CANARA BANK vs AMIT KUMAR BISWAS AND ORS on 6 August 2026

Order

Office action with date and dated Signature of parties when necessary

06.08.2026 Counsel for the parties: Mr" Amit Gupta, Ld. Advocate for the applicant Bank. None for the defendants T.A./345 of 2O2O (arising out of O.A./733 of 2O1B) allowed and disposed of. Final Order / Judgment is in separate sheet of 6 pages File be consigned to record room. Order be uploaded on the Tribunal,s website.

(Arbind Madhav) presiding Officer DRT_2, Kotkata I Order with Signature

T A /345 o'12020 - DRI-2.Kol DEBTS RECOVERY TRIBUNAL .2, KOLKATA Jeevan Sudha Bldg. 07th Floor, 421C, J.L. Nehru Road, Kolkata -700071 Before Shri Arbind hav, Presidinq Officer T.A. No.345 of 2020 (arising out of O.A.1733 of 2018) ln the matter of Canara Bank (erstwhile Syndicate Bank) is a body corporate duly constituted underr the provisions of Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, having its Head Office at 112, Jaya Chamarajendra Road, Bengaluru - 560002 and carrying on business, tnfer-alia, at its Jadavpur Branch, 3, Central Road, P.S.- Jadavpur,

..Applicant Bant< -Versus-

1. Amit Kumar Biswas, Son of Sri Jnanendra Nath Biswas, Flat No.3D, 03'd l:loor, Sunibas Apartment, 42A, Baishnabghata Road, Kolkata - 700047.

2. Smt. Rita Biswas, Wife of Sri Amit Kumar Biswas, Flat No.3D, 03'd Floor, Sunibas Apartment, 42A, Baishnabghata Road, Kolkata - 700047 .

3. Shib Sankar Paul, Son of Late Anil Kumar Paul, Madhav Niloy, Srinagar [Vlain Fload, Kolkata - 700094.

4. Goutam Dey, Son of Late Bidyadhar Dey, Madhav Niloy, Srinagar Main Fload,

5. Smt. Sampa Roy, Wife of Late Ratan Kumar Roy,22, Avenue South, Santosl'rpur, P.S.- Purba Jadavpur, Kolkata -700075.

6. Smt. Bpasa Raha (Roy), Wife of Sri Soumitra Raha, daughter of Late Ratan Kumar Roy, 22, Avenue South, Santoshpur, P.S.- Purba Jadavpur, Kolkata - 700075.

7. Smt. Chaitali Roy, Daughter of Late Ratan Kumar Roy,22, Avenue South, Santoshpur, P.S.- Purba Jadavpur, Kolkata -700075-

8. Miss Aparna Roy, Daughter of Late Ratan Kumar Roy, 22, Avenue South, Santoshpur, P.S.- Purba Jadavpur, Kolkata -700075.

g. Sri Tapas Roy, Son of Late Ratan Kumar Roy,22, Avenue South, Santoshpur, P.S.- Purba JadavPur, Kolkata -700075. Defendants Counsel for parties: For the Applicant Bank For the Defendants tr/r. Amit Gupta Ex-Parte. L ORDER / JUDGMENT ---Yo Delivered on 06.08.2026

T A./345 o'f 2020 - DR t-2.Kol Applicant (Canara Bank), erstwhile Syndicate Bank instituted the present Application being the Original Application No.733 of 2018 filed in DRT-3, Kolkata on 20.08.2018 against nine Defendants under Section 19(1) of the Recovery of Del>ts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.29,85,695.51 (Rupees twenty nine lakh eighty five thousand six hundred ninety five and paise fifty one) inclusive of interest calculated upto 31 .07.2018 along with interest, interim interest and interest on judgment @ 12.35% per annum compounded with monthly rests on and from 01.08.2018, till realization. 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/DRATlKOLl20lB(pt.) 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 renumtlered as T.A./ 345 of 2020 vide Ld. Registrar's order dated 11.06.2020.

