Allowed

Canara Bank v. H P Trading Co. and Anr.

DRT26 May 2026OA/39/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the application filed by Anara Bank seeking a certificate of recovery against H.P. Trading Co. and Smt. Pinki Sarkar Mahato. The court recognized the loan default, accepted the bank's documentary evidence within limitation, and ordered recovery of the outstanding amount with interest and an injunction on asset disposal.

What did the court decide?

Certificate of Recovery drawn up under Section 19(22) RDB Act for Rs.22,10,059.02 with interest; injunction on asset transfer; 30 days time for repayment.

Canara Bank versus H P Trading Co. and Anr. — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL, SILIGURI

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CaseNo.	ORDERSHEET
OA/39/2025	CANARABANK -VS HPTRADINGCO.&ANR
Dateoftheorder.	Orderwithsignature	Officeactionwith date and dated signaturc partics when nccessary
26.05.2026	Present: CounselfortheApplicant:Ms.PujaBhupal. CounselfortheDefendant:Ex-parte.
	parties. The order is dictated and corrected by the undersignedandpronouncedintheopenTribunalundermy signatureonthis26"dayofMay,2026. LettheCertificateofRecoverybedrawnupbythe LearnedRegistrarforthwthintermsofjudgmentforissuance ofthesameagainstthedefendantsinfavourofApplicant Bankunder^{Sub-Section7 and22ofSection- 19ofThe} Recovery^{ofDebtsandBankruptcyAct,1993andputupthe} sameforsignatureforissuance. Copyof^{thejudgment/finalorderbegiven/senttothe} (RakeshPátiTiwari) PresidingOfficer DRT-Siliguri

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NERY TRI8
DRT SILIGURI/

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THE DEBTS RECOVERY TRIBUNAL, SILIGURI

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O.A. No. 39/2025 anara Bank, Habibpur Branch, G.P. Office, Habibpur, Post Office & Police Station: Habibpur, District - Malda, PIN Code-732122, West Bengal.

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.Applicant

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Vs.

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H.P. TRADING CO., Prop. Smt. Pinki Sarkar Mahato, Ganga Prasad Colony, High Road, Police Station: Bamangola, Post Office: Maheshpur, District - Malda, Pin Code: 732138.

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2 SMT. PINKI SARKAR MAHATO, Prop. of H.P. Trading Co., Wife of Harihar Mahato, Ganga Prasad Colony, Maheshpur, Kuribari, District Malda, Pin Code: 732138.

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.Defendants

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Counsel for the applicant

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Counsel for the defendants

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Ms. Puja Bhupal Ex-parte

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PRESIDING OFFICER: RAKESH PATI TIWARI Date of Judgment - 26.05.2026

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JUDG MENT

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1 This is an application under section 19 of the Recovery of Debts and Bankruptcy Act,

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Presiding Officer t993, filed by the applicant bank against the defendants initially seeking issuance of Certificate of Recovery for realization of a sum of Rs.22,10,059.02/-(Rupees Twenty-Two Debts Recovery Siliguri Lakhs Ten Thousand Fifty-Nine and Two Paisa) only with interest calculated upto 21.02.2025 with future interest thereon from 22.02.2025 @10.25% per annum with monthly rests till realization of the entire amount along with injunction restraining the defendants from disposing of and/or alienating and/or encumbering the personal charged and uncharged assets and also costs.

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2 The facts in brief, giving rise to the present application as pleaded are that considering the application of the defendants, the applicant bank sanctioned an Open Cash Credit (OCC) facility of a sum of Rs. 20,00,000/- (Rupees Twenty Lakhs only), in favour of the defendants, vide Sanction Letter dated 16.06.2023. The defendants on 16.06.2023 executed Link Letter in respect of Enhancement of Credit Facilities, Particulars of Assets Standing in the name of the Applicant (Borrower), Letter of Renewal, Request for Overdraft

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(Contd...)

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facilities. The Defendant No.2 further availed the credit facilities from the Applicant Bank by virtue of Credit Card granted by the Applicant Bank linked to the Account being No. 5722101001580. After availing the loan the defendants failed to regularize the loan account and as such the loan account was classified as NPA on 31.10.2024. According to the applicant bank after giving credits for all sums of moneys paid by and/or realized on behalf of the defendants altogether a sum of Rs.22,10,059.02/-(Rupees Twenty-Two Lakhs Ten Thousand Fifty-Nine and Two Paisa) onlvy with interest calculated upto 21.02.2025 was due against the defendants in the loan account No. 125002596991 (OCC) and 5722101001580 (Credit Card).

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Despite the service of summons upon the defendants through Newspaper Publications, the defendants did not put their appearance before this Tribunal. Hence the mater is proceeding ex-parte against the defendants, vide order dated 10.04.2026.

