CANARA BANK vs SMT MUNNA SAHA on 8 May 2026

Order

Oflice action wifr date and dated Signature of pa ies when necessary

08.05.2026 Counsel for the parties: Mr. Amit Gupta, Ld. Advocate for the applicant Bank None for the defendant. T.A.t06 of 2020 (arising out of O.A.t41lof 2018) is a[ and disposed of. Final Order / Judgment is in s Fire be consigned to record .:f't" sheet of 7 pages Order be uploaded on the Tribunat,s website. 4t; (ArbinTlVladhav) Presiding Oficei DRT-2, Kotkata Order with Signature Central Bank of lndia

T.A./06 of 2020 - DRT-2/Kot DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan Sudha Bldg., 07th Floor,42tC, J.L. Nehru Road, Kolkata _7OOO71 Before Shri Arbind Madhav. Presidino Officer T.A. No.06 of 2020 (arising out of O.A./418 ot 2O1A) ln the matter of canara Bank (erstwhile syndicate Bank), a body corporate constituted under Banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Head office at 112, J.c. Road, Bengaluru - 560002, and carrying on Banking business, inter-alia, atils Jadavpur Branch, 3, central Road, p.s.- Jadavpur, Kolkata - 7ooo32, west Bengar. Applicant Bank -Versus-

Smt. Munna Saha, Wife of Sri Sanjib Saha, 2/195, Sree Colony, Kolkata _ 7OOO92. Defendant Counsel for parties: For the Applicant Bank For the Defendant : Mr. Amit Gupta : Ex-Paile FINAL ORDE R / JUDGMENT Delivered on 08.05.2026 Applicant (canara Bank) erstwhile syndicate Bank instituted the present Application belng the original Application No.418 of 2018 fited in DRT-3, Kotkata on 24.05.2018 against single Defendant under section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.31,i1,357.3g (Rupees thirty one lakh eleven thousand three hundred fifty seven and paise thirty eight) with interest calculated as on 30.04.2018 together with further interest @ 13% per annum, with monthly rests on and from 01 .05.2018, till realization. Subsequenfly, 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/Kou2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's order dated 24.10.2019 and the same has been renumbered as T.4./06 of 2020 vide Ld. Registrar's order dated 30..10.2019.

2. syndicate Bank has been merged / amalgamated into canara Bank vide Gazette Notification dated March 04,2020, issued by the Government of lndia published under Extraordinary Part-ll, section 3, sub-section (i) in the Gazette of lndia in terms of section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. ln view of the merger / amalgamation of Syndicate Bank into Canara Bank, the applicant name in this case should be read / inserted as Canara Bank instead of Syndicate Bank.

T.4./06 of 2020 _ DRT-2,Ko|

3. ln accprdance with the Notice dated 30.07.2020 of this Tribunal, Ld. Advocate for canara Bank has filed a petition being LA./11 of 2021 dated 07.01.2021 praying for amendment of cause'llfle in view of amalgamation of syndicate Bank with canara Bank vide G.O.l. Notification dated 04.03.2020; and in accordance with the direction of the Tribunal necessary amendment in cause tifle has been carried out by Ld. Advocate of the applicant Bank on 07.01 .2021, such has been recorded in Ld. Registrar's order dated 07.01.2021.

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

(i) The defendants have availed two numbers of loans in the nature of rerm Loan to the tune of Rs.15,00,000/- each aggregating to Rs.30,00,000/-. The defendant appried to the applicant bank for sanction of rerm Loan for a sum of Rs.1s,00,000A for purchase of a Tata Diesel chassis Model cp-912/49-Bs-lv Bus vide loan application dated 25.01.2015; copy of loan application and particulars of assets & liabilities both dated 25.01.2015 are annexed and collectively marked with letter ,A-1,. The defendant alongwith loan application also submitted proforma / euotation daled 12.01.2015 and a moneyreceipttowardspaymentof advanceof Rs.1,20,000/-dated 27.o1.2o1sissdedby one, Lexus Motors Ltd. and quotation for c.T.c. Model bus dated .10.01 .2015 and money receipt of Rs.80,000/- dated2s.01 .2015 issued by one, Zulfkar Body Builders; copy of the aforesaid documents are annexed and collectively marked with Letter ,A-2'. Upon consideration of application, applicant bank was pleased to sanction a Term Loan of Rs.15,00,000/- (Rupees fifteen lakh) to the defendant vide sanction letter dated 29.01.2015. The said loan was to repaid by defendants in g4 EMls of Rs.27,420.39 per month with interest @ 11.75o/o perannum with monthly rests, commencing after 3 months from the date of disbursement. copy of sanction letter dated 29.01 .zo1s is annexed and marked with letter'A-3'.