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 as Canara Bank instead of Syndicate Bank.

3. ln accordance with the Notice dated 30.07.2020 of this Tribunal, Ld. Advocate for Canara Bank has filed a petition being l.A.l07 of 2021 dated 07.01.2021 praying for amendment of Cause Title 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 title 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.

4. The brief facts of the case as set out by the applicant Bank in its OriginalApplication, as under:

(i) The Defendant No.1 & 2 are the husband and wife and approached the applicant Bank with an application for availing of housing loan for purchase of Flat. The defendant No.2 is the guarantor. The defendants No.3 & 4 are the developers of the said property duly constructed. The defendants No.5 & 9 are the owners of the land on which the schedule property was constructed. The defendants No.3 to t had agreed to well the scheduled mentioned Flat to the defendant No.1 . The defendants No.3 & 4 have received the sale consideration from the applicant for Flat agreed to be sold to Defendant No.1. Copy of the application for sanction of Housing Loan dated 01.11.2004, particulars of assets and liabilities Nos. 1 & 2 dated 24.11.2004 and 22.11.2004, Agreement for Sale dated Z4.OB.2OO4 and other land documents are annexed and collectively marked with letter,A-1,. The defendants No.3 & 4 entered into a Tripartite Agreement with the applicant Bank undertook to register thee property in favour of defendant No.1 ; the Agreement dated 24.11 .2004 was entered into between the defendants No.1 , 3 & 4 and the applicant Bank ,6

T.A./345 of 2020 - DRT-2.Kol on dated 24.11.2004; copy of said Agreement is annexed and marked with Lettet'A-2'. Upon consideration of loan application, applicant Bank was pleased to grant / sanction a housing loan for a sum of Rs.6,80,000/- (Rupees six lakh eighty thousand) in favour of the defendants, vide sanction letter dated 24.11.2004. The said loan was to be repaid in 216 equated monthly installments @ Rs.5950/- per month. Copy of sanction letter dated 24.11.2004 is annexed and marked with Letter 'A-3'.

(ii) ln consideration of the aforesaid housing /Term Loan facility, the defendants No.1 & 2 duly executed the following loan / security documents in favour of applicant Bank.

(a) Two numbers Money Receipts for Rs.3,75,000/- and Rs.2,30,000/- dated 24.11 .2004 & 27 .11 .2004 respectively executed by defendant No.1 ; (b) Housing Loan Agreement dated 24.11 .2004 executed by defendants No. 1 & 2,

(c) Money Receipts dated 24.11.2004, 27.11.2004 and 21.12.2004 for Rs.3,75,000/-, Rs.2,30,000/- and Rs.27,000i- respectively issued by defendants No.3 & 4. Copies of said documents are annexed and marked as Annexure'A-4', 'A-5' &'4-6' respectively.

(iii) The defendants No.3 & 4 in acknowledgement of the receipt of the entire sale consideration of the Flat from the applicant Bank, who paid on behalf of the defendant No.1, failed to hand overthe physical possession of the Flatto the defendant No.1. The defendants No.3 & 4 still not register the Flat in the name of defendant No.1 as undertaken by the said Agreement for Sale and as per Tripartite Agreement and financed by the applicant Bank. By several letters, applicant Bank requested the defendant No.1 to get registerthe sale deed in his favour. The defendants No.1 & 2 replied the said notices and undertakes to pay the instalment amount to take steps to register the deed in his name. The defendants No.3 & 4 also replied the letters of the defendant No.1 with copies to the applicant Bank. Copies of letters issued by the defendants No.1 &2 dated 21.03.2005, 20.04.2005, 09.08.2005, 1 4.10.2005 & 09.11.2005,|etters dated 02.08.2005 & 23.08.2005 of defendants No.3 & 4 and letters dated 03.08.2005, 11.08.2005 & 17.10.2005 are annexed and marked with letter 'A-7','A-B' & 'A-9' respectively.

