CANARA BANK vs SRI BIJOY THAKUR on 28 October 2025

Page No.

**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2** **ORDER SHEET** **(Continuation)**

T.A./358 of 2020

Canara Bank

Case No. \_\_\_\_\_

Vs

Sri Bijay Thakur

<table border="1"> <thead> <tr> <th data-bbox="132 191 205 258">Date of Order</th> <th data-bbox="205 191 778 258">Order with Signature</th> <th data-bbox="778 191 908 258">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="132 258 205 924"> 17<br/> 28.10.2025 </td> <td data-bbox="205 258 778 924"> <p>Counsel for the parties:</p> <p>Mr. Arya Banerjee, Ld. Advocate representing Mr. Rajendra Nathi Banerjee, Ld. Counsel for the applicant Bank.</p> <p>None for the defendant.</p> <p>T.A./358 of 2020 (arising out of O.A./785 of 2018) is allowed and disposed of.</p> <p>Final order / Judgment is in separate sheet of 5 pages.</p> <p>File be consigned to record room.</p> <p>Order be uploaded on the Tribunal's website.</p> <div style="text-align: right; margin-top: 20px;"> <br/> (Arbind Madhav)<br/> Presiding Officer<br/> DRT-2, Kolkata </div> </td> <td data-bbox="778 258 908 924"></td> </tr> </tbody> </table>

1

T.A./358 of 2020 – DRT-2/Kol

**DEBTS RECOVERY TRIBUNAL - 2, KOLKATA**

Jeevan Sudha Bldg. 07^th Floor, 42/C, J.L. Nehru Road, Kolkata – 700071

**Before Shri Arbind Madhav, Presiding Officer**

**T.A. No. 358 of 2020**

(arising out of O.A./785 of 2018)

**In 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*, at it's Alipore Branch, at 101/E, D.H. Road, P.O.- Alipore, P.S.- Alipore, Kolkata – 700027, Dist.- 24-Parganas (South), West Bengal.

..... Applicant Bank

-Versus-

**1. Sri Bijay Thakur**, Son of Sri Ranju Thakur, J-581, Paharpur Road, Garden Reach, Kolkata – 700024.

..... Defendant

Counsel for parties:

For the Applicant Bank : Sri Rajendra Nath Banerjee For the Defendant : *Ex-Parte*

**FINAL ORDER / JUDGMENT**

Delivered on 28.10.2025

Applicant, Canara Bank instituted the present Application being the Original Application No.785 of 2018 filed in DRT-3, Kolkata on 09.10.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.20,32,482.00 (Rupees twenty lacs thirty two thousand four hundred eighty two) interest calculated upto 31.07.2018 and further interest @ 13.15% per annum compounded monthly from 01.08.2018, till realization in full. 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 30.10.2019 and the same has been renumbered as T.A./ 358 of 2020 vide Ld. Registrar's order dated 20.06.2020.

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

v,

(i) That the Defendant had applied and approached before the applicant Bank for sanction a loan vide application dated 26.12.2013. Upon consideration of loan Application, applicant Bank was pleased to grant / sanction a Term Loan (LHV) of Rs.20,86,000/- (Rupees twenty lacs eighty six thousand) in favour of the defendant vide sanction letter dated 31.12.2013 on certain terms and condition mentioned the said sanction letter. Copy of loan application dated 26.12.2013 and sanction letter dated 31.12.2013 are annexed and marked with Letters 'AW-1' & 'AW-2'. The said term loan was to be repaid in 72 EMIs @ 41,939/- each commencing after a moratorium period of 3 months from the date of disbursement. The primary security was the hypothecation of vehicle as a charge against the said loan of Rs.20,86,000/- plus interest thereon and other charges.

(ii) In consideration of the aforesaid Term Loan facility of Rs.20.86 lakhs, the defendant executed the following security documents all dated 31.12.2013:

- (a) Deed of Hypothecation;

- (b) Letter of Undertaking re: Loans/Advances.

Copy of said documents are annexed and marked with Annexure 'AW-3' & 'AW-4'.

(iv) The defendant has acknowledged and admitted his debt & liabilities by executing 'Acknowledgement of Debt & Security' dated 01.11.2016 acknowledging the outstanding balance in loan Account(s); copy of said acknowledgement of debt & liability dated 01.11.2016 is annexed and marked with Annexure 'AW-5'.

