Allowed

Canara Bank v. Monorama Bibi

DRT16 Feb 2026OA/488/2025

Case brief

AI extract

What is this about?

The DR Tribunal heard an ex-parte application filed by Canara Bank for recovery of an open cash credit sum of Rs. 24,39,141.54. In the absence of the defendant proprietor of Ms. M.B. Enterprise, the Tribunal determined the debt and allowed the application.

What did the court decide?

Allowed OA; Debt determined; Rs. 24,39,141.54 + pendentelite and future interest @ 9.55% per annum; Recovery Certificate issued under Section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993.

Canara Bank versus Monorama Bibi — Execution and Attachment | DRT (2026)

¶1

BEFORE THE^{DEBTS RECOVERY TRIBUNAL'tIIKOLKATA}

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PRESE T} SRI^ARBINDMADHAV

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PRESTDING^{OFFICER OF DRT'ItKOLKATA}

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ADDTTIOT{AL^{CHARGE OF DRT'tlt KOLKATA}

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o.a. No. 488^{0F 2025'}

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DATE OF DELIVERY^{oF oRDER: L6lo2l2o26}

¶7

Canara Bank is a^{bodyCorporateconstitutedunder the BankingCompanies} ia.qrlJtl""^{i"a iransferof uniertakings)Act, 1970, having its.Head oJfice at 112'} j. c-" no"o, Bangalore-560002, Karnatak;. rnter alla, carrying on its busin-ess^fromits Canara eank Sonamukhi^{Branch,at 505,SonamukhiMainRoad,Naskarpara'} Sarsuna, Kolkata-700051,^{within the jurisdictionof th's Ld Tribunal}

¶8

Applicant Bank.

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-Versus-

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1, Manorama Bibi, Prop. of l4/s. M. B. Enterprise

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a) Vill. Nandabhanga, P.O.- Kanganberia, P.S.- Bishnupur, South 24^{Parganas. West} Bengal, Pin-743503,

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b) Raypur, South 24 Parganas, West 8en9al, Pin-743503.

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Defendant.

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Counsel for the Applrcant Eank:

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Subhadip Basu, Advocate,

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Set ex-parte on 09/02/2026

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JUDGE14ENT

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The Appllcant Bank filed the present O,A. being No. O,A./4B8/2025 on ll/OjlZO2S fot recovery of a total sum of Rs. 24,39,141.54 /- (Rupees twenty four lakh thirty nine thousand one hundred forty one and patsa fifty four only) from the Defendants towards Open Cash Credlt together with tnterest, cost and other usual reliefs.

¶19

The Defendants are serued with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on O9l02/2026, and heard ex-parte accordingly.

¶20

The Applicant Bank examined 12 documents through Sri Adnan Matin. Senior Manager marked as Exhibit Annexure-A-1 to Exhibit Annexure-A-9.

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i, Annexure A-1- A copy of the Loan Application dated 09.12.2021.

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ii, Annexure A-2- A copy of the Sanction Memorandum dated 09.12.2021.

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iii. Annexure^{A-3-Requestfor overdraft Facility dated 09'12 2021'Pronotedated} 09.12.2021.

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iv. Annexure^{A-3- Letterof Undertaklng:Loans/ Advancesdated09 12 2021'}

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v. Annexure A-3-^{Letter of Proprietorship dated 09 12;2021'}

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vi. Annexure A-3- Pronote^{dated09.12.2021'}

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vll. Annexure A-3- Cash^{Credit Agreement dated09 12'2021'}

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viil. Annexure A-5-^{Copy of theGuaranteeCovering LetteralongwithGuarantee} Agreement dated 09,L2.2O2L.

