CANARA BANK (SYNDICATE BANK) vs TARUN KUMAR GANGULY on 10 February 2026

JUDGEMENT

1. The Applicant Bank filed an O.A. No. 265 of 2010 before DRT -2, Kolkata on 08/03/2010. Subsequently, transferred to DRT -3 Kolkata being re number as TA No. 1A/1122/2OL5 on 13/05/2015 for recovery of a total sum of Rs. 16,45,711.06/- (Rupees Sixteen l-ac Forty Five Thousand Seven Hundred Eleven and Six Paise only) from the Defendants towards Housing Loan Facilities together with interest, cost and other usual reliefs.

2. 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 2810112026, and heard ex-parte accordingly.

3. The Applicant Bank examined 11 documents through Mr. Nirjhar Ghosh, officer of Canara Bank, ARMB Kolkata Camac Street, marked as Exhibit Annexure -A to Exhibit

5. i. Annexure- A- Xerox copy of the Agreement for Sale dated 12th February, 2007. ii. Annexure- 8- Xerox copy of the Housing Loan application dated 20.02.2007. iii. Annexure- C- Xerox copy of the Sanction Letter dated 08.03.2007. iv. Annexure- O- Copy of the Documents. v. Annexure, E & F- Xerox copy of the money receipts. vi. Annexure- G- Statement of Account. vii. Annexure- H & I- Copy of the Demand Notice dated 11.04,2009. viai. Annexure- J & K- Copy of the Legal notice dated 15.02.2010 and 16.02.2010, Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration is : Whether the Applicant Bank is entiued to the ctaim 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 Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibit Annexure -A to Exhibit Annexure -K marked on behatf of the Applicant Bank, estabtished 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. In the result, the present Original Application is allowed ex-parte with costs, as under:-

ORDER

(1) T.A. No. 1122 of 2015 filed by the Appticant Bank is a owed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank as entiued to recover from the defendants the total amount to the tune of Rs. 10,45,711.06/- (Rupees Sixteen Lac Forty Five Thousand Seven Hundred Eleven and Slx paise only) including interest as calculated upto 22.06.2009 together with interest pendentilite and further interest at the rate of 10.7504 per annum from 01.03.2010 to 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, recovered 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, pendentelate 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.

(4) Defendants are given a time of thirty days from the date of the ludgemenvFinat 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 entided to proceed against personal properties of the defendants (Both movabte and immovable) and a,so proceed against the defendants personally to recover the dues in accordance with

(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 recovery certificate in term of the final orderfiudgement for recovery of the suni against the defendant in favour of the Applicant Bank under Section 19 (22) ot the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

The parties are directed to appear before the Recovery Ofticer on 26/02/2026 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. 1122 of 2O1S (arising out of O.A. No. 265 of 2010) is allowed and stands disposed of. Copy of the Judqement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room. (Dictated to steno, transcrrbed by him, corrected, signed and pronounced by rne in the open Court on this the 1oth day of February,2026. PRESIDING OFFICER OF DRT _II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA

- (Bar nnerNo rvnffiA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. T,A. 1122 Of 2015 Canara Bank (Syndicate Bank) vs. Tarun Kumar Ganguly Order No. 19 Dt. 10/02/2026 Item No. 03 Order pronounced (vide separate sheets) In the result, T.A. 1122 Ot 2015 (O.A. No. 265 Of 2010) is allowed with costs, Issue Recovery Certificate accordinqly. (Arbind Madhav) Presiding Officer DRT -2, Kolkata Additional Charge Of DRT -3, Kolkata