CANARA BANK vs MR TANMOY BURMAN on 13 March 2026

Order

13.03.2026 Order with Signature Counsel for the parties: Ms. Swarnali Dutta, Ld. Advocate representing Mr Debasish Chakrabarti, Ld. Counsel for the applicant Bank. None for the defendants. T.A./406 of 2020 (arising out ot O.A.t767 of 2018) is allowed and disposed of. Final Order / Judgment is in separate sheet of 7 pages. File be consigned to record room. Order be uploaded on the Tribunal,s website. .-,--, -L/ ,<-a--t (Arbind Madhav) Presiding Officer DRT-2, Kolkata

T.4./406 of 2020 - DRT-2/Kol DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan Sudha Bldg. 07th Floor,42lC, J.L. Nehru Road, Kolkata - 700071 EefOre SiriArbrod Madhav-Presidins Officer T.A. No. 406 ot 2O2O (arising out ol 0.A.1767 of 2018) ln the matter of - Canara Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, Jayachamarajendra Road, Bengaluru - 560002, and carrying on business, inter-alia, alit's Lower Circular Road Branch, situated at 01st Floor, 9, Lala Lajpat Rai Sarani, P.S.- Bhawanipore, Kolkata - 7 00020. Applicant Bank -Versus:

1. Mr. Tanmoy Burman, Son of Mr. Pranabesh Barman, residing at Narikeldanga, Post Ofiice -Asnan, P.S.- Moyna, District - East Medinipur.

2. Mr. Tarun Mal, Son of Bankim, residing at Village - Balvadhara Chak, Post Ofiice - Arangkiarana, P.S.- Moyna, District - Purba Medinipur, Pin - 721U2. Defendants Counsel for parties: For the Applicant Bank For the Defendant : Mr. Debasish Chakrabarti '. Ex-Pafte

FINAL ORDER

'

JUDGMENT

Delivered on 13.03.2026 Applicant, canara Bank instituted the present Application being the original Application No.767 of 2018 filed in DRT-3, Kolkata on 25.09.2018 against two Defendants underSection 19(1)oftheRecoveryof Debts&BankruptcyAct, 1993(amendedfromtime ' to time) for recovery of Rs.32,74,215.00 (Rupees thirty two lacs seventy fourthousand two hundred forty five) inclusive of interest calculated upto 05.09.20't8 together with further interest@ 10.40%perannumfrom06.09.2018,till realization,togetherwithinterest,costs, expenses etc. Subsequently, the instant case has been transferred to DRT-2' Kolkata vide the Hon',ble chairperson DRAT, Kolkata's direction vide letter No.4/6/DRAT/KOU2O18(pI.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 30.10.2019 and the same has been renumbered t as T.A./406 ot 2020 vide Ld. Registrar's order dated 25'06'2020'

2. The brief facts of the case as set out by applicant Bank in its Original Application, as under:

T.A./106 of 2020 - DRT-2/Kot

(i) The Defendant No.1 is engaged in fishery business has been sued as the principal debtor and mortgagor and the defendant No.2 has been sued as the guarantor. The defendant No.1 had approached the applicant Bank for credit facility under Kisan Credit card scheme. At the request of the Defendant No.1, applicant bank was pleased to . sanction / grant the Term Loan of Rs.15,00,000.00 (Rupees fifteen lacs) to the defendant No.1 under Kisan credit card scheme vide sanction letter dated 22.06.2013. The defendant No.1 acknowledged receipt of the sanction letter. Copy of aanction letter dated 22.06.2013 is annexed and has marked as Annexures ,A,.

(ii) Pursuant to the aforesaid sanction of credit facility of Rs.15.00 lakhs, the defendant No.1 executed and delivered the following loan documents all dated 22.06.201g in favour ofapplicant bank: I

a) A certificate of Loan papers;

b) Letter evidencing execution of documents;

c) Deed of Hypothecation for Kisan credit card thereby hypothecating the prawn crops pertaining to business of defendant No..l . Copies of said documents are marked and annexed as Annexures .B,, .C, & ,D,.

(iii) To secure the said rerm Loan of Rs.15.00 lakhs granted by the applicant bank to the defendant No.1, the defendant No.2 furnished his personal guaraitee by executing a Guarantee Agreement daled 22.o6.2013 thereby undertaken to pay on demand all the amounts to the applicant bank along with interest, costs and expenses. The said guarantee is the continuing guarantee for ultimate balance due and payable by the , principal borrower. copy of Guarantee Agreement dated 22.06.2013 is annexed and has marked as Annexure 'E'.