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ix. Annexure A-6- Copy^{of the sanction memorandumdated 2A'L22022'}

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x. Annexure A-7- Copy^{of the Letterof Renewaldated 2A'122022'}

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xi. Annexure A-8- Copy of^{the lawyer's notice dated13 09'2024'}

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xii. Annexure A-9- Statement^{of Accounts.}

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Heard the Ld. Counsel for the^{ApplicantBank.}

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¶35

The^point that arises for conslderatlon^is:

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Whether the Appllcant Bank ls entitled to the claim^{made in the OA against the Defendants} and OA schedule^propertles as^{prayed for?}

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As stated supra, the Defendants remained absent and did^{not tum up to controvertthe} version of the O.A. of Applicant Bank. The^Evadence Affidavit coupled^{with the recitals in the} documents vlz., Exhibit Annexure-A-l to Exhibit Annexure-A-g^{marked on behalfof the} Applicant Bank, established the clalm of the Applacant Bank against the Defendants^andOA schedule propedies. Hence, I hold that the Defendants are^jointly and severally liable to^pay to the Applicant Bank the clalms made in the OA with future interest and costs.

¶38

'7.

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In the result, the present Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) O.A. No. 488 of 2025 filed by the Applicant Bank is allowed and debt is determined with cost agalnst the defendants, It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 24,39,141.54 /- (Rupees twenty four lakh thirty nine thousand one hundred forty one and paisa fifty four only) with pendentelite and future interest @ 9.55o/o per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 11/07/2025 till full and final realization of the claim amount.

¶42

(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 into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred 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 tlme of thirtydays from the date of the Judgement/Final Order for} repaying of^{the above mentioneddues' so intimated to them ln casethe defendantsfail to} pay the dues within^{the abovementioned time'the applicant bank is entitledto recoverits} dues by sale^{of secured assets, if any' Applicnnt bank is also entitled to proceed against} personal properties^{of thedefendants(Bothmovableand immovable)and alsoproceed} against the^{defendants personallyto recover the dues in accordancewith law'}

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(s)Let the Certificate^{of Recoverybe drawn up by Ld Registrar} forthwith in^termsof Judgement^{for issuanceof thesame against defendants in favour} of the apPlicant^bank under Section^{19 (22) of the Recoveryof Debtsand Bankruptcy Act'} 1993 and Put^{uP the} same for issuance^{of the Certificate'}

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(6) Ld. Recovery Officer^{shall realizethe amountas per the Recovery Certificatefrom the} defendants in^{accordancewith law'}

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(7)Ld. Registrar of this^{Tribunalis directed to deliver recovery certificatein term of thefinal} order/Judgement^{for recovery of the sum against the defendantin favourof theApplicant} Bank under Section^{19 (22) of the Recovery of Debtsdue to the Bank andFinancial} lnstitutionsAct,lgg3nowknownasRecoveryofDebtsandBankruptcyAct,1993.

¶48

(8) The parties are directed to appear^{before the RecoveryOfficer on 16/03/2026 for further} action in accordance^with law in the event^{the entire amount is not paidby the saiddate'}

¶49

Accordingly, the^{orlglnalApplication beingo'A No' 488 of 2025 is allowedand stands} disposed of.

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Copy of the JudgemenVFinal^{Order be uploadedin the Tribunal's website'} File is consigned^{to the Record Room,}

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(Dictated to steno, transcflbed by her. corrected, srgned^and irionorn."a^{uv ,iin the opencourt on the16th daY} of February, 2026)

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) 4. ./-'^Lts < ( SRI ARBIND MADHAV ) PRESIDTNG OFFICER^{OF DRT.IIKOLKATA} ADDITIONAL CHARGE OF^{DRT.IIIKOLKATA}

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Debts Recovery Tribunal_3, Kolkata Order Sheet (Continuation)

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case tto. ol noJaa oi zozs k
Vs.
li{r[o.ama Blbi
Date of Order
Order with signature
Order No.07
Dt.16/02/2026 Order pronounced (vide separate sheets),
In the result, O.A. No. 488 of 2025 is
allowed with costs. Issue
Recovery Certificate accord jngly,
( Arbind Madhav )
Presiding Officer
DRT-2, Kolkata
ss Additionat Charge of DRT_3, Kotkata

Canara Bank v. Monorama Bibi

Case brief

What is this about?

What did the court decide?

Canara Bank v. Monorama Bibi

Case brief

What is this about?

What did the court decide?

What the court decided

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