Oefendants are debarred from disposlng, allenating^{or deallngwlth any of the properties} belonging to them tlll the aforesaid^{decretal debtas recovered from the defendants'}

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(4) Defendants are^glven a tlme of^{thlrtydaysfrom the dateof the JudgmenvFlnalOrderfor} repaying of the above^{mentloned dues,so intimated to them.In casethe defendantsfail to} pay the dues wlthin the above mentioned^{time, the applicant bank is entitledto recoverits} dues by sale of secured^{assets, lf any. Appllcant bank ls also entltled to proceed against} personal propertles of the defendants^{(Both movable and lmmovable)and alsoproceed} against the defendants^{personallyto recover the duesin accordancewithlaw}

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(5) Let the Certlficate of Recovery^{be drawn up by Ld,Reglstrarforthwithln terms of Judgment} for issuance of the same against^{defendantsin favour of the appllcant bank under Section} 19 (22) of the Recovery^{of oebts and Bankruptcy Act, 1993and put up the same for} issuance of the Certificate.

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(6) Ld, Recovery Offlcer shall reallze^{theamountas per the Recovery Certiflcatefromthe} defendants ln accordance wlth law.

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(7) Ld, Reglstrar of thls Trlbunal is dlrected to dellver recovery certlficate in term of^{the final} order/judgment for recovery of the sum^{agalnst the defendants ln favourof theApplicant} Bank under Section 19(22) of the^Recovery of^{Debts due to the Bankand Financial} Instltutlons Act, 1993 now known as Recovery^{of Debtsand BankruptcyAct,1993.}

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(8)The partles are directed to appear before the Recovery^{offlcer on 29110/2025 for further} actlon In accordance wlth^{law in the event the entlre amountis not paidby the saiddate}

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Accord{ngly, the Orlglnal Appllcatlon belng^{O,A.No.667of 2023 is allowed and stands} disposed of.

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copy of the JudgmenvFlnal Order^{be uploadedin the T.ibunal's webslte.} File is conslgned to the Record^Room.

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tDrctated to steno, transcrlbed bv^{hlm, corrected,srgned and} pronounced by me in the open Court on the to'h^day of September, 2025)

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( KAMAL DE ) PRESIDING OFFICER.

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

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CaseNo. O.A,6	67ol^2l)23 C.iliaBa.*vsJt/sJ{et'v^{Ramth.kurMrlth shllpalaya&} Ors'
D.teofOrder	orderwlthsignature
orderNo,1o Dt.10/09/2025	Order^{pronounced(vlde}separate^sheets)
	Intheresult,O.A.657 of2023^isallowed lssueRecoverycertlflcate^accordlngly. costs.
sh	(KamalDe) PresidingOfficer DRT-3,Kolkata

Canara Bank v. Ms New Ramthakur Mrith Shilpalaya and Ors.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Ms New Ramthakur Mrith Shilpalaya and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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