Allowed

Canara Bank v. Amarendranath Biswas and Anr.

DRT20 Jan 2026OA/207/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex parte Original Application filed by Canara Bank for recovery of an outstanding housing loan sum of Rs. 24,85,265/- against absent borrowers who failed to appear in court. The court decreed the recovery of the principal amount along with interest at 11.20% per annum and directed the issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 24,85,265.00 with interest at 11.20% per annum; prohibition on asset transfer; 30-day payment period; authorization for Certificate of Recovery and enforcement against all assets.

Canara Bank versus Amarendranath Biswas and Anr. — Banking and Recovery | DRT (2026)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLXATA

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PRESE T: -sRI ARBIND MADHAV

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PRESIDTNG OFFICER Of DRT -tI KOLKATA

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ADDITTOI{AL CHARGE OF DRT -III KOLKATA

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O.A, 2O7 ot 2OZ4

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DATE oF DEI.IVERY oF oRDER: 2c,/0:-12(,26

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Canara Bank, a body corporate cons x"#:"."".:"T."TI;;ffi :{:.ltr1,:.il:i:#HT.,:r:il::ff :';1,J::,"il skeet' Kolkata- 7oo 016 and also carryrns on its bankrns business, ;;;;; il;';;#"f l(€rardanga Leather complex Branch, Karaidanga Leather p|n 743 comprex. SO2. Baa"",,ii".'n"",'*jt - ,. rraidanga, Kantatala. p,SO.- l(olkata Leather Complex,

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AppJjcant.

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1 AI4ARENDRANATH BISWAS, S/O e"*;,^p o I xunguni;;:.,; ;;":l:?,,:TiI f;:11: r'"v ne address a, v,,,ase.

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ANTTA BISWAS, W/O Amarendrani Kansanbe.a, 24 -parsanas,r"""r]tl,"u-^ti"j; j;vins^address at vittage- Betk,, p.o. -

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... Defendants.

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Counsel for the Applicant Bank: -

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Mr. Krishna Kishore Ganguly, Advocate

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Set ex_pafte on 13/01/2026

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JUOGEMENT

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The Appticant Bank fited the pres o o being No o A"2o7 of 2024 on 27/03/2024 for recovery of a totar sum o, ". a,tnt (Rupees Twenty Four Lac Eighty Five Thousand rwo Hundred sixty ,,r"n'tt''u'oo'racirities toeether wit,,",.;;: .";;;;'Jlrj:T, ji:",:::'"ts^towards Housins Loan

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The Defendants are served with s The defendants did not appear, as there was no representation rrom ttre oerenallmons 13/or/2o26,ana n"ara "x-pu.te^u.."*[rlt" case was fixed for ex-p246 hearing on

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The Appticant Bank examined Os documents through sri Mukesh Kumar, Authorized officer of canara Eant ma*ea as exn bit Annexure -A to Exhibit Annexure _E.

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i. Annexure- A- Copies of the lo (Rupeesrwentyrw"*_;,;i;:rX,,:lrrli"j"rlr.,i"Tll,T::i::r..r.r.l; esecuted by the borrower in favour of the Applicant Bank.

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ii. Annexure- B- Copy of the sanc letter dated 23'03 2o2lissued by the applicant

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bank against the roan applica tion dated 26'02'2021 furnlshed by the borrowers

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arong with its'True copy,.

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iii. Annexure- C- Copy of the letter of mortgage dated 30.03.2021 confirming deposltion on 29.O3,2021, copy of Agreement of Sale, Copy of possession Certificate in favour of the Borrowers & Copy of Deed Conveyance in favour of the Borrowers being no. 163001794 of 2021.

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iv. Annexure- D- Copy of the Demand/Recall letter dated 04/02/2023 issued by the Syndicate Bank, amalgamated with the Applicant Aank, to the Borrower.

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Annexure- E- Copy of statement of account pertaining to the said loan account showing an outstanding debt of Rs. 23, ,fBO/- (Rupees Twenty Three Lakhs Eighty One Thousand One Hundred Eighty) only towards Housing Loan as on Og/O8/2023 duly certified under the Banker! Books Evidence Act.

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4, Heard the Ld. Counsel for the Applicant Bank.

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The point that arlses for consideration ls:

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Whether the Applicant Bank is entiued 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 Defendants remained absent and did not turn up to controvert the version of the o.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz,, Exhibits Annexure -A to Exhibit Annexure _E 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 joinfly and severa y tiable 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 underi-

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ORDER

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(1) O.A. 207 of 2024 filed by the Appticant Bank ts allowed and debt is determined with cost against the defendants. It is hereby ordered that Applicant Bank is entifled to recover from the defendants the total amount to the tune of Rs. 24,85,265.00/_ (Rupees Twenty Four Lac Eighty Five Thousand Two Hundred Sixty Five only) with interest thereon at the rate of 11.200lo per annum with monthry rcsts from 24/02/2024 til ful and finar rearization of the claim amount.

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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 ihto account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly. pendente lite and future interest shall be calculated on the reduced amount.

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(3) oefendants are debared from disposing, alienating or dealing with any of the properties belonging to them till 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 ludgment/Fanat Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mehtioned time, the applicant bank is

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entitled to recover lts dues by sale of secured assets, lf any. Applicant bank is also entifled to proceed agalnst personal properties of the defendants (Both movable and immovable) and also proc€ed against the defendants personally to recover the dues rn accordance with

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(5) Let the Cerflficate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same agalnst defendants ln favour of the applicant bank unde. Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for lssuance of the Certiflcate.

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(6) Ld. Recovery Omcer shall realize the amount as per the Recovery Ceftificate from the defendants ln accordance wlth law.

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(7) Ld. Registrar of thls Trtbunal ts dlrected to deliver recovery cedificate in term of the final orde./judgment for recovery of the sum against the defendants in favour of the Applicant Bank under section Lg (22) ot the Recovery of Debts due to the Bank and Financial Institutons Act, 1993 now known as Recovery of Debts and Bank.uptcy Act, 1993.

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(8) The par es are directed to appear before the Recovery Officer on 23/02/2026 rot further action in accodance with law in the event the entire amount is not paid by the said date.

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Accordingty, the Originat Application being O.A. No. 207 of 2024 is allowed and stanc,s disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room.

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(Dtctated to steno, transcrjbed by him, corrected, sjgned and pronounced by me in the open Court on the 2oth d;y of lanuary,2126)

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. l.

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PRESIDING OFFICER OF DRT -II KOLKATA ADDITIONAL -1r*,o*ffifffifCHARGE OF DRT.III KOLKATA

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

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Case No. O.A. ZOi ot ZOZC
canara Bank vs. AmaEidiiniiiEiswas & -s a-=ni
Order with signature
Order No. 10
ot.20l01/2026 Order pronounced (vide separate sheets)
Item No. 06
In the result, O.A. 207 of 2024 is allowed with costs.
Issue Recovery Certificate accordingly.
Presiding Officer
DRT -2, Kotkata
Additional Charge
Of DRT -3, Kotkata

Canara Bank v. Amarendranath Biswas and Anr.

Case brief

What is this about?

What did the court decide?

Canara Bank v. Amarendranath Biswas and Anr.

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

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