CANARA BANK vs AMAR NATH GANGULY on 11 February 2026

JUDGEMENT

1. The Appticant Bank fited an O,A. No, 222 of 2011 before DRT -2, Kolkata on l4/O2/2O11. Subsequenfly, transferred to DRT _3 Kolkata being ," nr_b". as TA No. 7N972/2O14 on t6/12/2O14 for re< Twerve Lac Ninety Two tnor."no ,,o'"t of a total sum of Rs 12'92'395 00/- (Rupees towards Housins r_oan racirities toee,lli;l;T:Tl]::L:::;;::,,],:J,:[o:"**""

2. The Defendants are served wil was no representation from the o"otn t"tont The defendants did not appear' as there o4/02/2[26,and heard ex-parte a..J,::r, the case was fixed for ex-parte hearins on

3. The Applicant Bank examined 20 documents through Mr. Saurav Kumar, Officer at Canara Bank , marked as Exhibit Annexure _A to Exhibit Annexure -F. i. Annexure- A- Copy of the H( ii Annexure. A.1. copy ",.iIf ;:"Jiffi;I':::T",1;'1,.,fi11i.""""",." with the Housing Loan of Rs. 7,SO,OOO/-, lii. Annexure- A-2- Copy of the pronote dated O4/O2/2OOS. iv. Annexure_ A-3- Copy of the take delivery letter to DpN dated O4/O2/2OOS. v. Annexure- A_4- copy of the Housing Loan Agreement d atea oitjoitzoos, vi. Annexure- A-5- Originat certificate dated 01/02/2011 issued by the Applicant stating the date of classification of the said loan account bearing no. 0323619000013 of the Defendant No. 1 as "Non-performing Assets".

vii. Annexurc- A-6- Copy of the Statement of Account of the Loan Account bearang No. 0323619000013 of the Defendant no. 1,

viii. Annexure- A-7- Copy of the Acknowledgement of Debt and Security dated o9lo3/2oo7 and L'/L2/2OOB respectively in connection with the Housing Loan of Rs.7,50,000/-. ix' Annexure -B- copy of the Housing Loan Apprication dated 26.05.2005 for the purpose of House Improvement. x Annexure- B-1- copy of sanction Memorandum dated 27/os/2oos in connection with the said House Improvement Loan of Rs. 3,18,000/_. xi. Annexure_ B_2- Copy of the pronote dated 09/06/2005 in connection with the said House Improvement Loan.

xii. Annexure- B-3_ Copy of the Housing Loan Agreement dated 09106/2005 in connection with the said House Improvement Loan. xlii Annexure- B-4- copy of the Letter dated 09106/2005 issued by the Defendant. xav. Annexure- B_5- Originat Certificate dated O7/O2/20L1 issued by the Applicant stating the date of classification of the said House Improvement Loan Account bearing No. 0323619000022 of the Defendant No. 1 as "Non_performing Assets,,.

xv. Annexure -8-6- Copy of the statement of Account of the said House Improvement Loan Account bearing No. 0323619000022 of the Defendant No. 1. xvi, Annexure- B-7- copy of the Acknowredgement of Debt and security dated O9/O3/2O07 and LS/L2/2OOB t Rs. 3,18,000/-. espectively ln connection with the Housing Loan of

xvii. Annexure- C- Xerox copy of the Orjginal Tide Deed dated OA/04/2OO5bein9 Deed No. 4541 for the year 2005,

xviii. Annexure_ D- Copy of the lettr 4s41 for the year 20., a*"r;r"J:r'rTile deposit or rifle Deed be.ns Deed No.

xix. Annexure- E- Copy of the Lel Sarat Bose Road Branch. fter dated 2f/O7/2OOa issrred by the Applicant!

xx. Annexure_ F_ Copy of the Advocate,s notice dated 12/12/2OOA.

4. Heard the Ld. Counsel for the Appticant Bank,

5. The point that arises for consideration is : Whether the Appltcant Bank is enfltled 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 tuan up to controvert the version of the O.A. of Applicant Bank. The Evidence ArO"r,, .ouO,"O with the recitals in the documents viz., Exhiblt Annexure _A to Exhibit Annexure _F marked on behalf of the Appticant Bank, estabtished the ctaim of the Appticant ;;; ;;",^, the Derendants and oA _,.- schedule properties. Hence, I hold that the Defendants arejoiritty ana severally liable to pay z) to the Appricant Elank the craims made in the oA with ,uar." ,n*."r, uno ao"a..

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

ORDER

(1) T.A. No. 972 of 2014 filed by the Applicant 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. 12,92,395.00/- (Rupees Twelve Lac Ninety Two Thousand Three Hundred Ninety Five only) together with interest pendentilite and further interest at the rate of L3,25o/o per annum from 05/01/2011 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, pendentelite and future interest shall be calculated on the reduced amount.

Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is rccovered from the defendants,

(4) Defendants are given a time of thirty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. ln 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 asseG, 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.

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 up 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 Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Appllcant 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 partles are directed to appear before the Recovery Officer on 02/03/2026 fot further actlon 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, 972 of 2OL4 (arising out of O.A. No. 222 of 2011) ls allowed and stands dlsposed of.

Copy of the JudgemenvFlnal Order be uploaded in the Tribunal,s website. Flle 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 l1th day of February,2026. ' ^ 1., , ,r6ffifa ..-6iraeErruo PRESIDING OFFICER OF DRT -II KOLKATA ADDITIONAL CHARGE OF DRT -III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. T.A, 972 Ol 2Ot4 Canara Bank vs. Amar Nath Ganguly Order with signature Order No, 27 Dt. 11/02/2026 Order pronounced (vide separate sheets) In the result, T.A. 972 Of 2Ot4 (O,A. No. 222 Of 2011) is allowed with costs. Issue Recovery Certaficate accordingly. Presiding Officer DRT -2, Kolkata Additional Charge Of DRT -3, Kolkata