CANARA BANK vs MR ASHOK SARKAR on 31 October 2025

Page.No.**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2****ORDER SHEET**

(Continuation)

Canara Bank

T.A./215 of 2019

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

Vs

Mr. Ashok Sarkar

<table border="1"> <thead> <tr> <th data-bbox="125 188 200 255">Date of Order</th> <th data-bbox="200 188 770 255">Order with Signature</th> <th data-bbox="770 188 899 255">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="125 255 200 920"> 19<br/> 31.10.2025 </td> <td data-bbox="200 255 770 920"> <p>Counsel for the parties:</p> <p>Ms. Gitasree Chattopadhyay, Ld. Advocate representing<br/> Ms. Mekhala Kanji, Ld. Counsel for the applicant Bank.<br/> None for the defendant.</p> <p>T.A./215 of 2019 (arising out of O.A./283 of 2018) is allowed and disposed of.</p> <p>Final order / Judgment is in separate sheet of 5 pages.<br/> File be consigned to record room.<br/> Order be uploaded on the Tribunal's website.</p> <div style="text-align: right;"> <br/> (Arbind Madhav)<br/> Presiding Officer<br/> DRT-2, Kolkata </div> </td> <td data-bbox="770 255 899 920"></td> </tr> </tbody> </table>

1

T.A./215 of 2019 – 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. 215 of 2019** (arising out of O.A./283 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 Registered Office at 112, J.C. Road, Bengaluru – 560002, and carrying on business, *inter-alia*, having its Baguiati Branch, 1B/3, Hatiara Road, Ashwini Nagar, Baguiati, P.S.- Baguiati, Kolkata – 700059.

..... Applicant Bank

-Versus-

**1. Mr. Ashok Sarkar**, 2 No. Niranjan Pally, Rajarhat Gopalpur, Airport, North 24-Parganas, Kolkata – 700136.

..... Defendant

Counsel for parties:

For the Applicant Bank : Ms. Mekhala Kanji For the Defendant : *Ex-Parte*

**FINAL ORDER / JUDGMENT**

Delivered on 31.10.2025

Applicant, Canara Bank instituted the present Application being the Original Application No.283 of 2018 filed in DRT-3, Kolkata on 20.04.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.11,24,651.00 (Rupees eleven lacs twenty four thousand six hundred fifty one) with interest upto 29.03.2018 @ 10.15% per annum and *pendenti lite* and future interest from 30.03.2018 @ 10.15% per annum at monthly rests,, till full realization. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide 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 19.10.2019 and the same has been renumbered as T.A./215 of 2019 vide Ld. Registrar's order dated 26.10.2019.

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

(i) That the Defendant had approached and applied before the applicant Bank for purchase of an Eicher 10.90 L BS-III being Reg. No.WB25F5378 vide loan Application dated 19.12.2014. Upon consideration of loan application, applicant Bank was pleased to grant / sanction a Term Loan of Rs.12,29,000/- (Rupees twelve lacs twenty nine thousand) to the defendant vide sanction Memorandum dated 19.12.2014 on certain terms and condition which were accepted by the defendant. Copy of loan application and sanction Memorandum both dated 19.12.2014 are annexed and marked with Annexure 'A' & 'A-1'.

(ii) In consideration of the aforesaid term loan facility of Rs.12.29 lacs, the defendant executed the following security documents all dated 19.12.2014 in favour of applicant Bank:

- (a) Pronote for Rs.12,29,000/-;

- (b) Letter of undertaking Re: Loans / Advances;

- (c) Deed of Hypothecation Re: Vehicle.

Copy of said documents are annexed and marked as Annexure 'B', 'B-1' & 'B-2'.

(iii) The defendant acknowledged his debt & liabilities by executing Acknowledgement of Debt & Security dated 17.02.2017 confirming the outstanding balance for an amount of Rs.12,08,178/- as on 09.01.2017. Copy of said acknowledgement of debt & security dated 17.02.2017 is annexed and marked as Annexure 'C'.

3. The Defendant availed and enjoyed the said term loan facility by opening Account in Bank's Baguiati Branch, 1B/3, Hatiara Road, Baguiati, Kolkata – 700059. 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, the Account became out of order and was classified as N.P.A. on 21.04.2017. Since the defendant failed and neglected to make repayment of Bank's outstanding amount, applicant Bank compelled to issue demand notice dated 07.04.2018 upon the defendant demanding to repay the outstanding dues, but the defendant did not comply the said notice; copy of said demand notice dated 07.04.2018 along with postal receipt are annexed and marked as Annexure 'D'. 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 'E'), and *pendenti lite* and future interest from 30.03.2018 @ 10.15% per annum at monthly rests, till full realization, 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 S/R on affidavit dated 16.11.2023 that service of Notice / summons upon the Defendant by postal service has been successfully completed, such has been recorded vide Ld. Registrar's order dated 16.11.2023. 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 03.07.2024. Ld. Advocate of the applicant Bank has filed the written notes of arguments on 09.09.2025 wherein stated the brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant bank has submitted arguments on 10.09.2025.

5. Applicant Bank has filed the evidence-on-affidavit affirmed by Mrinal Chakraborty, Senior Manager of Bank's Baguiati Branch, 1B/3, Hatiara Road, Baguiati, Kolkata – 700059 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 Sri Ajay Kr. Chauhan, Branch Manager of Bank's Baguiati Branch, 1B/3, Hatiara Road, Baguiati on 14.01.2021, such has been recorded in Ld. Registrar's order dated 14.01.2021. The documents produced by applicant Bank are exhibited and annexed as Exhibit 'A' & 'A-1' to 'A-7'.

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, 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 facility of Rs.12.29 lacs vide sanction memorandum dated 19.12.2014. Applicant Bank has proved the hypothecated movable assets / property(s); described in Schedule 'A' at page 24 and para 3A at page 7 to 9 of the original application.

7. On the point of limitation, Loan has been sanctioned on 19.12.2014; security documents have been executed on 19.12.2014 and original Application has been filed on 20.04.2018. The defendant / borrower has acknowledged his debt & liabilities by executing Acknowledgement of Debt & Security dated 17.02.2017 acknowledging the outstanding balance in loan Account; as such, 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 29.03.2018) is **Rs.11,24,651.00** (Rupees eleven lacs twenty four thousand six hundred fifty one) as on 29.03.2018, 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 @ 10.15% per annum at monthly rests, till full realization, while in the Pro-note dated 19.12.2014 the rate of interest @ 10.20% per annum, has been mentioned. Therefore, the *pendente lite* & future rate of interest which has been claimed by applicant Bank in the original application, i.e. @ 10.15% per annum, with quarterly rests, from 30.03.2018, 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./215 of 2019 (arising out of O.A./283 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./215 of 2019 (arising out of O.A./283 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.11,24,651.00** (Rupees eleven lacs twenty four thousand six hundred fifty one) due and payable, inclusive of interest and other charges, as calculated upto 29.03.2018; and interest for the period *pendente lite* and future rate @ 10.15% per annum, with quarterly rests, from 30.03.2018, 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 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 / property(s); described in Schedule 'A' at page 24 and para 3A at page 7 to 9 of the original application, as under –

*"All That the Hypothecation by way of first and paramount charge in favour of the applicant Bank in respect of an Eicher 10.90 L, BS-III, Engine No. E483CDEF650587, Chassis No. MC217LRTOEF297405, Reg. No. WB25F5378."*

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, 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 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 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.

(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./215 of 2019 (arising out of O.A./283 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 31^st day of October, 2025.

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

31-10-25 (Arbind Madhav) Presiding Officer DRT-2, Kolkata

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