(iv) The defendants from time to time acknowledged and admitted their debt / liabilities by executing the Acknowledgement of Debt dated 14.10.2005, 14.12.2005,08.05.2007, 04.03.2009, 31 .01.2012 and 21.08.2015 in favour of applicant Bank; copies of said Acknowledgement of Debt / Security letters are annexed and collectively marked with letter 'A-1 1',. S. The Defendants enjoyed the aforementioned home loan facility by opening Account in Bank's Jadavpur Branch, 3, Central Road, Kolkata -700032. However, the defendants failed and neglected to abide by the terms and conditions of the said loan facility. The Defendants did not repay the agreed EMls and overdue interests in loan Account. lnspite of repeated requests made by applicant Bank, the defendants failed to regularize the loan Account. Since the defendants did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. Thereafter, the applicant Bank -L/tu

T.A./345 ot 2020 - DRT-2.Kol issued demand notice dated 13.10.2009 upon the defendants demanding to repay the outstanding Bank's dues, but the defendants did not comply the said notice; copy of said notice 13.10.2009 is annexed and marked as Letter 'A-10'. The applicant Bank finding no other alternative issued legal demand notices dated 13.07.2018 & 16.08.2018 upon the defendants through its Advocate calling upon them to pay the outstanding loan amounts with further interest thereon, but allwere in vain; copies of said legal demand notices dated 13.07.2018 and 16.08.2018 together with postal receipts and acknowledgement due records are annexed and collectively marked with Letter 'A-12'. Certified copies of Statement of Account along with Certificate under Bankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'A-13' & 'A-14'), and interest, interim interest and interest on judgment @ 12.35o/o per annum compounded with monthly rests, on and from 01 .08.2018. till realization, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The notices / summons were sent to the Defendants No.1 to 9 by the Tribunal. lt is observed from S/R on affidavit dated 27.02.2024 and its enclosures that service of summons only upon the Defendants No.4 & 5 is complete, such has been recorded vide order dated 16.04.2024. At the request of Ld. Advocate of the applicant Bank, Ld. Tribunal is directed to serve the summons upon the defendants No.1 to 3 & 6 to 9 by way of paper publication vide Ld. Registrar's order dated 07.08.2024, and Ld. Advocate for applicant Bank has brought on record the affidavit of service on publication dated 04.11.2025 upon the said Defendants along with relevant portion of paper cuttings in two newspapers, namely (i)'The Telegraph' in English and (ii) 'Bartaman' in Bengali, both dated 17.09.2025. Despite service, the defendants did not appear nor filed the written statement; thus, all the defendants were ordered to be proceeded ex-parte vide order dated 12.05.2026. Applicant Bank has filed the written notes of argument thereby 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 23.06.2026.

7. Applicant Bank has filed the evidence-on-affidavit / Affidavit-in-Chief affirmed by Pallab Banerjee, Branch [Manager of Bank's Jadavpur Branch, Kolkata - 700032 along with copy of original documents executed by the Defendants. Original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with O.A. and after verification the original documents have been returned to Ms. Anuva Mishra, Manager of Bank's Jadavpur Branch, Kolkata - 700032 on 27.08.2025, such has been recorded in Ld. Registrar's order dated 27.08.2025. The documents produced by applicant Bank are exhibited being Exhibit No. 'A' & 'A-1' to 'A- 14',. lhave heard the Ld. Advocate of the applicant Bank and perused the records.

8. 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 Housing Loan for

T.A./345 ot 2020 - DRT-2.Kol a sum of Rs.6,80,000/- vide sanction letter dated 24.11.2004. Applicant Bank has submitted the details of immovable property on which the Loan amount was sanctioned and disbursed; morefully described in Schedule at page 32 and para 34 at page 8 to 11 of the original application.