(ii) ln consideration of granting the said loan facility, the defendant executed the following loan / securig documents all dated 29.01.201s in favour of applicant Bank:

(a) Money receipt for a sum of Rs.10,30,000/-; (b) A Composite Hypothecation Agreement;

(c) A letter of consent of waiver of notice of variation of rate of interest. Copies of said documents are annexed and marked with Letter 'A-4', ,A-S' & ,4-6' respectively.

(iii) As requested by the defendant, applicant Bank disbursed and paid a sum of Rs.10,92,000/- out of Rs.15,00,000/- of the loan amount to said Lexus Motors Ltd. for delivery of the scheduled vehicle. Lexus Motors Ltd. issued a money receipt on 30.01.2015 acknowledging a receipt of loan amount from applicant. Copy of money receipt dated 30.01 .2015 is annexed and marked with letter 'A-7'. The said Lexus Motors Ltd. also confirmed the delivery of Tata LP 912149 BS-IV Bus Chassis 2015 make to the defendant by executing confirmation of delivery of machinery dated 04.02.2015. Copy of

T.A.i06 of 2020 _ DRT-2/Ko| letter of confirmation of Derivery of Machinery dated 04.02.201s is annexed and marked with letter 'A-8'. The defendant by a retter date d 04.02.201s requested the applicant Bank for payment of Rs.4,05,000/- to said Julfikar Body Builder towards fabrication of bus body. on such request, the applicant Bank paid the said amount to said body builders. The said Julfikar Body Buirders after receipt of said amount issued two numbers of money receipts for Rs.2,50,000/- and Rs.1,55,000/-. copy of retter dated o4.o2.2o15and two numbers of money receipts are annexed and colrectivery marked with retter ,A_g'. The defendant purchased the said vehicre and the vehicre was registered as wB_04G_2g02 in the name of defendant and one certificate of Registration issued by Registering Authority, pvD, Kolkata, Govt. of west Bengar, Transport Department. The defendant arso paid the Tax of the Vehicre and deposited the tax token and other document. copy of Registration certificate, Tax token and Route ailotment are annexed and coilectivery marked with Letter'A-10'.

(iv) The defendant further applied to the appricant bank for sanction of rerm Loan for a sum of Rs.15,00,000/- for purchase of a Tata Lp-912r49 BS-rv Bus vide roan apprication dated 30.09.2015; copy of loan application and particulars of assets & liabilities both dated 30.09.2015 are annexed and collectively marked with letter A-11'. The defendant alongwith loan application also submitted proforma / euotation dated 24.08.2015 and a money receipt towards payment of advance of Rs.90,000/- dated 26.09.2015 issued by said Lexus Motors Ltd., quotation dared 24.07.2015 and money receipt of Rs.7b,000/_ dated 28.09.2015 issued by said Zulfikar Body Builders regarding fabrication of new Bus body; copy of the aforesaid documents are annexed and collectively marked with Lefter 'A-12'. Upon consideration of application, applicant bank was pleased to sanction a Term Loan - other secured Loans for a sum of Rs.15,00,000/- (Rupees fifteen rakh) to the defendant vide sanction letter dated 30.09.2015. The said loan was to repaid by defendants in 82 EMls of Rs.26,s13.87 per month with interest @ 11 .2so/o per annum with monthly rests, commencing after 3 months from the date of disbursement. copy of sanction letter dated 30.09.2015 is annexed and marked with letter'A-13,.

(v) ln consideration of granting the said loan facility, the defendant executed the following loan / security documents all dated 30.09.2015 in favour of applicant Bank:

(a) Money receipt for a sum of Rs.10,20,000/-; (b) A Composite Hypothecation Agreement. Copies of said documents are annexed and marked with Letter A-14, & ,A_1S, respectively.

(vi) As requested by the defendant, applicant Bank disbursed and paid the loan amount to said Lexus Motors Ltd. for delivery of the scheduled vehicle. The said Lexus Motors Ltd. issued a money receipt on dated 30.09.2015 acknowledging the receipt of loan amount of Rs.11,10,000/- from applicant. Copy of money receipt dated 30.09.2015 is annexed and marked with letter'4-16'. The said Lexus Motors Ltd. also confirmed the delivery of rata LP 912149 commercial Vehicle 2015 make to the defendant. The