(iv) To secure the aforesaid term loan facilig of Rs.15.00 lakhs, the defendant No..l created equitable mortgage in respect of immovable property, morefully described in ' Schedule 'B' at page 22 and para lll.A at page 7 to 9 of the original application, by deposit of the original Title Deed being No.00858 ot 2013 along with copy of link deed, Certificate of conversion of land issued by BL&LRO, Moyna and other documenls of title relating to immovable property in favour of applicant bank. The said defendant No.1 has confirmed creation of equitable mortgage by executing a Letter evidencing deposit of Title Deed on daled 22.06.2013. An afiidavit affirmed by defendant No.1 on dated 23.05.2013 wherein the said defendant No.1 has, inter-alia, declared himself as the sole and absolute owner ' of the aforesaid property. Copy of Letter evidencing deposit of title deed dated 22.06.2013 along with the schedule is annexed and marked asAnnexure'F'; copy of Afiidavit affirmed by defendant No.1 is annexed and marked as Annexure 'G' and copies of Trtle Deed . No.00858 of 2013, copy of link deed and conversion certfficate are annexed and collectively marked as Annexure 'H'. ---1 /s'+-,

T.A./406 of 2020 - DRT_2/Kot

(v) Again, the Defendant No.1 by making an apprication on dated 03.03.2014 approached the applicant Bank for enhancement of said credit limit. IJpon consideration of the application, applicant Bank was pleased to enhance / sanction the existing term loan limit from Rs.15.00 lakhs to Rs.21,00,000.00 (Rupees twenty one lakhs) in favour of defendant No.'l subject to the terms and conditions as mentioned in the sanction letter. . The defendant No.1 acknowledged receipt of the sanction letter of enhanced limit. Copues of loan Application dated 03.03.2014 and sanction letter are annexed and. marked as Annexure'l' collectively.

(vi) ln consideration of the aforesaid enhanced credit limit of Rs.21.00 lakhs, the . defendant No.1 signed and executed the following loan documents all dated 03.03.2014 in favour of applicant Bank:

(a) Letter of evidencing execution of documents; (b) Certificate of Loan papers obtained;

(c) Link Letter in respect of enhancement of credit facilities; (d) Letter of Renewal; (e) supplemental Agreement being agreed to abode by the terms and conditions , contained in the said Agreement including the repayment schedule; (f) Deed of Hypothecation. . copies of said documents are annexed and marked as Annexure ,J, to ,o, respectively.

(vii) To secure the aforesaid enhanced limit of Rs.21.00 lakhs granted by the applicant bank to the defendant No.1, the defendant No.2 extended his personal guarantee by executing a Lefter of Guarantee dated 03.03.2014. The said letterif guarantee is the continuing guarantee till payment and discharge of entire dues and liability of defendant No. 1 to the applicant Bank. copy of said Letter of Guarantee dated 03.03.2014 is annexed and has marked as Annexure 'P'.

(viii) To secure the enhanced credit limit of Rs.21,00,000/-, the defendant No.1 visited the Bank's Branch office on dated 03.03.2014 and declared that the equitable mortgage created by said defendant No.1 by deposit of original 'l'ifle Deed being No.00g5g of 2013 along with the documents relating to title of the defendant No.1 in respect of aforesaid ' mortgaged property. To that effect, the defendant No.1 has executed a Letter in Extension of Mortgage on dated 03.03.2014. copy of Letter in extension of Mortgage dated 03.03.2014 is annexed and marked as Annexure 'Q'.

(ix) The defendant No.1 has admitted and acknowledged his debt and liability by executing the Letter in Acknowledgement of Debt & Security on dated 16.1 0.201s whereby the defendant No.1 confirmed correctness of Rs.26,31,588/- inclusive of interest as on 01j02015 together with further interest @ 10.90o/o per annum compounded monthly, till ' realization. copy of said Lefter in Acknowledgement of Debt & Security dated 16.10.2015 is annexed and marked as Annexure 'R'.

T.A.t46 0t 2020 _ DRT_ZKo| .