3. The Defendant availed and enjoyed the said Term Loan facility by opening Account in Bank's Alipore Branch, 101/E, D.H. Road, P.O.- Alipore, Kolkata – 700027. 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 agreed EMIs and overdue interests in loan Account. Since the defendant did not pay any attention to regularize the Account inspite of repeated requests and personal contact made by the Applicant Bank, the Account became out of order and was classified as N.P.A. on 02.05.2017. However, these requests were ignored by the defendant and the applicant Bank finding no other alternative issued demand notice dated 01.09.2018 upon the defendant through its Advocate demanding to repay the outstanding Bank's dues, but the defendant did not comply the said notice; copy of said demand letter dated 01.09.2018 is annexed and marked as Annexure 'AW-7'. Certified copies of Statement of Account along with Certificate under Bankers' Books of Evidence Act, with Statement of Claim, have been filed to show and prove the dues (Annexure 'AW-6'), and future interest @ 13.15% per annum compounded monthly from 01.08.2018, till realization in full, 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. It is seen from the affidavit of service dated 09.12.2021 that service of Notice / summons upon the Defendant by postal service has been successfully delivered, such has been recorded vide Ld. Registrar-in-Charge's order dated 09.12.2021. Despite service, the sole defendant did not appear nor filed the written statement; thus, the defendant is hereby ordered to be proceeded *ex-parte*. Ld. Advocate of the applicant Bank has filed the Bankers' Certificate on 06.02.2024. Written notes of argument on behalf of applicant Bank has been filed on 03.07.2024 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 03.09.2025.

5. Applicant Bank has filed the evidence-on-affidavit affirmed by Ravi Shankar Jaiswal, Manager of Bank's Alipore Branch, P.S.- Alipore, Kolkata – 700027 along with 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 Sri Ravi Shankar Jaiswal, Manager of Bank's Alipore Branch, P.S.- Alipore, Kolkata – 700027 on 24.03.2021, such has been recorded in Ld. Registrar's order dated 24.03.2021. The documents produced by applicant Bank are exhibited and annexed at 'AW-1' to 'AW-8'.

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, unrebutted 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 (LHV) of Rs.20,86,000/- vide sanction letter dated 31.12.2013. Applicant Bank has proved the hypothecated movable assets (vehicle), described in Schedule at page 14 & Annexure AW-8 at page 56 and para 3A at page 4 of the original application.

7. On the point of limitation, Loan has been sanctioned on 31.12.2013, security documents have been executed and delivered on 31.12.2013 and original Application has been filed on 09.10.2018. The defendant acknowledged his debt and liability by executing an Acknowledgement of debt & security dated 01.11.2016 acknowledging the outstanding balance in loan account(s). Hence, the original Application appears to have been filed well within the period of limitation.

8. Applicant Bank has stated that the outstanding balance in Term Loan Account (inclusive of accrued Interest and other charges as calculated upto 31.07.2018) is **Rs.20,32,482.00** (Rupees twenty lacs thirty two thousand four hundred eighty two) as on 31.07.2018, which is the amount claimed by 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 applicant Bank in the original Application. Applicant Bank has prayed future interest @ 13.15% per annum compounded monthly from 01.08.2018, while in sanction letter dated 31.12.2013 the rate of interest @ 11.95% per annum, has been mentioned. Therefore, in my view, the *pendente lite* & future rate of interest @ 11.95% per annum, with quarterly rests, from 01.08.2018, is allowed.

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./358 of 2020 (arising out of O.A./785 of 2018) deserves to be allowed; hence allowed.

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

**ORDER**

(i) T.A./358 of 2020 (arising out of O.A./785 of 2018), filed by 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.20,32,482.00** (Rupees twenty lacs thirty two thousand four hundred eighty two) 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 @ 11.95% per annum, with quarterly rests, from 01.08.2018, 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 applicant Bank after filing of 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 (vehicle), described in Schedule at page 14 & Annexure AW-8 at page 56 and para 3A at page 4 of the original application, as under –

"All That hypothecation of Vehicle Model: Tata Motors LPT 2518/48TC, Chassis No. MAT 448033E2A00892, Engine No. B5.91803241A63357999, Registration No. WB."

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 sixty 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, 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./358 of 2020 (arising out of O.A./785 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 28^th day of October, 2025.

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

28.10.25

(Arbind Madhav) Presiding Officer DRT-2, Kolkata

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