Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK (SYNDICATE BANK) vs M/S UNIWORTH ABRASIVES AND ORS on 17 February 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA
PRESENT!- SRI ARBIND MADHAV
PRESIDING OFFICER OF ORT-II KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLKATA
T.A, NO,973 0F 2014.
DATE OF DELMRY OF ORDER I t7/O212026
1.
Canara Bank is a body Corporate constituted under the Banking Companres (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112, Jayachamarajendra Road, Bangalore'560002, Karnataka, inter alia, carrying on its business from its 21, Camac Street, 'Bells House', 5th Floor, Kolkata-700016, P.S.- Shakespeare Sarani, within the jurisdictaon of this Ld. Tribunal.
Applicant Bank.
-Versus-
I'tls. Uniworth Abrasives, having its office at 5/1, Gobinda Roy Lane, Kalighat, Kolkata-700026 and also at 133, G. T. Road (North), Howrah-711106.
Mr. Prolay Sinha Roy, Son of Aurobinda Sinha Roy of 5/1, Gobinda Roy Lane, Kalighat, Kolkata-700026 and also at 133, G. T. Road (North), Howrah-711106.
2.
1.
3. Mr. Milan Maity, Son of Ananda Maity of Dasnagar, Shanpur (North), Nathpara (West), lagacha, Howrah-711105 and also at 3D, Barungachi, Salkia, Jagacha, Howrah-711105.
Defendants.
Counsel for the Applicant Bank:
Tutul Das Slngh, Ld. Counsel
Set ex-parte on
10/02/2026
]UDGEI\IENT
The Applicant Bank flled the present TA being No. TAl973l2014 on 14/02/2011 (arising out of O.A. No. 225 ol 2011 filed before DRT-2, Kolkata) for recovery of a total sum of Rs.
64,61,023.93/- (Rupees sixty four lakh saxty one thousand twenty three and paisa ninety three only) from the Defendants towards SODH 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 fO/02/2026, and heard ex-parte accordingly.
2.6
3.
The Applicant Bank examined 11 documents through Sri Muralt Officer marked as Exhtblt Annexure-A to Exhibtt Annexure-K.
i.
Annexure A- process Note/ Sanction
ii. Annexure B- Hypothecauon Agreement
iii. Annexure C- Demand promissory Note
iv. Annexure D- Request Letter
v. Annexure E- Guarantee Agreement
vi. Annexure F- Letter handed over Tlfle Deed
vii. Annexure c- Confirmaflon deposit ofTifle Deed
viii. Annexure H- rifle Deed
lx. Annexure I- Demand Nooce
x. Ahnexure J- Acknowledgement of Debt
xi. Annexure K- Statements of Accounts
Hea.d the Ld. Counsel for the Applicant Bank.
The polnt that arjses for consideration is :
Dhar Behera, Principal
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5.
whether the Appricant Bank is ehtired to the craim made in the oA against the Defendants and OA schedule properties as prayed for?
As stated supra, the Defendant remained absent and did not turn up to controveft the version of the o,A. of Applicant Bank, The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Annexure_K marked on behatf of the Appticant Bank, estabrished the craim of the Appricant Bank against the Defendants and oA schedure properties. Hence, I hold that the Defendants are joinly and severally tiable to pay to the Applicant Bank the claims made tn the OA with future interest and costs.
In the resurt, the present originar Apprication is alowed ex_parte with costs, as under:-
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ORDER
(1) T.A, No. 973 ot 2Ot4 fited by the Appltcant Bank ts aflowed and debt is determined with cost against the defendants. It is hereby ordered that appricant bank is entired to recover from the defendants the total amount to the tune of Rs. 64,61,023.93/_ (Rupees sixty four lakh sixty one thousand twenty three and paisa njnety three only) with pendentetite and future interest @ L4.Sok pet annum interest with simple on the amount due from the date of fillng of the Orjginal Appltcation i.e t4/02/2011till full and final 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 filtng of the O.A. the same be taken into account white arriving at the exact amount of dues/debt payable by the defendants. Accordjngly, pendentelite and future interest shall be calculated on the reduced amount. ,---> b,
(3) Defendants are debarred from disposing, allenating or deating with any of the properties belonging to them tifl the aforesald decretal debt is recovered from the defendants.
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(4) Defendants are gtven a time of thtrty days from the date of the ludgement/Finat order for repaying of the above mentioned dues, so intimated to them. In case the defendants faar to pay the dues wtthin the above mentioned time, the applicant bank is entifled 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 atso proceed against the defendants personally to recover the dues in accordance with law.
(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith jn 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 rearize the amount as per the Recovery certificate from 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 jn 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 Olticer on 171O3/2O2G for further actioo in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A. No. 973 of 2014 (aristng out of O.A. No, 225 of 2011 filed before DRT_2, Kolkata) is allowed and stands dlsposed of. Copy of the JudgemenvFinal Order be uploaded in the Tribunal.s website. File is consigned to the Reaord Room. (Dictated to steno, transcrib€d by her, co.rected, signed and prooounced by me in the open Court on the 17h day of ftbruary, 2026) t . PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRI-III KOLKATA ffi ( SRI ARBIND MAOHAV )
Debts Recovery Tribuna!-3, Kolkata Order Sheet (Continuation) Case No. TA No. 973 of 2Or.4 Order No.23 Dt.17 /02t2026 Order pronounced (vide separate sheets). In the result, T.A. No. 973 of 2014 (arising out of O.A. No. 225 of 2011 filed before ORT-2, Kotkata) is alowed with costs. Issue Recovery Certlflcate accordingly, Canara Bank vs. M/s. Uniworth Ahre.iwe< & o.c Date of Order Order with signature ss ( Arband Madhav ) Presiding Officer DRT-2, Kotkata Additional Charge of DRT-3, Kotkata