CANARA BANK vs SRI BRIJESH KUMAR SINGH on 6 November 2025

Page No.

KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

T.A./228 of 2020

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

Canara Bank

Vs Sri Brijesh Kumar Singh

<table border="1"> <thead> <tr> <th data-bbox="85 231 163 298">Date of Order</th> <th data-bbox="163 231 768 298">Order with Signature</th> <th data-bbox="768 231 896 298">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="85 301 163 944"> 16<br/>06.11.2025 </td> <td data-bbox="163 301 768 944"> <p>Counsel for the parties:</p> <p>Ms. Sangeetha Ghosh, Ld. Advocate representing <i>Amicus Legal Associates</i> for the applicant Bank.</p> <p>None for the defendant.</p> <p>T.A./228 of 2020 (arising out of O.A./692 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="768 301 896 944"></td> </tr> </tbody> </table>

1

T.A./228 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. 228 of 2020**

(arising out of O.A./692 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*, having their branch office at Old Calcutta Road, Railway Gate No.14, Barrackpore, P.S.- Titagarh, Kolkata – 700122, known as 'Barrackpore Branch'.

..... Applicant Bank

-Versus-

**1. Sri Brijesh Kumar Singh**, Son of Chandra Bali Singh, B.L. No.1, H. No.9, Jagatdal Basti, P.O. & P.S.- Jagatdal. Dist.- 24-Parganas (North), Pin – 743125, West Bengal.

..... Defendant

Counsel for parties:

For the Applicant Bank : Ms. Sangeetha Ghosh. Amicus Legal Associates For the Defendant : *Ex-Parte*

**FINAL ORDER / JUDGMENT**

Delivered on 06.11.2025

Applicant, Canara Bank instituted the present Application being the Original Application No.692 of 2018 filed in DRT-3, Kolkata on 17.08.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.12,10,366.00 (Rupees twelve lacs ten thousand three hundred sixty six) as on 20.07.2018 together with further interest thereon @ 10.55% per annum from 21.07.2018, 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./ 228 of 2020 vide Ld. Registrar's order dated 22.11.2019.

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

(i) The defendant had approached the applicant Bank in the month of August, 2015 with a request for financial assistance in the nature of Term Loan facility for an amount of Rs.14,50,000/- for purchasing a Ashok Leyland Bus vide application dated 19.08.2015. Copy of said loan Application dated 19.08.2015 is annexed and marked as Annexure 'A'. Relying upon the representation made by the defendant, applicant Bank was pleased to grant / sanction the credit facility in the nature of Vehicle Loan for the limit of Rs.14,50,000.00 (Rupees fourteen lacs fifty thousand) in favour of the defendant vide sanction memorandum dated 19.08.2015 against hypothecation of defendant's vehicle to be purchased. The defendant has duly accepted and agreed to the terms and condition of the said sanction. Copy of said duly accepted sanction memorandum dated 19.08.2015 along with specimen signature card are annexed and marked as Annexure 'B'.

(ii) In consideration of granting the said Vehicle Loan of Rs.14.50 lacs, the defendant executed and delivered the following security documents all dated 19.08.2015 in favour of applicant Bank:

- (a) Letter of Undertaking Re: Loans / Advances;

- (b) Deed of Hypothecation Re: Vehicles for an amount of Rs.14,50,000/- along with particulars of vehicle / machineries / equipments / livestock etc., hypothecated;

- (c) Particulars of the assets of the borrower submitted by the defendant at the time of sanction of loan.

Copies of said documents are annexed and marked as Annexure 'C-1', 'C-2' & 'C-3'.

(iii) The defendant registered the financed vehicle with R.T.O. 24-Parganas(North), Barrackpore on dated 15.03.2016. The detailed of the financed vehicle is described in Schedule 'A' at page 17 and para 3A at page 3 to 5 of the original application. Copy of Certificate of Registration is annexed and marked as Annexure 'D'.

(iv) By virtue of default made by the defendant, the Deed of Hypothecation Re: Vehicles dated 19.08.2015 was terminated and the applicant Bank took possession of the vehicle hypothecated in the applicant Bank. After taking possession of the hypothecated vehicle, the applicant Bank sold the said vehicle by way of public auction held on 27.03.2018 for an amount of Rs.6,02,000/- (Rupees six lacs two thousand). Upon receipt of Rs.6,02,000/- as sale proceeds for the hypothecated vehicle from the successful bidder, applicant Bank has issued 'No Objection' dated 17.04.2018 to the Registering Authority, Barrackpore Motor Vehicles' for conversion of ownership of hypothecated vehicle in favour of auction purchaser. Copy of No Objection dated 17.04.2018 is annexed and marked as Annexure 'E'. After adjusting the sale proceeds of Rs.6,02,000/- in the loan account of defendant on 17.04.2018, there is still an outstanding amount of Rs.12,10,366.00 as on 20.07.2018 due and payable by the defendant.

