Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs MAINAK SENGUPTA & ORS on 6 April 2026
SEFORE THE DEBTS RECOVERY TRIBUNAL.IIT KOLKATA
PRESENT:- sRI ARBIND MADHAv
PRESTDING OFFICER OF DRT-II I(OLKATA
ADDITTONAL CHARGE OF ORT-tIt KOLKATA
T.A. NO. a91 0F 2014.
DATE oF DELIVERY oF oRDER: 06/04/2026
Canara Bank is a body Coroorar
(Acquisitron ano r.ansie-.-ir ;;;?i:;:- -'i":tltut"d under the Bankinq companies gl*;tit:i*tafl"lf,,,:--*ffitiJt'ffi ',lffi Applicant Bank.
Defendants.
CoiJnsel for the Appticant Banki
S. Saha, Ld. Counsel
Set ex-parte on
23/02/2026
-Versus_
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Iffir::3:1i:g:rr"Ber, Bharat petroreum corporation Ltd., 2, Graham Road, Budee
1.
The Applicant Bank filed the
JUDGE14ENT
present TA being
2.
The Defendants are served wi
'|epresenration uo- ,n" o"ru.,ll-llmmons rhe defendants c,rd nof vi and nea,o exouu. u..o,o,nr,r'lnts'
the case -"' r r";;;; ";;";liliii"; ll lirJrljirll /-./
lllj,.l":jrr. " ro,o r,", 0","."1*rlr]
No. TA,i 89r/2014 on 1g/OS/2010
Kolkata) for recovery of a totat
illlj, l
.:" onry) from *" ,"r*ou,o ,o*'u.l.
10,87,165.a3/- (Rupees ten lakh eighty seven fhousand one hundred sixty five and pajsa other usual rejjefs.
Home Loan tog€ther with rnte.est, cJst and (arising out sum of Rs.
3.
The Applicant Bank examined 1O documents through Sri Murali Dhar Behera, Senlor Manager marked as Exhibit Annexure-A to Exhibit Annexure-1.
Heard the Ld. Counsel for the Apptjcant Bank.
The point that arises for constderation rs :
5.
Whether the Apptjcant Bank is
and OA schedule properties as
enltled to the claim made in the oA against the Defendants prayed fo(?
7.
6.
As stated supra, the Defendant remained absent and did not turn up to controvert the version of the o.A. of Appricant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure-A to Annexure-J marked on behalf of the Apptjcant Bank, established the claim of the Applicant Bank agaanst the Defendants and oA schedure propertaes. Hence, I hold that the Defendants are joinUy and severally liabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Original Application isallowed ex_parte with costs, as under:-
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ORDER
(1) T,A. No. 891 of 2014 filed by the Applicant Bank is a owed and debt is determined with cost against the defendants. It ts hereby ordered that applicant bank is entiUed to recover from the defendants the total amount to the tune of Rs. 10,87,165.83/- (Rupees ten takh eighty seven thousand one hundred slxty five and paisa eighty three only) wlth pendentetite and future interest @ 8.75qo per annum lnterest with simple on the amount due from the date of filing of the Orlginal Appltcation i.e. 19/05,/2010 ull full and flnal reatizauon 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 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 inte.est shall be calculated on the reduced amount.
(3) Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them tall the aforesaid decretal debt ts recovered 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. 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, ifany, Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants persona,ly to recover the dues in accordance \ /ith law.
(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of I )udgemenl for rssuance of the same against deFendants in favour of the appllcant 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 as directed to deliver recovery certificate in term of the flnal order/ludgement 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 06/05/2026 for further action in accordance with law in the event the entire amount is not paid by the sald date' Accordingly, T.A No 891 of 2014 (arising out of o A No 558 of 201o filed before DRT-2' Kolkata) is allowed and stands disposed of' Copy of the Judgement/Final Order be uploaded in the Tribunal's website' File is consigned to the Record Room' lorctated to steno, transcribed Dv her' coneded' sqned and o.onornced Uy me ,n tne op€n Cou( on the 06' daY ol April, 2026) PRE5IDING oFFICER oF D{ ir,l-o^!fll1 ofiiironoi cr,oecE oF DRr-Itl KoLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet ( Conti n uati on ) Canara Bank Gil no. rl xo. 891 of 2014 Order pronounced (vide separate sheets) In the result, T A. No 891 Of 2014 (arising out of o a No 558 of 201O filed before DRT_2, Kolkata) ls allowed with costs' Issue Recovery Certificate accordrngly' (frbr-nd l'4adhav ) Presiding Officer DRT-2, Kolkata Additional charge of oRT-3, Kolkata order No.25 Dt.06/04 / 2026