Allowed

Canara Bank v. Sh Manish Kabra

DRT29 Jan 2026OA/1165/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed Canara Bank's original application for recovery of Rs. 22.97 lakh housing loan dues. As defendants failed to file reply, the claim was decreed with interest and a recovery certificate was issued.

What did the court decide?

Decree passed in applicant bank's favour for Rs. 22,97,054.64 with future interest @ 10% from sale of mortgaged property and other assets; recovery certificate issued.

Canara Bank versus Sh Manish Kabra — Banking and Recovery | DRT (2026)

¶1

“ORIGINALAPPLICATION” No. 1165 of 2022

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶3

PRESENT- SHRI VIMAL GUPTA

¶4

PRESIDING OFFICER

¶5

O.A. NO. 1165 OF 2022

¶6

DATE OF DELIVERY OF ORDER 29.01.2026

¶7

CANARA BANK, Bank constituted by and under the Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970 and having its Head Office at J.C. Road, Bangalore (Karnataka) and one of its Branch at SME Branch, 4, New Grain Mandi, DCM Road, Aerodrome Circle, Kota (Rajasthan) through its Manager Mr. Nitin Gavendra.

¶8

…..Applicant Bank…..

¶9

VERSUS

¶10

1. Sh. Manish Kabra S/o Vijay Kumar Kabra, R/o 7-B, Small Scale Industrial Area, Kota, 324007 (Rajasthan)

¶11

2. Smt. Monika Kabra W/o Sh. Manish Kabra, R/o 7-B, Small Scale Industrial Area, Kota, 324007 (Rajasthan)

¶12

……Defendants…..

¶13

Counsel for the Applicant Bank Sh. Vineet Sharma Counsel for the Defendants Sh. T. S. Parmar

¶14

Order signed and uploaded on 30.01.2026.

OA No. 1165 of 2022

JUDGMENT

This Original Application was filed by the applicant bank on 23.09.2022 for recovery of outstanding amount of Rs. 22,97,054.64/- from the Defendants.

¶19

As per the pleadings, the Defendant No. 1 and 2 have availed a housing loan facility for purchase of Flat/Apartment from the Applicant Bank. Further Defendant No. 2 furnished her personal guarantee towards the repayment of Housing Loan facility.

¶20

After due consideration, housing loan facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2018 vide sanction letter dated 16.11.2018 for a total sum of Rs. 21,80,000/-.

¶21

It is submitted that the defendants in order to secure the loan facility sanctioned by the Bank, have created security interest in the immovable property standing in the name of Defendant No. 1, in favour of applicant Bank by way of equitable mortgage created by depositing the title deeds of the immovable property.

¶22

It is submitted that vide letter dated 02.12.2018 have confirmed the creation of mortgage by the deposit of title deeds in favour of applicant Bank in order to secure the financial facility.

¶23

Order signed and uploaded on 30.01.2026.

¶24

¶25

OA No. 1165 of 2022

¶26

It is submitted that Defendants had executed Acknowledgement of Debt and security letter on 10.11.2021, wherein Defendants acknowledge the debts.

¶27

Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA on 13.05.2022. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

¶28

Summons were issued to the Defendants on 28.04.2023. Applicant Bank failed to serve the summons by hand, therefore, summons was re-issued on 20.01.2025 and later on court commissioner was appointed for Dasti summons vide order dated 15.05.2025.

¶29

The court commissioner filed his report dated 18.08.2025. Sh. T. S. Parmar undertook to file Vakalatnama on behalf of defendants and seek time to file reply. Neither Vakalatnama nor reply has not been filed by the defendants. He failed to file Vakalatnama.

¶30

10.Counsel for the T. S. Parmar Ms. Gulafsha Kureshi submitted that they do not wish to file reply, in this view, this OA stands decreed.

¶31

11.The Applicant Bank filed the evidence affidavit of Shri Nitin Gavendra coupled with the recitals in the documents, viz Exhibit A/1 to A/16 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants

¶32

Order signed and uploaded on 30.01.2026.

¶33

¶34

OA No. 1165 of 2022

¶35

are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶36

12.In the result, this O.A. No. 1165 of 2022 is allowed declaring that:-

¶37

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 22,97,054.64/(Rupees Twenty Two Lac Ninety Seven Thousand Fifty Four and Sixty Four Paisa Only) with pendente lite and future interest @ 10% (simple) till the date of realization.

