CANARA BANK (SYNDICATE BANK) vs PROLAY SINHA ROY on 17 February 2026

JUDGEMENT

The Applicant Bank filed the present TA being No. TAl974l2014 on l4/O2l2,ll (arising out of O.A. No. 226 of 2olt filed before DRT-2, Kolkata) for recovery of a total sum of Rs. 23,32,039,2a/- (Rupees twenty three lakh thirty two thousand thirty nine and paisa twenty elght only) from the Defendants towards OSL facility 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 10/02/2026, and heard ex-parte accordinglY. The Appllcant Bank examined 11 documents through Sri Murali Dhar Behera, Principal Omcer marked as Exhibit Annexure-A to Exhibit Annexure'K.

3. / i. Annexure A- Application for Loan

7.

6. 4,

ii. Annexure B- Sanction Letter

iii. Annexure C- General Agreement

iv. Annexure O- Acknowledgement Receipt v. Annexure E- Guarantee Agreement

vi. Annexure F- Letter handed over Title Deed

vii. Annexure G- Confirmation deposit of'Ilfle Deed

viii. Annexure H- Title Deed

ix. Annexure I- Demand Notice

x. Annexure J- Acknowledgement of Debt

xi. Annexure K- Statements of Accounts Heard the Ld. Counsel for the Applicant Bank. The polnt that arlses for consideration is : Whether the Appllcant Bank ts entifled to the claim made in the OA against the Defendants and OA schedule properues as prayed for? As stated supra, the Defendant remained absent and did not turn up to controvert the verslon of the O.A. of Appllcant Bank, The Evtdence Amdavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Annexure-K marked on behalf of the Applicant Bank, establlshed the clalm of the Applicant Bank agaihst the Defendants and OA schedule propertles. Hence, I hold that the Defendants are jotntly and severally liable to pay to the Applicant Bank the clatms made ln the OA with future lnterest and costs. In the result, the p.esent Original Application is allowed ex-parte wtth costs, as under:_

ORDER

(1) T.A. No. 974 ot 2014 f ed by the Applicant Bank is alowed and debt is determrned with cost against the defendants. It is hereby ordered that appricant bank is entitled to recover from the defendants the total amount to the tune of Rs. 23,32,039.28l- (Rupees t\^/enty three lakh thirty two thousand thirty nlne and paisa twenty eight only) with pendentetite and future lnterest @ ,.40lo per annum interest with simple on the amount due from the date of flling of the orrgrnar Applicaflon r,e L4/o2/2olr tilr fu and finar realization of the craim amount.

(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the Applicant Bank after f ing of the o.A, the same be taken into account whire 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 deallng with any of the properties belonging to them Ull the aforesatd decretal debt is recovered from the defendants.

(4) Defendants are given a time of thirty days from the date of the .repaying of the above mentioned dues, so intimated to them. to pay the dues wlthin the above mentioned time, the applicant Judgement/Final Order for In case the defendants fail bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed agalnst the defendants personally to recover the dues in accordance with law.

(5) Let the Certificate of Recovery be drawn up by Ld. Regtstrar 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 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 detiver recovery certificate in term of the ftnal 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 dlrected to appear before the Recovery Otfice. on 17/03/2026 for further actlon in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A. No. 974 of 2014 (arising out of O.A. No. 226 of 2011 filed before DRT-2, Kolkata) is allowed and stands disposed of. Copy of the JudgemenVFinal Order be uploaded in the Tribunat,s website. File ls consigned to the Record Room. (Dictat€d to steno, transcrlbed by her, corrected, signed and pronounced by m€ in the open court on the tTrh day ofFebruary,2026) I t d !, .t,..-.---,*u,,',--ril;-r^F PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) case lo, ta tro, gia oiEra Order No.23 ot.17 t 02t2026 Order pronounced (vide separate sheets). In the resutt, T.A. No. 974 of 2Ot4 (arising out of O.A. 2011 filed before DRT_2, Kotkata) is altowed with costs. Issue Recovery Certjficate accordinqly.