CANARA BANK vs RAM LOUT KORI AND ORS on 30 January 2026

JUDGEMENT

1. The Appltcant Bank fited an O.A. No. 237 of 2012 before DRT -2, Kotkata on 16/0212012. subsequenuy, transferred to DRT -3 Korkata being re number as TA No. fN176/2O13 for recovery of a total sum ofRs. 11,14,g4t.27/_ (Rupees Eleven Lac Fourteen Thousand Nine Hundred Forty One and Twenty Seven patse only) from the Defendants towards Housing Loan Facilities together with interest, cost and other usual retiefs. -Versus-

1. l4R, RAM LOUT KORI, Son of Late Ramdhin Kori, residtng at t614, Haru Mistri Lane, p.O._ B. Garden, P,S.- Shibpur, District- Howrah, pin- 711 103.

2. MR. PETER TOPNO, son of Late panter Topno, residing at 107/3, (fype- U) Jenyns Road Railway Colony, Liluah, Howrah- 711 204, (Now Deceased). 2a. Mrs. Anastasia Topno, Wife of Late peter Topno, residing at 6OD, Finalay Road, Railway Colony, P,O. & P.S.- Lituah, Howrah- 711 204. 2b. Shri Bijay Nicotus Topno, Son of Late peter Topno, residing at 6OD, Finatay Road, Railway Colony, p.O. & p.S.- Liluah, Howrah- 711 204. 2c. Ms. Jedan Topno, Daughter of Late peter Topno, residing at 6OD, Finalay Road, Railway Colony, P.O. & p,S.- Lituah, Howrah- 711 204.

3. GHOSH CONSTRUCTION, a partnership Firm, represented by its p.oprietor Sri Goutam thgsh, s:n of Srt A.K. Ghosh, having its Registered Office at 24, Laha Babu Shire Road, Belurmath, Howrah- 711 102.

2, The Defendants are served wlth summons. The defendants did was no representation from the defendants, the case was fixed for 30/01/2026, and heard ex-parte accordingty. not appear, as there ex-parte hearing on

3. The Applicant Bank examined 20 documents through Mr. Amarnath Naskar, (9234g) Officer of Canara Bank, ARM branch, Kolkata marked as Exhtbit Annexure _A to Exhibit Annexure -X. i. Annexure- A- Loan Appltcation dated 25.01.2005. li. Annexure- A-1- Letter dated 28.01.2005. lli. Annexure- B- Sanction Letter dated 31.01.2005. iv. Annexure- C- Term Loan Agreement lamit of Rs. 8.OO lakhs dated 31.01.2005. v. Annexure- C-1- Consent letter executed by defendant no, 1 dated 31.01.2005.

vi. ' Annexure- C-2- Consent letter executed by defendant no. 2 dated 31.01.2005,

vii. Annexure- C-3- Tripartite Agreement dated 31.01.2005,

viii. Annexure- D- Letter of Gurantee dated 31.01.2005. ix, Annexure- E- General power of Attorney dated 22.09.2004. x. Annexure- F- Money Receipt dated 31.12.2004. xi, Annexure- G- Agreement for Sale dated 31.12.2004.

xii. Annexure- H- Money Receipt 31.01.2005,

xiii. Annexure- I- possession Letter dated 21.02.2005.

xiv. Annexure- J- Confirmation of Deposit of Tifle Deed.

xv. Annexure- K- Letter of handing over Ti e Deed of property of defendant no. 1 dated 22.12.2004.

xvi. Annexure- L- Recall Noflce dated 11.01.2009 executed by defendant no. 1.

xvii. Annexure- M- Recall NoUce dated 11.01.2009 executed by defendant no. 2.

xviii. Annexure- N- Acknowledge of Debts dated 1g.02.2009.

xix. Annexure- O- Statement of Accounts.

xx. Annexure- X- Schedule of immovable property remaining mortgage to the appllcants bank.

5. Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration is: Whether the Applicant Bank is entiUed to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

6. As stated supra, the Defendant remained absent and did not turn up to controvert the version of the o,A. of Appricant Bank. The Evidence Affrdavit coupred with the recitars in the documents viz., Exhibit Annexure -A to Exhtbit Annexure _X marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

7. h the result, the present Original Application is allowed ex-parte with costs, as under:-

4.

ORDER

(1) T.A. No. 176 of 2013 filed by the Appllcant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs, 11,14,941.27l- (Rupees Eleven Lac Fourteen Thousand Nine Hundred Forty One and Twenty Seven Paise only) along with interest @ 8,75olo per annum on monthly rests from 01.01.2012 till full and final realization of the claim amount.

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, rccovered by the Applicant Bank after filing of the O.A, the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and futu.e interest shall be calculated on the reduced amount.

(3) Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

(4) Defendants are given a time of thirty days from the date of the JudgemenvFinal Order for repaying of the above mentioned dues, so intimated to them. In 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 assets, if any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law,

(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

(7) Ld. Registrar of this Tribunal is directed to deliver rccovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutlons Act, 1993 now known as Recovery of DebG and Bankruptcy Act, 1993,

(8) The parties are directed to appear before the Recovery Otficet on 27/0212026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No. 176 of 2013 (arising out of O.A. No, 237 of 2012) is allowed and stands disposed of.

Copy of the ludgement/Fanal Order be uploaded in the Tribunal's websate. File is consigned to the Record Room. (Dictated to steno, transcribed by him, corrected/ signed and pronounced by me in the open Court on this the 30th day of lanuary,2026. PRESIDING OFFICER OF DRT'-II KOLKATA ADDITIONAL CHARGE OF ORT -III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. T.A. 176 Of 2013 Canara Bank (Syndicate Bank) vs, Ram Lout Kori & Ors. Date of Order Order with signature Order No. 27 ot. 3010,/2026 Item No. 01 Pg Order pronounced (vide separate sheets) In the result, T.A. 176 Of 2013 (O.A. No. 237 Of 2012) ls allowed with costs. Issue Recovery Certificate accordingly, Presiding Officer DRT -2, Kolkata Additional Charge Of DRT -3, Kolkata