Allowed

Canara Bank v. Ms Kalyani Bag

DRT24 Sept 2025OA/718/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal, Kolkata allowed an ex-parte application filed by Canara Bank for recovery of a debt of approximately 24 lakh rupees. The respondent failed to appear. The court directed realization of dues via recovery certificate and barred the respondent from disposing of assets.

What did the court decide?

Total amount of Rs. 24,08,376.01 with 10.50% annual interest to be recovered; defendants debarred from disposing of properties; recovery certificate to be drawn.

Canara Bank versus Ms Kalyani Bag — 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. 718 OF 2024.

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DATE OF DELMRY OF ORDER | 24lo9l2O2S

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Canara Bank as a body Corporate constituted^{underthe BankingCompanies} (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office^{at 112,} J. C. Road, Eanqalore-560002,^{interalaa, carryingon its businessfrom its Canara} Bank, Dum Oum-II Branch, 17, Tarun Sengupta^{Sarani, Italgacha Road, Po.-} Italgacha, P.S.- Dum Dum, North 24^{Parganas.Kolkata-700028,DP Code-7g/ /5,} within the^jurisdiction of this Ld. Tribunal,

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Applcant Bank.

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-Versus-

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l. Ms. Kalyani Bag, Prop. of M/s. Kalyani Auto^{EngineeringCentre, Daughter of} Nanigopal Paul

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At- 12, S.A. Dutta Sarani, Kolkata-700081

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Also at- Rishi Arabinda Road, Madhyamgram,^{Madhyamgram Bazar, Kolkata-700130.}

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Defendant.

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Counsel for the Applicant Bank:

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Amit Gupta, Advocate

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Set ex_parte on 1O/09/2025

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JUDGEMENT

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The Applicant Bank filed the^{presento.A. being No. O Al71al2o24on 05/12/2024 fot} recovery of a total sum of Rs. 24,08,376.01/-^{(Rupeestwentyfourlakh eight thousand} three hundred seventy six and^paisa one only)^{fromthe DefendantstowardsCash Credit} together with interest, cost and other usual^reliefs.

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The Defendants are served with summons.^{The defendantsdid not appear,as therewas no} representation from the defendants, the case^{wasfixedfor ex-partehearingon 10109/2025,} and heard ex-Parte accordinglY.

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l. The Applicant Bank examined 14 documents through^{Vidya Bhushan,SeniorManager} marked as Exhibit Annexure-A to Exhibit Annexure-A-13.

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Heard the Ld. Counsel for the Applicant Bank.

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The^point that arises for consideration^as:

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) -l

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whether the Applicant Bank is entitled to the claim made ln the OA against the Defendants and OA schedule^properties as^prayed for?

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As stated supra, the Defendants remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evldence Affidavit coupled with the recitals in the documents viz., Exhibit Annexure-A tg Exhibit Annexure-A-13 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 jointly 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. 718 of 2024 filed by the Applicant Bank is a owed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 24,08,376.01/- (Rupees twenty four lakh eight thousand three hundred seventy stx and paisa one onty) with pendentetite and future rnterest @ 10,05o/o per annum interest with simple on the amount due from the date oF f,ting of rhe Ongrnat Apptication i.e. OS/L2/2024 tifi tull and finat reatization of the ctarm amoLrnt.

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A. the same be taken into account while arnvang at the exact amount of dues/debt payable by the defendants. Accordingly, pendenteljte and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any oF the properties belongrng to them tilt the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the rudgement/Finar order for repaying of the above mentioned dues, so antimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entifled to recover rLs dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovabte) and also proceed agarnst 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 forthwith in terms of ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same [or issuance of the Certtficate.

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(6)Ld. Recovery Officer shall realize the amount as per the Recovery Certiftcate from the

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defendants an accordance wath law.

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(/ ) Ld. Reqrstrar of this Tribunal is directed to deliver recovery certificate in term of the fnal order/Judgement for recovery of the sum against the defendant ln favour of the Appltcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Fnancral lnstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Acl, 1993.

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(8)The parties are directed to appear before the Recovery Offacer on 11/1112025 for turther actron rn accordance with law rn the event the entire amount is not paid by the said dafe.

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Accordingly, the Original Application being O.A. No. 718 of 2024 is allowed and stands drsposed of.

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Copy oF the ludgement/Final Order be uploaded in the Tnbunal,s website. F le rs consiqned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open court on the 24rh day of September, 2025)

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( KAMAL bE).-PRESIDING OFFICER,

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uatio n )

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Case No. OA No.7la of 2024 Canara Bank
ni
oate of Order Order with signature
Orde!'l!a.tQ7
Order pronounced (vide separate sheets).
DL 2-419912925
In the result, O.A. No. 718 of 2024 ts allowed with costs.
Recovery Certificate accordlngly.
( Kamal De )
Presidinq Officer
DRT-3, Kolkata

Canara Bank v. Ms Kalyani Bag

Case brief

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What did the court decide?

Canara Bank v. Ms Kalyani Bag

Case brief

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