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4 The Applicant Bank in support of its case has filed evidence by way of affidavit as affrmed by Sri Mriganka Bhattacharya, the Manager of the Applicant Bank and also relied upon the following documents:

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SI. No.	Nameofthedocuments	Exhibits No.
1.	LoanApplication	AW-1/1
a	SanctionLetterdated16.06.2023	AW-1/2
3	LinkLetterinrespectofEnhancementofCreditFacilities.,dated 16.06.2023.	AW-1/3
4	ParticularsofAssetsStandinginthenameoftheApplicant (Borrower)dated16.06.2023.	AW-1/4
5	LetterofRenewaldated16.06.2023.	AW-1/5
6.	RequestforOverdraftfacilitiesdated16.06.2023	AW-1/6
7.	Banker'sCertificate	AW-1/7
8	StatementofAccount	AW-1/8
9	InterestCalculationSheet	AW-1/9

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Debts Recovery 'irna 3 Presiding

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Presiding Siliguri

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I have heard the learned counsel for the applicant bank and perused the documents

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and evidence adduced by the applicant bank. The applicant bank has adduced documentary

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evidences which are marked as Exhibits 'AW-1/1' to 'AW-1/9. The sanction of loan has been proved by producing the Sanction Letter dated 16.06.2023 (Exhibit 'AW-1/2). The execution of required documents like Link Letter, Particulars of Assets Standing in the name of the Applicant (Borrower), Letter of Renewal, Request for Overdraft facilities etc.

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(Contd...)

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have been proved by exhibiting the same at 'AW-1/3 to 'AW-1/6. By fling the statement of account (Exhibits 'AW-1/8'), the applicant bank has proved the total outstanding dues of Rs.22,10,059.02/-(Rupees Twenty-Two Lakhs Ten Thousand Fifty-Nine and Two Paisa) only against the defendants.

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6 The applicant bank has filed this case against the defendants within three years from the date of sanction of loan and execution of documents on 16.06.2023 and as such the claim of the applicant bank is within limitation.

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The applicant bank has got valid cause of action to file this case as after taking the loan the defendants failed to make payment as per the terms and conditions of the sanction letter agreed by the defendants.

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8 There is nothing available on the record to contradict the version of the applicant bank and thus the applicant bank has sufficiently proved its case by exhibiting all relevant documents.

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In the above circumstances, following order is passed;

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ORDER

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O.A. No. 39/2025 filed by the applicant bank is allowed against the defendants No.1 &2 jointly and severally with costs and it is hereby ordered that the applicant bank is entitled to recover the total dues debt amount of Rs.22, 10,059.02/-(Rupees Twenty-Two Lakhs Ten THousand Fifty-Nine and Two Paisa) only with interest calculated upto 21.02.2025 and further interest thereon @10.25% p.a. with monthly rests from 22.02.2025 till realization of entire balance from the defendants along with cost amount.

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Presid ng Debts Recovery Siliguri

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() Amount, if any, paid by the defendants in the loan account or amount recovered by the applicant bank, if any, made towards the loan accounts after filing of the O.A be taken into account while arriving at the exact amount of outstanding payable by the defendants. (i) All that hypothecated^{ofall the stocks and other items created out of Bank's} Finance,^{asmentionedin theScheduleoftheoriginal} application,^shallremain charged to the applicant bank and the applicant bank shall have paramount charge thereon.

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The defendants are debarred from transferring; alienating, encumbering or (iv) disposing^{ofthehypothecated/mortgagedpropertiesoranyotherpropertyand}

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(Contd..)

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assets belonging to the defendants till the aforesaid adjudicated debt amount is recovered from the defendants.

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(v) The defendants are givena time of thirty days from the date of this judgment for repayment^{oftheabove decreeddebtamount withinterestfailingwhichthe} applicant bank is entitled to recover its dues by sale of the hypothecated/mortgaged property^{asaforesaidandisalsoentitledtoproceed againstthesaiddefendants} personally^{and/or personal properties to recover the dues in accordance with laW.} (vi) Let the^{certificate of Recovery be drawn up by the Learned Registrar forthwith} in terms^{of judgment forissuance of the same against thedefendantsinfavour of} applicant^{bank under Sub-Section 22 of Section-19 of The Recovery of Debts and} Bankruptcy^{Act,1993 and put up the same for signature and issuance.}

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(vii) Learned^{Recovery Officerisdirectedtorealizethedues amount fromthe} defendants^{aspertherecoverycertificate in accordance with law.} (vi) Let this^{judgment be uploaded on website of the tribunal and the Registry is} directed^{to serve/send copy of this judgment to the parties free of cost.}

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(ix) Record^{isconsigned to the record room along with the judgment.} The judgment^{issignedandpronouncedintheopenTribunal on 26th}

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day of May, 2026.

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KESHPÁTI TÌWARI 6s^20% Presiding^Officer DRJe Siliguricer Debts Recovery Tribunal Siliguri

Canara Bank v. H P Trading Co. and Anr.

Case brief

What is this about?

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Canara Bank v. H P Trading Co. and Anr.

Case brief

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