3. The Defendant availed and enjoyed the said Loan facility by opening Account in Bank's Barrackpore Branch, at Old Calcutta Road, Barrackpore, Kolkata – 700122. However, the defendant committed breach of terms and conditions of the agreement and made defaults in payment even after several requests from the applicant Bank. The Defendant did not repay the outstanding Bank's dues 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 18.09.2016. The applicant Bank finding no other alternative issued re-call demand Notice dated 07.08.2018 upon the defendant through their Advocate calling upon him to repay the outstanding amount of Rs.12,10,366.00 as on 20.07.2018, but the defendant did not comply the said notice; copy of said re-call notice dated 07.08.2018 along with postal receipts are annexed and marked as Annexure 'F'. 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 'G' & 'H'), and future interest @ 10.55% per annum thereon from 21.07.2018 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 sole Defendant by the Tribunal. It is seen from the Affidavit of service dated 25.07.2022 that service of Notice / summons upon the Defendant by postal service / hand delivery has been successfully effected, such has been recorded vide Ld. Registrar's order dated 25.07.2022. The matter was listed before the Bench of 'Lok Adalat' dated 24.06.2023 and 09.03.2024 but the defendant / borrower was found absent on the said dates. Despite service, the defendant did not appear nor filed the written statement; thus, the defendant was ordered to be proceeded *ex-parte* vide order dated 13.06.2024. Applicant Bank has filed the written notes of arguments on dated 13.06.2024 thereby 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 04.09.2025.

5. Applicant Bank has filed the evidence-on-Affidavit affirmed by Ms. Shivani Singh, Manager of Bank's Barrackpore Branch, at Old Calcutta Road, Barrackpore, Kolkata – 700122 along with copy of documents executed by the Defendant. Copy of 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 same have been returned to Ms. Sudipta Roy, Officer of Bank's Barrackpore Branch, at Old Calcutta Road, Barrackpore, Kolkata – 700122 on 25.07.2022, such has been recorded vide Ld. Registrar's order dated 25.07.2022. The documents produced by 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.

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 Vehicle Loan of Rs.14,50,000/- vide sanction memorandum dated 19.08.2015. Applicant Bank has proved the hypothecated movable assets – Vehicle, described in Schedule 'A' at page 17 and para 3A at page 3 & 4 of the original application.

7. On the point of limitation, Loan has been sanctioned on 19.08.2015; security documents have been executed on 19.08.2015 and original Application has been filed on 17.08.2018. 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 Loan Account (inclusive of accrued interests and other charges as calculated upto 20.07.2018) for a sum of **Rs.12,10,366.00** (Rupees twelve lacs ten thousand three hundred sixty six) as on 20.07.2018, which is the amount claimed by applicant Bank in the original Application, and the sole defendant is liable to repay the said amount to the applicant Bank with *pendente lite* and future interest, till realization of entire dues. I allow the claim as made by the applicant Bank in the original Application. Applicant Bank has prayed further interest thereon @ 10.55% per annum from 21.07.2018, till realization in full, while in sanction Memorandum dated 19.08.2015 the rate of interest @ 10.70% per annum compounded monthly rests, has been mentioned. Therefore, the *pendente lite* & future rate of interest which has been claimed by applicant Bank in the original application, i.e. @ 10.55% per annum, with quarterly rests, from 21.07.2018, is allowed.

9. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved to claim made in the O.A. Hence, the O.A./T.A. being T.A./228 of 2020 (arising out of O.A./692 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./228 of 2020 (arising out of O.A./692 of 2018), filed by applicant Bank, is allowed and debt is determined with cost against the Defendant. It is hereby ordered that the Defendant is hereby directed to pay the total debt amount of **Rs.12,10,366.00** (Rupees twelve lacs ten thousand three hundred sixty six) due and payable, inclusive of interest and other charges as calculated upto 20.07.2018; and interest for the period *pendente lite* and future rate @ 10.55% per annum, with quarterly rests, from 21.07.2018, 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 hypothecated movable assets – vehicle, described in Schedule 'A' at page 17 and para 3A at page 3 to 5 of the original application; "Registration No. WB 23D 5869, Type of Vehicle – Bus, Maker's Name – Ashok Leyland Ltd., Manufacture Year – 2015, Chassis No. MB1PEEAOFAXE8955, Engine No. FYEZ205010."

It is pertinent to mention that applicant Bank sold the said vehicle by way of public auction held on 27.03.2018 for an amount of Rs.6,02,000/-. Upon receipt of Rs.6,02,000/- as sale proceeds from the successful bidder, applicant Bank has issued 'No Objection' dated 17.04.2018 to the Registering Authority, Barrackpore Motor Vehicles for conversion of ownership of hypothecated vehicle in favour of auction purchaser. After adjusting the sale proceeds of Rs.6,02,000/- in the loan account of defendant on 17.04.2018, there is still an outstanding amount of Rs.12,10,366.00 as on 20.07.2018 due and payable by the defendant.

The Defendant is 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 also entitled to proceed against personal properties of the Defendant both moveable and immovable and also proceed against the 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 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./228 of 2020 (arising out of O.A./692 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 06^th day of November, 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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