3. The Defendants enjoyed the said credit facirity by opening Account in Bank,s Lower circular Road Branch, 9, Lara Lajpat Rai sarani, Korkat a _ 7ooo2o. However, the defendants faired and negrected to abide by the terms and conditions of the facirity. The Defendants did not repay the outstanding Bank,s dues and overdue interests in the roan Account. rn spite of repeated requests made by appricant Bank, the defendants faired to regurarize the loan Account. since the defendants did not pay any attention to regurarize the Account, it became out of order and was crassified as N.p.A on "nd fro, 31.03.201g. since the defendants faired and negrected to repay the outstanding roan amount inspite of request, applicant Bank compeiled to issue Reca[ notice dated 1g.0g.201g upon the Defendants cailing upon them to pay the outstanding amount of Rs.35,6o,4go.oo incrusive . ofinterestcarcuratedupto3l.03.20lgarongwithfurtherinterest @10.40%perannum,tiil realization. copy of Recail Notice dated .rg.0g.201g is annexed and marked as Annexure 's'. Thereafter, appricant Bank issued the demand Notice dated .r3.09.201g upon the defendants through its Advocate invoking guarantee furnished by defendant No.2 and - calling upon them to repay jointly and severally a sum of Rs.32,74,24st_ incrusive of interest calcurated upto 05.09.2018 together with further interest @ 10.40% per annum from 06.09.2018, tirr rearization. copy of demand Notice dated 13.€9.2olB arong with postal receipts are annexed and co[ectively marked as Annexure ,T,. certified copies of statement of Account arong with certificate under Bankers, Books of Evidence Act, with interest calculation sheet, Annexure 'U', have been filed to show and prove th.e dues, together with further interest @ 10.40% per annum from 06.09.201g, till realization with interim interest, and interest on judgment, has been prayed. Appricant Bank submifted that their claim in the originalApplication is within limitation.

4. The Notices / summons were sent to Defendants No.1 & 2 by the Tribunar. rt is . observed from the S/R on Affidavit dated 16.08.2023 and its enclosures that service of summons upon the Defendants is successful, such has been recorded vide Ld. Registrar,s order dated 22.08.202s. Ld. Advocate of the appricant Bank hq: fired the Engrish translation copy of Bengali Deed on dated 31.01.2024. Despite service, the defendants No.1 & 2 did not appear nor filed the written statement; thus, both the defendants were ordered to be proceeded ex-pafte vide order dated 1s.os.2o2s. Applicant Bank has filed the written notes of argument on dated 12.07.202s and 06.02.2026 wherein stated the . brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant Bank has submitted argument on 06.02.2026

5. Applicant Bank has filed evidence-on-Afiidavit, afiirmed by Mr. santu Ghoshal, Mahager of Bank's Lower circular Road Branch, g, Lala Rajpat Rai Sarani, Kolkata - ' 700020 along with copy of original documents executed by defendants. original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with the O.A. and after verificatiott'the originals have been returned to Ms. Rima Dey, officer of Bank's Lower circular Road Branch, Kolkata - 700020 on 02.01.2023, such has been recorded in Ld. Registrar's order dated a

T.A./.106 of 2020 - ORT-2/Kot 02.01.2023. The documents produced by appricant Bank are exhiblled and marked as Exhibits' A-1' to' A-22'. I have heard the Ld, Advocate ofthe appricant Bank and perused the records.

6. Evidence-on-afiidavit, filed by applicant Bank, has remained unchallenged, un- rebufted and its veracity cannot be put to dispute. Applicant Bank has proved the . averments made in the original Application. Applicant Bank has proved the sanction of enhanced credit limit of Rs.21 .00 lacs vide sanction letter dated 03.03.2014. Applicant Bank has proved the hypothecated movable assets and mortgaged immovable property, , morefully described in schedule 'A & 'B' at page 22 and para lll.A at page 7 to 9 of the original application.

7. on the point of limitation, the loan has been sanctioned on 22.o6.2013, subsequently enhanced the same on dated 03.03.2014; documents hZve been executed on22.06.2013 and 03.03.2014, and originatApplication has been filed on 2s.09.2018. The defendant No.1 has executed Letters of Acknowledgement of Debt & security; the last of said Letter in Acknowledgement of Debt & security has been executed and delivered by . defendant No.1 on dated 16.10.2015 in favour of applicant bank acknowledging the outstanding balance in loan Account. As such, the original Application appears to have been filed well within the period of limitation.

8. Applicant Bank stated that the outstanding balance in Term Loan Account (inclusive , of accrued interest and other charges as calculated upto 0s.09.201g) is Rs.32,74,245.00 (Rupees thirty two lacs seventy four thousand two hundred forty five) as on 05.09.2018 which is the amount claimed by applicant Bank in the original Application, and the defendants No.1 & 2 are, jointly and/or severally, liable to repay the said amount to the applicant Bank with pendente lite and future interest, till realization. I allow the claim as made by the applicant Bank in the originalApplication. Applicant Bank has prayed further interest @ 10.40o/o per annum from 06.09.2018, till realization with interim interest, and ' interest on judgment; while in sanction letter dated 22.06.2013 the rate of interest @ 14.75o/o per annum at compounded monthly, has been mentioned. Therefore, the pendente lte & future rate of interest which has been claimed by applicant Bank in the . original document, i.e. @10.40o/o perannum,withquarterlyrests,from06.0g.20'lB,till full and final realization of the entire debt, is allowed.