T.4./06 of 2020 - ORT-2/Kot defendant requested the appricant Bank for payment of barance roan amount to said Julfikar Body Buirder towards fabrication of bus body. on such request, the appricant Bank paid the said amount to said body builders. The said Julfikar Body Builders after receipt of said amount issued two numbers of money receipts for Rs.2,05,000/- and Rs.1 ,00,000/-. The defendant received the barance roan amount and issued two numbers of money receipts dated 01.10.201s and 04.12.2015 for payment of registration fee and other charges. Copy of money receipts are annexed and collectively marked with letter 'A-17'. The defendant purchased the said vehicre and the vehicre was registered as wB- 05-3317 in the name of defendant and one certificate of Registration issued by the Registering Authority, pvD, Korkata, govt. of west Bengar, Transport Depa(ment. The defendant also paid the Tax of the Vehicle and deposited the tax token and other document. Copy of Registration Certificate, Tax token and Route allotment are annexed and collectively marked with Letter ,A-1g'. 3' The defendant availed and enjoyed the said credit facilities by opening Account in Bank's Jadavpur Branch, 3, Central Road, Kolkata _700032. Howevel the defendants did not comply with the agreed terms and conditions of said facilities, thus violated the terms and conditions of said sanctions. The defendant did not repay the outstanding Bank's dues and overdue interest of loan accounts. Despite several requests made by applicant Bank, the defendants neither regularize the account nor liquidate the dues to the full and final satisfaction of the applicant; consequenfly, the accounts became irregular and was classified as NPA on 31.05.2016. Since the defendants / borrower(s) failed to liquidate the dues with the applicant Bank inspite of repeated requests and reminders, applicant Bank compelled to issue / serve Demand Notice dated 22.07 .2016 and 20.04.2017 upon the defendant demanding to repay the outstanding loan amount, but the defendant did not comply the said Notice, copy of said demand notice dated 22.02.2016 &20.04.2017 are annexed and marked with Letter'A-19'. Thereafter, the applicant Bank served legal notice dated 28.11.2017 through its Advocate calling upon her to repay the outstanding loan amount with further interest and cost, charges etc. thereon; copy of legal demand notice dated 28.11.2017 alongwith postal receipts are annexed and collectively marked with letter 'A-20'. However, the defendant acknowledged her liabilities by executing an Acknowledge of Debt dated 01.12.2017 in favour of applicant Bank; copy of the letter of acknowledge of debt dated 01.12.2017 is annexed and marked with letter 'A- 21'. Certified copies of Statement of Accounts along with Certificate under Bankers'Books of Evidence Act, with interest calculation sheet, (Annexure 'A-22','A-23' & 'A-24'), have been filed to show and prove the dues, and interest, interim interest and interest on judgment @ 13o/o per annum with monthly rest on and from 01.05.2028, till realization, has been prayed. Applicant Bank submifted that their claim in the original Application is --1,lwrth o in limitation

u ,.A./06 of 2o2o - oRT-zKor

4. The Notice / summons were sent to the sole Defendant by the Tribunal. lt is observed from the S/R on affidavit dated 07.05.2024 and its enclosures that service of Notices / summons upon the Defendant is not successful, such has been recorded vide Ld. Registrar's order dated 13.06.2024, and applicant Bank was directed to carry out substituted service upon the defendant vide order dated 1 3.06.2024. Ld. Advocate of the applicant Bank has brought on record the afiidavit of service on publication dated 16.12.2024 upon the Defendant along with relevant portion of paper cuttings in two newspapers, namely (i)'The Economic Times'in English and (ii),Badaman' in Bengati, both dated 12.12.2024; thus, service of summon through publication is complete upon the defendant. Despite service, the defendant did not appear nor filed the written statement; thus, the sole defendant was ordered to be proceed ed ex-pafte vide order dated 02.02.2026. Ld. Advocate of the applicant Bank has submitted argument on dated 06.04.2026.

5. Applicant Bank has filed evidence on Affidavit, affirmed by Rakesh Kumar, Asstt. Manager of Bank's Jadavpur Road Branch, 3, central Road, Kolkata - 7ooo32 along with the copy of original documents executed by the defendant. Applicant Bank has filed an l.A. being l.A./1900 of 2025 along with put-up l.A/1899 of 2025 dated 26.08.2025 praying to complete the balance evidence part. Original documents have been produced by applicant Bank; the same have been verified with copies of documents annexed with the O.A. and after verification the originals have been returned to Ms. Anuva Mishra, Manager of Bank's Jadavpur Branch, 3, Central Road, Kolkata -700032 on 27.08.2025, such has been recorded in Ld. Registrar's Order dated27.O8.2O25. Accordingly, the l.A./1900 of 2025 and put-up l.A./1899 of 2025 was allowed and disposed of vide order dated 27.08.2025. The documents produced by applicant Bank are exhibited and marked as Exhibits'A-1' to'A-18'. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

6. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, un- rebutted 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 two numbers of loan facilities in the nature of Term Loan of Rs.1 5.00 lakh each aggregating to Rs,30.00 lakh vide sanction letter dated 29.01.2015 & 30.09.2015. Applicant Bank has proved the hypothecated movable assets - Bus, morefully described in 'Schedule of Securities' at page 34 and para 3A at page 6 to 9 of the original application.

