Allowed

Canara Bank v. Shambhu Kumar Gupta and Anr.

DRT22 Sept 2025OA/84/2025

Case brief

AI extract

What is this about?

In an ex-parte debt recovery proceeding, the Tribunal held that Canara Bank is entitled to recover dues from the respondent defendants who failed to appear. The OA for recovery of approx. Rs. 60 lakhs along with interest and costs was allowed, and a recovery certificate was ordered to be issued under Section 19(22) RDBFI Act, 1993.

What did the court decide?

Allowed OA for recovery of Rs. 59,99,148.93 with interest; issued recovery certificate; debarred disposal of properties.

Canara Bank versus Shambhu Kumar Gupta and Anr. — Banking and Recovery | DRT (2025)

¶1

BEFORE THE DEBTS RECOVETY TRTBUNAL-ttI KOLXATA PRESENTT -SRt KAMAL DE.

¶2

PREStOttIG OFFICER.

¶3

O.A. A4 ot 2O2S

¶4

DATE OF DELIVERY OF ORDER: z2logl2c.ls

¶5

Canar. B!nk, a body corporate constituted under the Bankjng Compantes (Acqutsttion & Transfer of Undertakings) Act, 1970 Head Office at tf'2, j.c. aoua, Banglore-550002 and carrying on jts business rrom its ni.larrrai ar"-,i.n, u, =uru, Apartment, opposlte DLF Buildtng, Dhatipara, New Town, nu;ul.tui, Jiri.ial r,ro.tl zq Parganas, Kolkata-700102.

¶6

... Applicant.

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-Versus-

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l.--Shambhu Kumar Gupta, son of Dwarka prasad Gupta, office address ts at J/3998/11, Hari Babu pafiy Lane, Ward No. t:S, CarOen Reach, Kolkata-700024.

¶9

Mamta Gupta, wlfe of Sri Shambhu Kumar Gupta, )/3998/11, Hari Babu pa y Lane, Ward No. 133, Garden Reach, Kolkata_7OOO24:

¶10

... DeFendants.

¶11

¶12

Counsel for the Appllcant Bank: -

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Mr. Subhdip Basu, Advocate,

Set ex-parte on

10/09/2025

JUDGEMENT

The Appltcant Bank f ed the present O.A. betng No. O.A. 84 of ZO2S ot, Z7/Or/2025 for recovery of a total sum of Rs. 59,99,148,93/_ (Rupees Fifty-Ntne Lacs Ninety-Nine Thousand one Hundred Forty-Erght and Ninety-Three paise only) from the Defendants towards cash credrt Facflity togethe. wrth rnterest, cost and other usuar reriefs,

¶19

¶20

The Defendants are served wlth summons. The defendants dtd not appear, as there was no representation from the defendants, the case was fixed for ex_parte hearlng on 1O/Og/2025, and heard ex.parte accordhgly.

¶21

The Applicant Bank examined 12 documents through Sri Sandeep Mohanto being the Senior Branch lvlanager, Canara Bank marked as Exhtbtt Annexure-A_1 to Exhibit Annexure,A-12.

¶22

¶23

Heaid the Ld. Counsel for the Appltcant Bank.

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¶25

The point that arlses fot conslderauon ts :

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

As stated supra, the Defendants 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., Exhibits Annexure-A-l to Exhibit Annexure-A-12 marked on behalf^{of the} Applicant Bank, establlshed the claim of the Applicant Bank against the Defendants and^OA schedule^propertles. Hence, I hold that the Defendants are^jointly and severally^{liable to pay} to the Appllcant Bank the claims made ln the OA with future^{interest andcosts}

¶31

In the result, the present Original Appllcatlon is allowed ex-parte with costs,^{as under:-}

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ORDER

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(1)O.A. 84 of 2025 filed by the Appllcant Bank is allowed and debt is determined^with cost against the defendants. tt ls hereby ordered that^{Appllcant Bank is entltledto recover from} the defendants the total amount to the tune of^Rs. 59,99,148.93/-^{(Rupees Fifty-NineLacs} Ninety-Nine Thousand One Hundred Forty-Eight and Ninety-Three^paise only)^with pendente lite and future lnterest @ 8.15o/o per annum lnterest with simple on the amount due from the date of flllng of the Orlglnal^{Appllcatlonl,e 27} 012025^{till full andfinal} realization of the claim amount.

¶34

(2) Amount, if any, pald by the defendants ln the loan accounts or amount, if any,^recoveredby the Appllcant Bank after flllng of the O.A.^{the same be taken intoaccountwhile arriving at} the exact amount of dues/debt^{payable by thedefendants,Accordlngly, pendente lite and} future interest shall be calculated on the^{reducedamount.}

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(3) Defendants are debarred from disposlng, alienating or dealing^{wlth any of theproperties} belonglng to them tlll the aforesald^{decretaldebt is recovered from the defendants,}

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(4) Defendants are given a tlme of thlrty days from the date^{of the JudgmenvFinal Order for} repaying of the above mentioned dues, so^{intimated to them ln casethe defendantsfail to} pay the dues withln the above mentloned tlme, the appllcant bank^{is entitledto recover its} dues by sale of secured assets,^{if any. Applicant bank is also entitled to proceed against} personal properties of the defendants^(Both movable^{and immovable)and alsoproceed} against the defendants^{personallyto recover the dues ln accordancewith law'}

¶37

(5) Let the Certlflcate of Recovery be drawn up by Ld.^{Reglstrarforthwithln terms of Judgment} for issuance of the same against defendants^{in favourof the applicant bank under Section} 19 (22) of the Recovery of Debts^{and gankruptcy Act,1993 and put up the same for} issuance of the Certiflcate.

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(6) Ld. Recovery Offlcer shall realize the amount as^{per the Recovery Certificatefromthe} defendants in accordance^{wlth law.}

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(7)Ld. Reglstrar of thls Trlbunal ls dlrected to deliver^{recovery certiflcate ln termof thefinal} order/judgment for recovery^{of the sum against the defendants in f.vour of the Applicant}

¶40

Bank under Sectlon 19(22) of the Recovery of^{Debts due to the Bank and Financial} Instltutlons Act, 1993 now known^{as Recoveryof Debtsand BankruptcyAd, 1993.}

¶41

(8)The partles a.e dlrected to appear before the Recovery Officer^{on 19/11/2025for further} actlon ln accgrdance wlth lav, ln the^{eventthe entlre amount ls not pald by the said date'}

¶42

Accordlngly, the Orlglnal ApPlicatlon^{belng o.A. No.84 of 2025 ls allowed andstands} dlsposed of.

¶43

Copy of the JudgmenvFlnal Order^{be uPloaded ln the Trlbunal's webslte.} File is conslgned to the Record^Room.

¶44

(Dictated to steno, transcribed by hrm, corrected, signed and pronounced by me rn the open Court on the 22"d^day of September, 2025)

¶45

( KAMAL DE ) PRESIDING OFFICER.

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

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caselto.O.a. 8	canaraB;k^{vs.shambhu KumarGupta& Anr'} 4^ot2025
	Orderwith^signature
orderNo,07 ot.20l0912025	Order^{pronounced(videseparate sheets)} tntheresult,^OA.84of2025 IssueRecovery^{Certificate accordlngly} isallowedwith^costs. (KamalDe) PresidingOfficer DRT-3,Kolkata

Canara Bank v. Shambhu Kumar Gupta and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Shambhu Kumar Gupta and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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