9. The matter also falls within the territorial as well as pecuniary jurisdic{ion of this Tribunal. Applicant Bank has proved to claim made in the O.A. The original application being T.A./406 of 2020 (arising out of 0.4.767 of 2018) deserves to be allowed; hence allowed.

10. ln view of the above, I pass the following order: a

b T.4./406 of 2O2O - DRT-2lKot

ORDER

(i) T'A./406 of 20zo (arising out of o.A.f/67 of 2018), fired by appricant Bank, is ailowed and debt is determined with cost against the Defendants No.1 & 2. rt is hereby ordered . that the Defendants No.1 & 2 are hereby directed to pay, joinfly and / or severafiy, the totar debt amount oI Rs.32,74,24s.00 (Rupees thirty two racs seventy four thousand two hundred forty five) due and payabre, incrusive of interest and other charges carcurated upto 05.09.2018; and interest for the period pendentellfe and future @ 1o.4oo/oper annum, with quarterly rests, from 06.09.2019, tilr realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants Ncr:1 & 2 in the roan account or amount, if any, recovered by appricant Bank after firing of the originar apprication, the same may be . taken into account whire arriving at the exact amount of dues/debt payabre by the Defendants. Accordingly, the pendente tite andfuture interest shall be calcuiated on the reduced amount.

(iii) The defendants are debarred from transferring, arienating, encumbering or disposing of the hypothecated movabre assets and mortgaged immovabre property, described in Schedure A' & 'B' at page 22 and para ilr.A at page 7 to g of the originar application, as under - Hvoothected Movable Assets "ALL THAT stocks of fish, fish crops, incruding ail types of prawn and prawn crops t9q.ethgr nyill at! xlnds of equipment and accessoiLs peiaining io nsnery iiiiiess of fhe d:fendant No.1, rying at hrs busrness ptace at Naiketdanga, Fost omie -iinii- poiii. ' Itation - Moyna, Distict - East Medinipur, or anywhere eise' or which miy oiiiiurse or tnn.sit.or.held by any paiy anywhere to the oder and disposition or tni iiriniant No.t and whether now betonging or which may at any time betoig to tne s,aii aiieiiiit No.t .. Mort aoed lmmovab le Propertv: "ALL THAT Land admeasuing about 111 .333 Decimats along with structure appeaing thereon, lying and situated _at Mouza - Naikeldanga, in plot Noi.1g04 & 263s, ieftainng to Khatian Nos.l802 & 1 ss6, present Khatiian tttol.losbn, J.L. No.249, potiJ station _ Moyna, District - East Midnapore, being the subject property of the_oiginal ritte Deed No.00858 of 2013, deposited by the defendant No.t witn'ne ippticanleai*.,, The defendants No.1 & 2 are also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the r Defendants.

(iv) Defendants No.1 & 2 are given a time of sixtydaysfromthedate of this Final Order / Judgment for repayment of the above mentioned dues, so intimated to them. ln case the Defendants fail to pay the dues within the above mentioned time, the Applicant Bank is entitled to recover its dues by sale of secured property(s), as aforesaid. applicant Bank is also entitled to proceed against personal properties of the Defendants both moveable and immoveable and also proceed against the Defendants No.1 & 2 personally to recover the dues, in accordance with law.

T.4./406 of 2020 - DRT-2yKoI

(v) Let the certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Final order / Judgment for issuance of the same against the Defendants No.1 & 2 in favour of applicantBankundersection 19(22)oftheRecoveryof DebtsandBankruptcyAct, 1g93 (amended from time to time) and put up the same for signature for issuance.

(vi) Ld. Recovery officer sharl realize the amount as perthe Recovery cerlificate from Defendants No.1 & 2, in accordance with law.

(vii) Ld. Registrar of this Tribunal is directed to place Recovery Certificate in terms of . this Final Order / Judgment under section 19(22) of the Act of 19g3. Accordingry, the originar Application, being T.AJ406 or 2020 (arising out of O.A.n67 of 2018) is allowed and stands disposed of. File be consigned to Record room. This order is dictated and corrected by the undersigned and pronounced on this the 13th day of March, 2026. copy of the Finar order / Judgment be uproaded on the Tribunals website . Al)- 4 l*t (Arbind M,U3;7' Presiding Ofiicer DRT-2, Kolkata kkb