Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs SANKAR NANDI on 6 April 2026
1.
EEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA
PRESENT!- SRI ARBIND MADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT-IIt KOLKATA
T.A. NO. 9s1 0F 2015.
DATE oF DELTVERY OF ORDER I 06/04/2026
Canara Bank is a body Corporate constituted under the Banking Companles (Acquisition and Transfer of Undertakings) Act, 1970, having its Head 5ffl.e ur rrz, J_. C. lo!!t Bangalore-560002, Karnataka, inter alia, carryind on its busrness from its Branch_Office at Asset Recovery l\4anagement Branch, 6, ft.S-. Road, Kolkai;-700001, Police Station- Hare Street, within the jurisdictjon of this Ld. Tribunal.
Applicant Bank.
Defendants.
Counsel for the ApDlicant Bank:
S. Saha, Ld. Counsel
Set ex-parte on
23/02/2026
as there was no
on 23/02/2026,
-Versus-
Sankar Nandi, S/o. Late Dhirandranath Nandj; 2/8D, Sahapur Road, p.O.- New Alipore, Kolkata-700053.
And also at-
Chand Traders, 370/2, Block-A, New Atipore, Kolkata_700053.
Sumrt R_oy, S/o Subat Kumar Roy, S7/2, N.S.C. Bose Road, p.O., To ygunge, p.S._
Regent Park, Kolkata-7ooo4o
And also at-
Roy Enterprise, 5713, N.S.C. Bose Road, Io ygunge, Kotkata_7OO04O.
:.ar]:h[:al Narh, S/o Late Bijoy Kishore Nath, 2, Amrit Lat Nath Lane, p.O., Betur Math, P.S.- Batty, Drstnct- Howrah Gaotam Ghosh, S/o Sri AJoke Kumar Ghosh, prop. of Ghosh Construction, 24, Lata Babu Shire Road, p.S,- Bally, Howrah.
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,UDGEMENT
1.
The Applicant Bank flted the present TA being No. TAl951/2015 on 24106/2010 (arising out of O,A. No. 711 of 2O1O flted before DRT-2, Kotkata) for recovery of a total sum of Rs.
12,96t834.87/- (Rupees twelve lakh ninety six thousand eight hundred thirty four and paisa eighty seven only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs.
2.
The Defendants are served with summons. The defendants did not appear, representation from the defendants, the case was fixed for ex-parte heafln9
-and heard ex-parte accordingly.
3.
The Applicant Bank examined 11 documents through sri Murari Dhar Behera, senior Manager marked as Exhibit Annexure-A-1 to Exhibjt Annexure_A-11.
Heard the Ld. Counset for the Appticant Bank.
The pornt that anses lor consrderatron rs :
whether the Appricant Bank is entitred 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 controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure_A-1 to Annexure_A-11 marked on behalf of the Applicant 8ank, established the claim of the Applicant Bank against the Defendants and oA schedule properties. Hence, I hold that the Defendants are join y and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the result, the present Original Application is allowed ex-parte with costs, as under:-
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Citations and Judicial Treatment
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ORDER
(r) T.A. No. 951 of 2015 fited t agarnst the defendants. Jt )y the Applicant Bank is allowed and debt ls determined with cost the defendants the total a hereby ordered that appljcant bank js enttded to recover from ninety six thousand ",nn, n,to' t to the tuoe of Rs 12'96'834 87l- (Rupees twerve lakh and future jnterest @ ,,rrllot"o thirty four and parsa eighty seven only) with pendenterite ::::"",J#J;;;" ;#:ffi;IlJ, j:ffi;:lili: ;:::::::: :hru ili
(2) Amount, if any, pajd by the r the Applicant Eank after ,,,,.'"t"lountt in the loan accounts or am the exact amount o,, oru.ro'n-o"nu o A the same o" ouun ,l,oo'nt' if any' recovered bv ruture inrerest sha, ou.u,.u,"lt pavabre bv ,n" o"r"ro"",r'o..ffi:ilt;::ilI[il' ated on the reduced amount.
(3) Defendants are debarred fro berongrng to them ,,,, ,n" uro.l-,1'lolt'ng' a|enaring or dealing with any of the properties esaid decretal debt ts recovered from the defendanls.
(4) Defendants are given a gme repayrng of the abov" .n"n,,orot jn n' days from the date of the Judgement/Finar order for to pay the dues within ,nu "o "o o'"t' so intimated to them' In rts dues by sare of se.r.uo u.ro'" mentioned time' the applicant 'J:: tl::::"::*:i:: personat properties of the de ifany App|cant bank is also entitled to proceed against ,/---againsrthe defendants ,".aon,tun'untt (Both movable and immovable) and arso proceed /2 '-- '" P='rerrdlly to recover the dues in accordance wjth taw.
(5) 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 Officer shall reatize 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 rn term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Eank 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 o6/os/2026 for Further action jn accordance with law in the event the entire amount is not paid by the said date. lii.'jijl?lr",ll"Jl"j:1":::::r,j:ff;s out of o.A. No, 711 of 2o1o fired before DRr 2, Copy of the Judgement/Frnat Order be uploaded rn the Tribunal,s website. trte is consrgnec, to the Record Room. Ilfffi :ifi H f if:'fi it T.;f#ii*;ti*. -. .- 1 Snl enAtiO MADHAV I nlE:,,Pllg gffll.l o, o*r.,, *o,*o,o aoornoruer cneict "; ;ii_fi I;iH[
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 951 of 2015 Canara Bank sankar Nandi & Ors. Date of Order order with signature Order No.29 ot.06/ 04 /2026 ss order pronounced (vide separate sheets). In the result, T.A. No. 951 of 2015 (arising out of O.A, 2010 flled before DRT-2, Kolkata) is allowed with costs. Igsue Recovery Certificate accordingly. No. 7t7 ( Arbind l,ladhav ) Presiding Officer DRT-2, (olkata Additlonal Charge of DRT-3, Kolkata