CANARA BANK (SYNDICATE BANK) vs SITA RAM MAHATO AND ORS on 10 February 2026

JUDGEMENT

1. The Applicant Bank filed the present TA being No. TAl807/2015 on 25103/2010 (arising out of O.A, No. 357 of 2010 filed before DRT-2, Kolkata) for recovery of a total sum of Rs. f3,3O,324,51/- (Rupees thirteen lakh thirty thousand three hundred twenty four and paisa fifty one only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs. The Defendants are served with summons, The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 14/0112026, and heard ex-parte accordingly.

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3. The Appltcant Bank examlned 10 documents through Srt Murall Dhar Behera, Senior Manager marked as Exhlbit Annexure-A to Exhibit Annexure_J. l. Annexure A- Application for Bousing Loan dated 19,03.2007.

ii. Annexute g- Letter of sanction of Houstng Loan dated 26-03.2007 .

lll. Annexure C- Agreement for Sale dated 10,03,2007.

lv. Annexure O- Lette. depostting Tlfle Oeeds (Confirmation). v, Annexure E- General power of Attorney.

vi. Annexure F- Houslng Loan Agreement dated 26.03.2007.

vii. Annexure G- Acknowledgments of disbuGements executed by Defendant No, 1.

vlii. Annexure H- Copy of Oeed of Conveyance,

lx. Annexure I- Advocate! demand notice dated 30.01,2010.

x. Annexure J- Statements of Accounts. Heard the Ld. Counset for the Applicant Bank, The polnt that arises for consideration is : Whether the Appllcant Bank ts enufled to the ctatm made in the OA against the Defendants and OA schedule properties as p.ayed for? As stated supra, the Defendant rcmatned absent and did not turn up to controveft the verslon of the o.A. of Apprcant Bank, The Evidence Amdavit coupred with the recitars in the documents vlz., Exhiblts Annexure-A to Annexure_J marked on behalf of the Appticant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule propertles, Hence, I hold that the Defendants are Joinfly and severalty labte to pay to the Appllcant Bank the claims made h the OA with future interest and costs, In the result, the present Origlnal Application is allowed ex-parte with costs, as under:_

ORDER

(1) T.A. No. 807 of 2015 fited by the Applicant Bank is a owed and debt is determined with cost against the defendants, It rs hereby ordered that appllcant bank is entifled to recover from the defendants the total amount to the tune of Rs. 13,30,324.51/- (Rupees tharteen takh thirty thousand three hundred twenty four and paisa fifty one only) with pendentelite and future interest @ 10olo per annum interest wtth simple on the amount due from the date of filing of the Original Applicaflon i,e 25/O3/ZOLO ti fu and finat reatization of the ctaim amount.

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after fillng 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 future 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.

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(4) Defendants are given a time of thirty days from the date.of the JudgemenvFinal Order for repaylng ofthe above mentloned dues, so intimated to them, In case the defendants fail to pay the dues wlthln the above mentioned time, the applicant bank ls entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed agaanst 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 Judgement 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 rrp the same for issuance of the Certificate.

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

(7) Ld. Registrar of this Trlbunal ls directed to delaver recovery 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 Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are directed to appear before the Recovery Officer on 10/03/2026 for further adion in accordance wlth law ln the event the entire amount is not paid by the said date. Accordingly, T.A. No. 807 of 2015 (arising out of O.A. No. 357 of 2010 filed before ORT-2, Kolkata) is allowed and stands dlsposed of, Copy of the JudgemenVFlnal Order be uploaded ln the Trlbunal's webslte. File is consigned to the Record Room. (Dictated to steno, transcrlbed by her, correded, signed and pronounced by me in the open cou.t on the loti day or February, 2026) te*rdriffi''Ll>4 PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) case No, ll No. 807 0i2oi Canara Bank Sita Ram lilahato & Ors. Date of Order Order with signature Order No.27 ot.10 /02/ 2026 ss Order pronounced (vide separate sheets). In the result, T.A. No. 807 of 2015 (arising out of O.A. No. 357 of 2010 filed before DRT-2, Kotkata) is alowed with costs. lssue Recovery Certlflcate accordingly. ( Arbind l4adhav ) Presiding Officer DRT-2, Kolkata Addrtronal Charge of DRT-3, Kolkata