CANARA BANK vs ANANYA DAS on 12 June 2025

1. **Ananya Das**, Daughter of Kashi Nath Das, at 200, N.S. Road, Baruipur, Kolkata – 700103; and also at Collabra Technologies Private Ltd., Tower D, 6^th Floor, Subramanya Arcade, 12, Banner Ghatta Road, Bengaluru – 560076.

..... Defendant

Counsel for parties:

For the Applicant Bank : Mr. Sovan Kumar Dutta For the Defendant : *Ex-Parte***FINAL ORDER / JUDGMENT**

Delivered on 12.06.2025

Applicant, Canara Bank instituted the present Application being the Original Application No.461 of 2018 on 05.06.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.12,70,576.00 (Rupees twelve lacs seventy thousand five hundred seventy six) as on 14.04.2018 together with further interest @ 9.65% per annum compounded monthly, till payment in full together with 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/KOL/2018(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.A./335 of 2019 vide Ld. Registrar's order dated 30.10.2019.

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

(i) The defendant had applied and approached the applicant Bank for financial assistance for purchasing a new 'Mahindra XUV 500 W8' vehicle. Along with the application, the defendant had deposited to the applicant Bank – (a) Proforma / Quotation dated 22.04.2014 issued by Mohan Motor Business Pvt. Ltd. (b) Pay Slip for the month of January 2014 issued by Collabra Technologies Private Ltd., the employer of the defendant. Copy of loan Application dated 23.04.2014, Quotation dated 22.04.2014, Pay slip for the month of 2014 are enclosed and collectively marked as Annexure 'A'. On consideration of loan application, applicant Bank was pleased to grant / sanction a Term Loan of Rs.10,00,000/- (Rupees ten lakhs) in favour of the defendant vide sanction letter dated 23.04.2014. Copy of said sanction letter dated 23.04.2014 is annexed and marked as Annexure 'B'. The said was to be repaid in 72 months @ Rs.18,881/- per month w.e.f. May 2014. The said defendant acknowledged the terms and condition of said sanction by putting her signature.

(ii) In consideration of the applicant bank granting the said Term Loan of Rs.10.00 lakhs, the defendant executed and delivered the following security documents:

- (a) Canmobile Agreement dated 23.04.2014;

- (b) Particulars of Vehicles / Machinery / Equipment / Livestock etc. hypothecated dated 24.04.2014;

- (c) Particulars of Assets standing in the name of the applicant (borrower) dated 23.04.2014.

Copies of said documents are annexed and marked as Annexure "C", 'D' & 'E' respectively.

(iii) That as per the Proforma / Quotation dated 22.04.2014 of Mohan Motor Business Pvt. Ltd., wherefrom the said defendant proposed to purchase the 'Mahindra XUV 500' vehicle, and applicant Bank made payment in favour of the said company which issued payment confirmation dated 23.04.2014 and Money Receipts dated 19.06.2014, Delivery Challan dated 23.04.2014 to the applicant. Thereafter, the defendant registered the 'Mahindra XUV 500' vehicle before the Registering Authority, Alipore, South 24-Parganas vide Registration No. WB 20AG 0642, paid Govt. Taxes vide Receipt dated 25.04.2014, 02.05.2014, 20.05.2014 and on 23.04.2014 had also insured the vehicle to Royal Sundaram Alliance Insurance Co, Ltd. Copies of said payment confirmation, delivery challan, Money Receipts, Govt, Tax receipts and receipts of Insurance Co. are enclosed and collectively marked as Annexure 'F'.

(iv) The defendant executed and delivered the Acknowledgement of Debt and Security dated 21.12.2016 thereby acknowledged and confirmed the outstanding balance in loan Account for a sum of Rs.10,78,523/-. Copy of said Acknowledgement of Debt and Security is annexed and marked as Annexure 'G'.

3. The Defendant availed and enjoyed the said credit facility by opening Account in Bank's Behala Branch, at 8, Ramkrishna Sarani, P.S.- Behala, Kolkata – 700060. However, the defendant failed and neglected to operate the said Term Loan Account. The Defendant did not repay the agreed EMIs and overdue interests in loan Account. Since the defendant did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. on 24.12.2015. However, the defendant acknowledged her loan liability and promised for payment of instalments on time by way of a letter dated 18.11.2014, but she failed and neglected to repay the outstanding loan amount. Applicant Bank finding no other alternative issued demand Notice dated 28.12.2015 and lastly on 23.03.2018 calling upon her to pay the demanded sum, but she did not comply with the said notice. Copies of Letter of defendant dated 18.11.2014 and notices dated 28.12.2015 and 23.03.2018 are annexed and marked as Annexure 'H col.'. 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 'I'), and further interest @ 9.65% per annum compounded monthly rests from 15.04.2018, till payment in full together with costs, expenses etc., has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

