Allowed

Canara Bank v. Arif Mondal and Ors.

DRT16 Sept 2025OA/738/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Kolkata allowed an original application filed by Canara Bank for recovery of a loan amount of Rs. 47,93,245.83 along with interest and costs from three respondents who failed to appear. The court directed issuance of a Recovery Certificate.

What did the court decide?

Recovery of Rs. 47,93,245.83 with future interest and costs; issuance of Recovery Certificate under RDB Act, 1993.

Canara Bank versus Arif Mondal and Ors. — Banking and Recovery | DRT (2025)

¶1

¶2

BEFORE THE DEBTS RECOVERY TRTBUI{AL.IIt KOLKATA PRESENT: -SRt KAMAL DE.

¶3

PRESIDING OFTtCER.

¶4

O.A. 738 ot 2024

¶5

DATE OF DELMRY OF OnDER! t6log l2O2S

¶6

Canara Bank, a body corporate constituted under the Banktnq Companjes (Acqulsition & Transfer of Undertakangs) Act, 1970 and Head Office at 112, J.C. Road, Bangalore-560002 and carrying on its business from its Habra Branch, at New Ashlrbad Bulldlng, Joygachl, Jessore Road, P.S. Habra, District- North 24 parganas7 43263.

¶7

Applicant,

¶8

-Versus-

¶9

Arif Mondal, Prop. of M/s. Rupayan Marbel and Plumblng at Nimtala,^p,S. Habra, Dastrict- North 24 Parganas, West Bengal-743289 & Charghat Bazar,^p.S.- Swarupnagar, Maslandapur, Charghat, Dlstrict- North 24 Parganas

¶10

2, Rablul Mondal, son of Khyerul Mondal office address ls at Nimtala, Maslandapur, P.S,-Habra, Oistrid- North 24 Parganas, West Bengal-743289,

¶11

Momena Mondal, wlfe of Rabiul Mondal, office address ts at Nimtala, Maslandapur, P,S.-Habra, Distrlct- North 24 Parganas, West Bengal-743289.

¶12

... Defendants.

¶13

Counsel for the Appllcant Banki^-

¶14

t4s, Subhadlp Basu . Advocate,

Set ex-parte on

25/08/2025

JUDGE14ENT

The Applicant Bank filed the present O.A, being No. O.A. 738 of 2024 on 16112/2024 fot recovery of a total sum of Rs. 47,93,245.83/- (Rupees Forty-Seven Lakhs Ninety-Three Thousand Two hundred Forty-Flve and Elghty-Three palse only) only from the Defendants towards Cash Credlt Facilities together with interest, cost and other usual reliefs.

¶20

¶21

The Defendants are served wlth summons. The defendants did not appear, as there was no representation from the d€fendants, the case was fixed for ex-parte hearing on 25/0812025, and heard ex-parte accordingly.

¶22

The Applacant Bank examined 34 documents through Srl Sandeep l.lohanto being the Senior Branch Manager, Canara Bank marked as Exhibit Annexure-A-1 to Exhibit Annexure-A-22.

¶23

Heard the Ld. Counsel for the Applicant Bank.

¶24

The point that arlses for conslderatlon ls :

¶25

Whether the Appllcant Bank is entltled to the claim made ln the OA against the Defendants and OA schedule propertles as prayed for?

¶26

¶27

As stated supra, the Oefendants remalned absent and did not turn up to controvert the version of the O.A. of Appllcant Bank, The Evidence Affldavit coupled with the recitals in the documents viz., Exhiblts Annexure-A-1 to Exhibit Annexure-A-22 marked on behalf of the Applicant Bank, establlshed the clalm 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 Appllcant Bank the claims made ln the OA wlth future interest and costs,

¶28

¶29

In the result, the present Odglnal Applicatlon is allowed ex-parte wlth costs, as underi-