9. On the point of limitation, Loan has been sanctioned on 24.11.2004; documents have been executed on 24.11.2004; original Application has been filed on 20.08.2018. Further, the defendants duly executed time to time the Acknowledgement of Debt, the last of which was executed on dated 21.08.2015 in favour of applicant Bank acknowledging the outstanding balance in loan Account(s). As such, the original Application appears to have been filed well within the period of limitation.

10. Applicant Bank has stated that the outstanding balance in Housing / Term loan Account (inclusive of accrued interest and other charges as calculated upto 31.07.2018) is Rs.29,85,695.51 (Rupees twenty nine lakh eighty five thousand six hundred ninety five and paise fifty one) as on 31.07 .2018, which is the amount claimed by the applicant Bank In the original Application, and the defendants No.1 to 9 are liable to pay, jointly and/or severally, the said amount to the applicant Bank with pendente lite and future interest, till realization of the entire due in full. I allow the claim as made by applicant Bank in the originalApplication. Applicant Bank has prayed future interest, lnterim interest and interest on judgment @ 12.35o/o per annum compounded with monthly rests on and from 01 .08.2018, till realisation; while in the Housing Loan Agreement dated 24.11 .2004 the rate of interest @ |Yo per annum with monthly rests, has been mentioned. lt is seen that applicant Bank was pleased to sanction a house building loan in favour of defendants No.1 & 2; therefore, in my view, lhe pendente lite & future rate of interest @ B% per annum, simple, from 01 .08.2018, is allowed.

11. 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.1345 of 2O2O (arising out of O.A.U 33 of 2018) deserves to be allowed; hence allowed.

12. ln view of the above, I pass the following order :- ORD ER

(i) T.A./34 5 of 2O2O (arising out of O.A.733 of 2018), filed by applicant Bank, is allowed and debt is determined with cost against the Defendants No.1 to 9. lt is hereby ordered that the Defendants No.1 to 9 are hereby directed to pay, jointly and / or severally the total debt amount of Rs.29,85,695.51 (Rupees twenty nine lakh eighty five thousand six hundred ninety five and paise fifty one) due and payable, inclusive of interest and other charges as calculated upto 31.07.2018; and interest for the period pendente lite and future rate, i.e. @8Yo perannum, simple, from 01.08.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants 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 Defendants -^.-

T A /345 o'f 2020 - DRT-2 Kol No.1 to 9. Accordingly, the pendente lite and future interest shall be calculated on the reduced amount.

(iii) The defendants No.1 to g are debarred from transferring, alienating, encumbering or disposing of the immovable property on which the Loan amount was sanctioned and disbursed; described in Schedule at page 32 and para 34 at page B to 11 of the original application, are as under - "ALL THAT Flat No.102, having super built-up area of 640.267 sq ft on the South- Easf srde of the Ground Floor of the three storied building constructed on the Premises No.53/1, Lake East 6th Road, Santoshpur, Kolkata - 700075, Ward No.103, within the limits of the Kolkata Municipal Corporation of Mouza - Santoshpur, C.S. Khatian No.186, Hal R.S. Khatian No.38, under Part of C.S. Dag No.630 Hal, R.S. Dag No.700/1861 , P.S - Kasba, together with proportionate share in the land underneath and benefits of the said premises." The Defendants No.1 to 9 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 Defendants.

(iv) The defendants No.1 to 9 are given a time of sixty days from the date 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 properties, as aforesaid. Applicant Bank is also entitled to proceed against personal properties of the Defendants No.1 to 9 both moveable and immoveable and also proceed against the Defendants 1 to 9 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 Defendants No.1, 2,3, 4, 5, 6,7 , B & 9 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.

(vi) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the Defendants No.1, 2,3,4,5,6,7,8 & 9, 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./345 of 2020 (arising out of O.A./733 of 2018) is allowed and stands disposed of- This order is dictated and corrected by the undersigned and pronounced on this the 06th day of August, 2026. Copy of the Final Order / Judgment be uploaded in the Tribunal's Website (Arbind M Presiding Officer DRT-2, Kolkata ) tb