CANARA BANK vs SISHU RANJAN DAS on 4 April 2024

J U D G M E N T

1. The present Recovery Application is filed by the Canara Bank, nationalized Bank carrying on business at Baruipur Branch, Meera Bhawan, Kachari Bazar, Baruipur, 24 Pargana (South) for recovery of Rs.22,77,287.36P with interest as per contractual rate @ 17% p.a with monthly rest from 01.02.2012 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.

2. The service of summons was effected upon the Defendants in usual mode of postal service. The Defendants appeared through their Advocate but not filed the Written Statement to controvert the RC claim of the Bank. Hence, the defendants are declared ex-parte on 21/02/2024.

3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Sri Jaya Guru Mishra, Asstt. General Manager of the Bank annexing the various documents which are exhibited.

4. I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost. In the above circumstances it is ordered :

O R D E R

i) Claim of the Applicants is allowed with cost. ii) The Defendants are liable to pay Rs.22,77,287.36P with interest as per contractual rate @ 17% p.a. with monthly rest from 01.02.2012 against the Defendants till payment or realization. iii) It is declared that the claim is secured by mortgaged of immoveable property and hypothecated goods described in Schedule “A” and Schedule “B” of the OA at Page no. 17 & 18. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer on 15/05/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No.424 of 2013 is allowed and stands disposed of. All the IAs, if any, RC are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 4th April 2024) Place: Kolkata ( Ambuja Mohan Das ) Date: 4th April 2024 Presiding Officer Page No.- Order Sheet (continuation) Case No. TA/424/2013 Canara Bank vs Sishu Ranjan Das & Ors. Date of the order Order with signature Office action with date and dated signature of parties when necessary

RC 4th April 2024 Ld. Advocate Mr. Onkar Ganguly appeared for the applicant bank None appeared on behalf of the Defendants. Matter was heard in open Court on this the day of 21/02/2024. The detailed order in three pages annexed separately. The gist of the order is as follows:

O R D E R

i) Claim of the Applicants is allowed with cost. ii) The Defendants are liable to pay Rs.22,77,287.36P with interest as per contractual rate @ 17% p.a. with monthly rest from 01.02.2012 against the Defendants till payment or realization. iii) It is declared that the claim is secured by mortgaged of immoveable property and hypothecated goods described in Schedule “A” and Schedule “B” of the OA at Page no. 17 & 18. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer on 15/05/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No.424 of 2013 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 4th April 2024) Place:Kolkata ( Ambuja Mohan Das ) Date: 4th April 2024 Presiding Officer