CANARA BANK vs SMT RATNA ROY CHOWDHURY on 19 June 2026

Order

Office action with date and dated Signature of parties when nccessafy

Counsel for the parties: Mr. B. Sarkar, Ld. Advocate representing Mr. Ashoke pa Ld. Counsel for the applicant Bank. None for the defendant. T.A./212 of 2e19 (arising out of O.A.|27O of 2018) allowed and disposed of. Final Order / Judgment is in separate sheet of 5 pages. File be consigned to record room. Order be uploaded on the Tribunal,s website. (Arbind Madhav) Presiding Officer DRT-2, Kotkata 19.06.2026 Order with Signature f .A.1212 of ?-O19 - DRT-2/Kot DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan sudha Bldg. 07th Floor, 42rc, J.L. Nehru Road, Kolkata -7ooo71 Before Shri Arbind hav, Presidin Officer T.A. 212 ot 2019 (arising out of O.A.l27O 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 Registered Office at 112, Jaya Chamarajendra Road, Bengaluru - 560002, and carrying on business, rnfer-alra, having its Behala Branch, at 8, Ramakrishna sarani, p.s.- Behala, Kolkata - 700060. Applicant Bank -Versus-

1. Smt. Ratna Roy Chowdhury, Wife of Nandan Roy Chowdhury, residing at 2g, Uttar Kastodanga Road, South Roy Nagar, P.O.- Sarsuna, P.S.- Thakurpukur, Kolkata - 700061. Defendant Counsel for parties: For the Applicant Bank For the Defendant [/r. Ashoke Paul Ex-Parte FINAL ORDER / JUDGMENT Delivered on 1 9.06.2026 Applicant, Canara Bank instituted the present Application being the Original Application No.270 of 2018 filed in DRT-3, Kolkata on 16.04.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.l4,59,280.00 (Rupees foufteen lakh fifty nine thousand two hundred eighty) inclusive of interest calculated upto 20.03 .2018 and further interest from21.03.2018 with agreed rate of interest, i.e @ 10.40% per annum plus 2% penal interest, till realization of the entire amount due. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide Hon'ble Chairperson DRAT, Kolkata's direction vide letter No.4/6/DRATlKOLl20lB(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 19.10.2019 and the same has been renumbered asT.A.1212 of 2019 vide Ld. Registrar's order dated 26.10.2019.

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

T.4.1212 ot 2019 - DRT-2/Kot

(i) That the Defendant had approached and applied before the applicant Bank for granting a Vehicle LHV Term Loan facility of Rs.14,38,000/- vide Application dated 10.06.2015; copy of said loan application dated 10.06.2015 is annexed and marked as Annexure'A'. Upon consideration of loan application, applicant Bank was pleased to grant / sanction a Vehicle LHV Term Loan of Rs.14,38,000/- (Rupees fourteen lakh thirty eight thousand) to the defendant vide sanction Memorandum dated 18.06.2015 on certain terms and condition which was duly accepted by the defendant. Copy of sanction Memorandum dated 18.06.2015 is annexed and marked with Annexure,B,. At the relevant point of time, the rate of interest was @ 11 .25o/o oer annum with monthly rest. The primary security of the said facility was the hypothecation of one lr/ahindra T40 l'urister DX Bus BS-IV, Registration No. WB 04 G3976. Loan is covered under CGTMSE Scheme.

(ii) ln consideration of the aforesaid vehicle loan facility of Rs.14.38 lakh, the defendant executed the following security documents all dated 18.06.2015 in favour of applicant Bank:

(a) Deed of Hypothecation Re: Vehicle for Rs.14,3g,000/_; (b) Letter of Undertaking re: Loan / advance;

(c) Particulars of Vehicle / tMachinery / Equipment / Live stock etc. Copy of said documents are annexed and marked as Annexure 'C', 'D' & ,E'.

3. The Defendant availed and enjoyed the said loan facility by opening Account in Bank's Behala Branch, 8, Ramakrishna Sarani, Kolkata - 700000. The loan amount disbursed to the borrower's account. However, the defendant failed and neglected to abide by the terms and conditions of the facility. The Defendant did not repay the outstanding loan amount and overdue interests in loan Account. Since the defendant did not pay any attention to regularize the Account inspite of repeated requests, the Account became out of order and was classified as N.P.A. on 17.08.2016. Since the defendant failed and neglected to make repayment of Bank's outstanding amount, applicant Bank compelled to issue demand notice dated 25.01.2018 upon the defendant demanding to repay the outstanding dues, but the defendant did not comply the said notice; copy of said demand notice dated 25.01.2018 along with postal receipt are annexed and marked as Annexure 'F'. Certified copies of Statement of Account along with Certificate under Elankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'G'), and pendenti lite and future interest trom 21.03.2018 @ 10/0% per annum plus 2o/o penal interest, with monthly rests, till realization of the entire amount due, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation. a

