Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs RAMBALAK PASWAN on 7 April 2026
-Versus-
1. Rambalak Paswan, son of Nana paswan, resident of Newpukuria, paschimpara, p.O.
Eadkulla, Oistrict- Nadia, ptn-741121 and working ad tte dffii" of the cGM, Telephone Projects at 2/5A, Judges Court Road, Kotkaia-700027.
2, Narayan Rawat, son of Shiv prashan Rawat, resident of 2, Uma Das Lane, New t4arket, Kolkata-700013.
BEFORE THE DEBTS RECOVERY TRIBUNAL-ttl KOLKATA
pRESENT:- SRt ARBINO MAOHAV
PRESIDING OFFICER OF DRT-tI KOLKATA
AODITIONAL CHARGE OF DRT.III XOLKATA
T.A. NO. 19s3 0F 2015.
DATE oF DELIVERY oF oRDER I o7.04/2026
Canara Bank rs a body Coroorate co.nstituted under the Banking Companies (Acquisrtion and Transfer of Undertakings) Act, 1970, having it. ff"uO dffi." ut rrZ, l: c. 1o99, Bangatore-s6ooo2, Karnarak;, tntei atia, cariyinj ori iifii.-in".'. rrorn i,, Branch Office at Asset Recoverv Manig_ernenL eranch, o, i,t.s-. nouJ, i<ofiutu_zoooor, Potice starion- Hare street, as wefl as Behata cho*.irii d.l".i, *i"i'"i"# ,oun nu, been sanctioned at 90, Diamond Harbour Road, p.S._ Behala, Kotkata_7OOOO8, within the .jurisdiction of this Ld. Tribunal.
Applicant Bank.
Defendants.
Counsel for the Applicant Bank: -
S. Saha, Ld. Counsel
Set ex-parte on
23/02/2026
]U DG E IY ENT
1.
The Applicant Eank filed the present TA being out of O.A. No. 33 of 2010 filed before DRT-2, 12,24,O93.17/- (Rupees twelve lakh twenty No. TA/1953/2015 on 08/01/2010 (arisrng Kolkata) for recovery of a total sum of Rs.
erght thousand ninety three and parsa
3.
2.
seventeen only) from the Defendants towards Housing Loan together with anterest, 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 23102/2026, and heard ex-parte accordingly.
The Applicant Bank examined 11 documents through Sri Murali Dhar Behera, Senior Manager marked as Exhibit Annexure-A-1 to Exhibit Annexure-A-13.
o
6;'"u'o
the Ld counsel for the Applicant Bank'
5.
Ihe point that arises for consideration is :
Whether the Applicant Bank is enUUed
and OA schedule properties as prayed
to the claim made jn the OA against the Defendants
7.
6.
As stated supra, the Defendant remajned absent and did not turn up to controvert the version of the o.A. of Applicant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure-A-1 to Annexure-A-13 marked on behalf of the Applicant Bank, estabrished the claim of the Applicant Eank agaanst the Defendants and oA schedule properties. Hence, I hold that the Defenclants are joinuy and severally liabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.
In the resurt, the present originar Apprication is a|owed ex-parte with costs, as uncter:-
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ORDER
(r) r.A No. 1953 0f 2015 filed by the Applicant Bank is aflowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is enti ed to recover from the defendants the total amount to the tune ot Rs. L2,2g,Og3.l7t- (Rupees twelve lakh twenty eight thousand ninety three and paisa seventeen only) with pendenteljte and future interest @ 9.25yo per annum interest with simple on the amount due from the date of filing of the original Appllcation i.e. 08/01/2010 ti[ full and finat rearization 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 white 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 dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.
(4) Defendants are given a time of thirty days from the date of the ludgement/Final Order for repaying ofthe above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the appricant bank is entiued to recover its dues by sale of secured assets, ifany. Applicant bank is also entitled to proceed aqainst personal properties of the defendants (Both movable and immovabte) and atso proceed against the defendants personally to recover the dues in accordance with law.
(5) Let the certiflcate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement 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 .,/ame for rssuance of the Certiflcate. ,z*,, i6r aO. ^".oru, Officer shall reatize the amount as per the Recovery Certificate from the defendants in accordance with law,
(7) Ld. Registrar of this Tribunat is directed to deliver recovery certificate in term of the finat orderljudgement for recovery of the sum against the defendant jn favour ot the Appljcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financiat Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. (B) The parties are directed to appear before the Recovery Officer on O_t/05/2026 for further action in accordance with law in the event the entire amount is not pajd by the said date. Accordingly, T.A. No. 1953 of 2015 (arising out of O.A. No. 33 of 201O fited before DRT_2, Kolkata) is allowed and stands disposed of. Copy oF the Judgement/Final Order be uptoaded in the Tribunal,s website. File is consigned to the Record Room. (oictated to,steno, transcribed by her, corrected, signed and p,orounced- by me rn the op€n Coun on the 07," day or April, 2025) PRESIDING OFFICER OF DRT.II NOt KAJA ADDTIoNAL cHARGE oF onr.rll r6lxnrn
Debts Recovery Tribunat-3, Kolkata Order Sheet (Continuation) Case No, TA No. rgSg of ZO1S Order No.29 Dt.0J/04/2026 Order pronounced (vide separate sheets). In the resutt, T.A. No. 1953 of 2015 (artsing out of O.A. No. 33 of 2010 filed before DRT 2, Kolkata) rs allowed wtth costs. Issue Recovery Certificate a cco rd tn q ly, ( Arbind Madhav ) Presiding Officer ORT-2, Kotkata Additional Charge of DRT-3, Kotkata Canara Bank