¶30

ORDER

¶31

(1)O.A. 738 of 2024 flled by the Appllcant Bank is alowed and debt is determined with cost against the defendants. It ls hereby ordered that Applicant Bank ts entifled to recover from the defendants the total amount to the tune of Rs. 47,93,245,g3/- (Rupees Forty_Seven Lakhs Ninety-Th.ee Thousand Two hundred Forty-Five and Ejghty-Three paise only) with pendente ltte and future tnterest @ 09.15% per annum interest wlth slmple on the amount

¶32

) due from the date of flltng of the Orlgtnal Appltcation i.e 16.L2,2O24 U fufl and final

¶33

- I realizauon of the clatm amount.

¶34

(2) Amount, if any, pard by the defendants rn the roan accounts or amount, rf any, recovered by the Appricant Bank after flrng of the o.A. the same be taken rnto account whire arriving at the exact amount of dues/debt payable by the defendants. Accordlngly, pendente tite and future lnterest shall be calculated on the reduced amount.

¶35

(3) Oefendants are debarred from dtspostng, atienating or dealing with any of the properues belonging to them flll the aforesaid decretal debt ls recovered from the defendants.

¶36

(4) Defendants are gtven a time of thtrty days from the date of the Judgment/Ftnat Order for repaying of the above mentoned dues, so lnumated to them. In case the defendants fail to pay the dues wlthtn the above rientioned Ume, the appltcant bank ts entifled to recover its dues by sale of secured assets, if any. Appllcant bank is also enuued to proceed against personal properues of the defendants (Both movable and immovable) and also proceed against the defendants persona[y to recover the dues rn accordance with raw.

¶37

(5) Let the Cer ficate of Recovery be drawn up by Ld. Registrar forthwith jn terms of Judgment for issuance of the same agalnst 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 for issuance of the Ce.oficate.

¶38

(6) Ld. Recovery Officer shall reallze the amount as per the Recovery Certiflcate from the defendants ln accordance wtth law,

¶39

(7) Ld. Reglstrar of thls Trlbunal ls dlrected to dellver recovery certlflcate In term of the flnal order/judgment for recovery of the sum agalnst the defendants^{In favourof the Appllcant} Bank under Section 19(22) of the Recovery of Oebts due to the^{Bank and Financial} Instltutions Act, 1993 now known as Recovery of Debts and Bankruptcy^{Act, 1993.}

¶40

(8)The parties are dl.ected to appear before the Recovery Offlcer on 18/11/2025 for further actlon in accordance wlth law ln the event the entlre amount ls not^pald by the^saiddate,

¶41

Accordlngly, the Orlglnal Appllcatlon belng O.A. No.738 of 2024^ls allowed^{and stands} dlsposed of.

¶42

copy of the JudgmenvFlnal Order be uploaded in the Trlbunal's webslte.

¶43

Flle is conslgned to the Record Room.

¶44

(Dlctated to steno, transcribed by him, corrected, signed and pronounced by me ln the open Court on the 16rh day of September, 2025)

¶45

( KAI4AL DE ) PRESIDING OFFICER.

¶46

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

¶47

CaseNo. O.A.	738ol2024 C.niraBank vs.ArlfMond.l
OrderNo.07 ot.16t0912025	Order pronounced (vlde separate sheets)
	Intheresult, O.A. 738of2024 isaltowedwithcosts. IssueRecoveryCertiflcate accordingty.
	rxa.iiJe I presiding Officer DRT-3.Kolkata

Canara Bank v. Arif Mondal and Ors.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Arif Mondal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subrata Ghosh versus Aadhar Housing Finance Limited

Sri Uttam Sadhukhan and Anr. versus Aditya Birla Capital Finance Limited and Ors.

Punjab National Bank versus Azijul Molla and Anr.

Bank of Baroda versus M/S S S Enterprise and Ors.

State Bank of India versus Arpita Halder and Ors.

Icici Bank Limited versus Bhasdeep Infrastructure Development Limited and Ors.