T.A.1212 of 2019 - DRT-2/Kot 4' The notice / summons was sent to the Defendant by the Tribunal. lt is seen from the S/R on affidavit dated 12.06.2024 and its enclosure that service of Notice / summons upon the Defendant by postal service is successful, such has been recorded vide Ld. Registrar's order dated 03.10.2024. Despite service, the sole defendant did not appear nor filed the written statement; thus, the defendant was ordered to be proceeded ex-parte vide order dated 13.01 .2025. Ld. Advocate of the applicant bank has submitted argument on 11.05.2026. 5' Applicant Bank has filed the evidence-on-affidavit affirmed by Sri Shantanu Das, Manager of Bank's Behala Branch, 8, Ramakrishna Sarani, Kolkata - 700060 along with the copy of original documents executed by the Defendant. Original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with O.A. and the original documents have been returned to Smt. Antra Biswas, Manager of Bank's Behala Branch, 8, Ramakrishna Sarani, Kolkata - 700060 on 08.12.2022, such has been recorded in Ld. Registrar's order dated 08j22022. The documents produced by applicant Bank are exhibited and annexed ad Exhibit'A to'G'. I have heard the Ld. Advocate of the 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 corroborated the averments made in the O.A. Applicant Bank has proved the sanction of Vehicle LHV Term Loan facility of Rs.14.38lakh vide sanction memorandum dated 18.06.2015. Appticant Bank has proved the hypothecated movable assets - Vehicle; described in Schedule at page 14 and para llr.A at page 3 of the originar apprication.

7. On the point of limitation, Loan has been sanctioned on 18.06.2015; security documents have been executed on '18.06.2015 and originalApplication has been filed on 16.04.2018. As such, the original Application appears to have been filed well within the period of limitation. I' Applicant Bank has stated that the outstanding balance in Vehicle Term Loan Account (inclusive of accrued lnterest and other charges as calculated upto 20.03.201g) is Rs.l4,59,280.00 (Rupees fourteen lakh fifty nine thousand two hundred eighty) as on 20.03.2018, which is the amount claimed by applicant Bank in the originalApplication, and the defendant is liable to repay the said amount to the applicant Bank with pendente tite and future interest, till realization. I allow the claim as made by applicant Bank in the originalApplication. Applicant Bank has prayed future interest @ 10.4Oo/o per annum plus 2o/o penal interest, with monthly rest from 21.03.2018, till realization of the entire amount due, while in sanction Memorandum dated 18.06.2015 the rate of interest @ 11.25o/o per annum compounded monthly, has been mentioned. Therefore, in my view, the pendente lite & future rate of interest @ 10.40%o per annum, with quarterly rests, from 21.03.2018, -is allowed.

T.A.1212 ot 2019 - DRT-2/Kot 9' The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved to claim made in the o.A./T.A. The T.A. being T'A'1212 of 2019 (arising out of O.A.l27O of 2018) deserves to be alowed; hence allowed.

10. ln view of the above, r pass the foilowing order :-

ORDER

(i) T.A.1212 of 2019 (arising out of O.A.t27O of 2018), filed by applicant Bank, is alowed and debt is determined with cost against the sole Defendant. lt is hereby ordered that the Defendant is hereby directed to pay the total debt amount of Rs.14,59,2g0.00 (Rupees fourteen lakh fifty nine thousand two hundred eighty) due and payable, inclusive of interest and other charges as calculated upto 20.03.2018; and interest for the period pendente lite and future rate @ 10.40% per annum, with quarterly rests, from 21.03.2018, till realization of the entire sum due and recoverable.

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

(iii) The defendant debarred from transferring, alienating, encumbering or disposing of the hypothecated movable assets - Vehicle; described in Schedule at page 14 and para lll.A at page 3 of the original application, as under _ Hvpothecated Movable Asset(s): "Hypothecated One Mahindra 740 Turister DX Bus BS-IV, Modet-4g\ORTD, Diesel, Maker Mahindra and Mahindra Ltd. manufacturing year 2O1S with fittings Chases & Bgdy Building, Registration No. WB 04 G3976: Engine No.NK4C9SBi1, Chassis No. MA1 GH2KNHF3D| 3731, Dieset.,, The Defendant is also debarred from transferring, alienating, encumbering or disposing 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. ln case the Defendant fails to pay the dues within the above mentioned time, the applicant Bank is entitled to recover its dues by sale of secured properties, as aforesaid. Applicant Bank is also entitled to proceed against personal property(s) of the Defendant both moveable and immoveable and also proceed against the sole Defendant personally 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) of the Recovery of Debts and Bankruptcy Act, 1993 (amended from time to time) and put up the same for signature for issuance.

r.A.1212 of 20'19 - DRT-2/Kot

(vi) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the sole 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 19g3. Accordingly, the Original Application, being T.A.t21Z of 201g (arising out of O.A.1270 of 2018) is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 19th day of June, 202G. copy of the Final order / Judgment be uploaded in the Trib A l"n, ,L,4 tb (Arbind [t/adhav) Presiding Officer DRT-2, Kolkata unal's