7. On the point of limitation, the loan has been sanctioned on 29.01 .2015 & 30.09.2015; documents have been executed on 29.01.2015 and 30.09.2015; original Application has been filed on 24.05.2018. Further, the defendant acknowledged her debt & liabilities by executing Acknowledgement of Debt dated 01.12.2017 in favour of applicant Bank acknowledging his debt in loan Account(s). As such, the original "Application appears to have been filed well within the period of limitation.

T.4,/06 of 2020 - DRT-2yKo| 8' Applicant Bank has stated that the outstanding balance in Loan Accounts (inclusive of accrued interests and other charges as carcurated upto 30.04.201g) for an aggregated sum of Rs.31,11,3s7.38 (Rupees thirty one rakh eleven thousand three hundred fifty seven and paise thirty eight) as on 30.04.201g, which is the amount craimed by the applicant Bank in the originalApplication, and the sole defendant is liable to repay the said amount to the applicant Bank with penden te tite and future interest, till realization. I allow the claim as made by appricant Bank in the originar Apprication. Appricant Bank has prayed interest, interim interest and interest on judgment @ 13yo per annum with monthly rests on and from 01.05.20'lg, till realization, while in the Lefter of sanction dated 29.01.2015 & 30.09.2015 the rate of interest @ 11 .7s% and @ 11.2so/o per annum respectively, have been mentioned. Therefore, in my vieq the pendente/ife & future rate of interest @ 1'1.50% per annum, with quarterly rests, from 01.05.201g, till realization of the entire due in full, is allowed.

9. The matter also falls within the tenitorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved to claim made in the o.A. The original application being T.4./06 of 2020 (arising out of o.A./41g of 2019) deserves to be allowed: hence allowed.

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

ORDER

(i) T.A./06 ot 2020 (arising out of o.A./418 ot 2o1B), fited by applicant Bank, is allowed and debt is determined with cost against the Defendant. lt is hereby ordered that the sole Defendant is hereby directed to pay the total debt amount of Rs.31,i1,357.38 (Rupees thirty one lakh eleven thousand three hundred fifty seven and paise thifi eight) due and payable, inclusive of interest and other charges as calculated upto 30.04.2018; and interest for the period pendente lite and future rate @ 11 .soo/o per annum, with quarterly rests, from 01.05.20't8, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendant in the loan accounts or amount, if any, recovered by applicant Bank after filing of the original application, the same may be taken into account while aniving at the exact amount of dues/debt payable by the Defendant. Accordingly, the pendente lite and future interest shall be calculated on the reduced amount.

(iii) The defendant is debarred from transferring, alienating, encumbering or disposing of the hypothecated movable assets, described in 'Schedule of Securities'at page 34 and para 3A at page 6 to I of the original application, as under - Hvpothecated Movable Assets: "(i)Tata LP-912/49-BS-|V Bus, having Chassis No. MAT514003E7N19402, Engine No. 497TC41 NVY840632, Registration No. WB-04-G-2802;

(ii) Tata LP-91249-BS-ly Bus, having Chassrs No. MAT514003F7G12339, Engine No. 497TC1 G UY827341, Registration No. WB-05-331 7." a

T.4./06 of 2020 - DRT-2/Kot The Defendant is arso debarred from transferring, arienating, encumbering or disposing of any other property(s) either movable or immovable and assets belonging to her till the aforesaid adjudicated debt amount are recovered from the Defendant.

(iv) The defendant is given a time of sixty days from the date of this Final order / Judgment for repayment of the above mentioned dues, so intimated to her. rn case the Defendant fails to pay the dues within the above mentioned time, appricant Bank is entifled to recover its dues by sare of secured property(s), as aforesaid. Appricant Bank is arso entitled to proceed against personar property(s) of the Defendant both moveabre and immoveable and also proceed against the Defendant personalry to recover the dues, in accordance with law.

(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 sole Defendant in favour of applicant Bank under section 19(22) ofthe Recovery of Debts and Bankruptcy Act, 1993 (amended from time to time) and put up the same for signature for issuance.

(vi) Ld. Recovery officer shall realize the amount as per the Recovery certificate from the Defendant, 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 1993. Accordingly, the original Application, being T.A./06 ol 2o2o (arising out of O.A./418 of 2018) is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 08th day ot May,2026. copy of the Final order / Judgment be uproaded in the Tribuna|s website. ,!r b*, (Arbi av) tb Presiding Ofiicer DRT-2, Kolkata ^-