¶38

b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property – Flat No. 602, 6^th Floor, Kanchanjanga Apartment”, Khasra No. 405, Baran Road, Village Borkheda, Tehsil Ladpura, Kota, Rajasthan, Built up area 793 Sq.Fts. as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶39

c) The applicant bank is entitled to the costs of the O.A.

¶40

13.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶41

Order signed and uploaded on 30.01.2026.

¶42

¶43

OA No. 1165 of 2022

¶44

14.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 09.03.2026 .

¶45

15.Prepare Recovery Certificate accordingly.

¶46

16.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

¶47

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶48

Order pronounced in the open court today i.e. 29.01.2026 .

¶49

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶50

Order signed and uploaded on 30.01.2026.

¶51

¶52

OA No. 1165 of 2022

¶53

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

¶54

PRESIDING OFFICER

¶55

O.A. NO. 1165 OF 2022

¶56

DATE OF DELIVERY OF ORDER 29.01.2026

¶57

RECOVERY CERTIFICATE

¶58

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. Sh. Manish Kabra S/o Vijay Kumar Kabra, R/o 7-B, Small Scale Industrial Area, Kota, 324007 (Rajasthan)

¶63

2. Smt. Monika Kabra W/o Sh. Manish Kabra, R/o 7-B, Small Scale Industrial Area, Kota, 324007 (Rajasthan)

¶64

……Defendants…..

¶65

Recovery Certificate for Rs. 22,97,054.64/-

¶66

In terms of final order dated 29.01.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶67

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 22,97,054.64/- (Rupees Twenty Two Lac Ninety Seven Thousand Fifty Four

¶68

Order signed and uploaded on 30.01.2026.

¶69

¶70

OA No. 1165 of 2022

¶71

and Sixty Four Paisa Only) with pendente lite and future interest @ 10% (simple) till the date of realization.

¶72

b) The applicant bank is entitled to recover the above amount from the sale of mortgaged property – Flat No. 602, 6^th Floor, Kanchanjanga Apartment”, Khasra No. 405, Baran Road, Village Borkheda, Tehsil Ladpura, Kota, Rajasthan, Built up area 793 Sq.Fts. as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶73

c) The applicant bank is entitled to the costs of the O.A.

¶74

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 09.03.2026 .

¶75

The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

¶76

This Certificate has been issued under my signatures and seal of the Tribunal on this 29.01.2026 .

¶77

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶78

Order signed and uploaded on 30.01.2026.

¶79

¶80

OA No. 1165 of 2022

¶81

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶82

PRESENT- SHRI VIMAL GUPTA

¶83

PRESIDING OFFICER

¶84

O.A. NO. 1165 OF 2022

¶85

DATE OF DELIVERY OF ORDER 29.01.2026

¶86

SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Sh. Manish Kabra S/o Vijay Kumar Kabra, R/o 7-B, Small Scale Industrial Area, Kota, 324007 (Rajasthan)

¶92

2. Smt. Monika Kabra W/o Sh. Manish Kabra, R/o 7-B, Small Scale Industrial Area, Kota, 324007 (Rajasthan)

¶93

……Defendants…..

¶94

Order signed and uploaded on 30.01.2026.

¶95

¶96

OA No. 1165 of 2022

¶97

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	25,005.00
2	Process Fee (Inc. Publication)	50.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	10,000.00
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	36,305.00

¶98

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶99

Order signed and uploaded on 30.01.2026.

OA No. 1165 of 2022

29.01.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Sh. T. S. Parma, Counsel for the Defendants

¶105

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

¶106

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶107

Order signed and uploaded on 30.01.2026.

OA No. 1165 of 2022

29.01.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Sh. T. S. Parma, Counsel for the Defendants

¶113

The Tribunal vide order dated 29.01.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶114

The Registrar vide order dated 29.01.2026 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶115

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶116

Order signed and uploaded on 30.01.2026.

Canara Bank v. Sh Manish Kabra

Case brief

What is this about?

What did the court decide?

Canara Bank v. Sh Manish Kabra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bank of Baroda versus Giriraj Meena

Punjab National Bank versus Husen Khan Alias Husain Khan

Ms Shree Laxmi Silver Works versus Axis Bank

Hdfc Bank versus Ankit Gupta

Pankaj Chopra versus Cholamandalam Investment and Finance Company Limited

Canara Bank versus Ikabal Kaur