4. The notice / summons was sent to the Defendant by the Tribunal; service of Notice / summons upon the Defendant by postal service and hand delivery has not been effected. At the request of Ld. Advocate of the applicant Bank, Ld. Tribunal was directed to serve the summons / notice upon the defendant by way of substituted service vide order dated 12.12.2022. Ld. Advocate for applicant Bank has brought on record the affidavit of service on publication dated 23.08.2023 upon the Defendant along with relevant portion of paper cuttings in two newspapers, namely (i) '*The Telegraph*' in English and (ii) '*Aajkal*' in Bengali, both dated 28.06.2023, such has been recorded vide Ld. Registrar's order dated 23.08.2023. 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 05.04.2024. Ld. Advocate of the applicant bank has filed the written notes of arguments on 30.08.2024 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 15.05.2025.

5. Applicant Bank has filed the evidence-on-affidavit affirmed by Sri Shantanu Das, Branch Manager of Bank's Behala Branch, 8, Ramkrishna Sarani, Vivekananda Pally Co-operative Store Pvt. Ltd., Kolkata – 700060 along with the copy of documents executed by the Defendant. Copy of documents have been produced by the applicant Bank; the same have been verified with copies of the documents annexed with O.A. and after verification the same have been returned to Mr. Shahab Alam, Sr. Manager of Bank's Behala Branch, 8, Ramkrishna Sarani, Kolkata – 700060 on 19.02.2020 such has been recorded in Ld. Registrar's order dated 19.02.2020. The documents produced by the applicant Bank are exhibited and annexed at 'A-1' to 'A-9'.

I have heard the Ld. Advocate of the applicant Bank and perused the records.

1. 6. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, unrebuted 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 Term Loan of Rs.10,00,000/- vide sanction letter dated 23.04.2014. Applicant Bank has proved the hypothecation movable assets – vehicle being Registration No. WB 20AG 0642, described in Schedule at page 14 and para III.A at page 6 of the original application.

2. 7. On the point of limitation, Loan has been sanctioned on 23.04.2014; security documents have been executed on 23.04.2014 & 24.04.2014; and original Application has been filed on 05.06.2018. Further, the defendant executed and delivered the Acknowledgement of Debt and Security dated 21.12.2016 acknowledging the outstanding balance in loan Account(s). As such, the original Application appears to have been filed well within the period of limitation.

3. 8. Applicant Bank has stated that the outstanding balance in Term Loan Account (inclusive of accrued interests and other charges as calculated upto 14.04.2018) for a sum of **Rs.12,70,576.00** (Rupees twelve lacs seventy thousand five hundred seventy six) as on 14.04.2018, which is the amount claimed by the applicant Bank in the original Application, and the defendant is 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 original Application. Applicant Bank has prayed future interest @ 9.65% per annum, while in the sanction letter dated 23.04.2014 the rate of interest @ 10.70% per annum, compounded monthly rests, has been mentioned. Therefore, in my view, the *pendente lite* & future rate of interest which have been claimed by applicant Bank in Original Application, i.e. @ 9.65% per annum, with quarterly rests, from 15.04.2018, is allowed.

4. 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./335 of 2019 (arising out of O.A./461 of 2018) deserves to be allowed; hence allowed.

5. 10. In view of the above, I pass the following order :-

ORDER

(i) T.A./335 of 2019 (arising out of O.A./461 of 2018), filed by the applicant Bank, is allowed and debt is determined with cost against the sole Defendant. It is hereby ordered that the Defendant is hereby directed to pay the total debt amount of **Rs.12,70,576.00** (Rupees twelve lacs seventy thousand five hundred seventy six) due and payable, inclusive of interest and other charges as calculated upto 14.04.2018; and interest for the period *pendente lite* and future rate @ 9.65% per annum, with quarterly rests, from 15.04.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendant in the loan account or amount, if any, recovered by the 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 lite* 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, as under –

*"All That Hypothecated properties of the Defendant such as Mahindra XUV 500 W8 vehicle, having Engine No. HJE4C17604, Chasis No. MA1YT2HJUE6C12301, Registration No. WB 20AG 0642, white colour, stands, parked in the house / garage of the Defendant at 200, N.S. Road, Baruipur, Kolkata – 700103, or at workshop or found plying anywhere else."*

The Defendant is also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to him till the aforesaid adjudicated debt amount are recovered from the Defendant.

(iv) The defendant is given a time of forty-five days from the date of this Final Order / Judgment for repayment of the above mentioned dues, so intimated to him. In 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 properties of the Defendant both moveable and immovable 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 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.

(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 1993.

**Accordingly, the Original Application, being T.A./335 of 2019 (arising out of O.A./461 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 12^th day of June, 2025.

Copy of the Final Order / Judgment be uploaded in the Tribunal's Website.

(Arbind Madhav) Presiding Officer DRT-2, Kolkata

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