Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs RASHMITA BHATTACHARJEE & ORS on 16 April 2026
3.
BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA
PRESENT:- SRI ARBIND MADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT.III KOLKATA
T.A. NO. 1799 0F 2015.
DATE OF DELIVERY OF ORDER: t6/O412O26
Canara Bank is a body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 112,
J. c. Road, Bangalore-560002, Karnataka, inter alia, carrying on its business from its different branches including one at 114 A, Lake Gardens, Kolkata-700045, commonly known as canara Bank, Lake Gardens Branch, Calcutta, within the jurisdictaon of this Ld. Tribunal.
Appllcant Bank.
-Versus-
Rashmita Bhattacharjee, daughter of Sri Sujit Bhattachaiee, residing at 128/21, Hazra Road, Kolkata-700026, within the jurisdiction as aforesaid.
Smt. Ratna Sanyal Bhattacharjee, wife of Sri Sujit Bhattacharjee, residing at 128/21, Hazra Road, Kolkata-700026, within the jurisdiction as aforesaid.
Amitava Bose, of Bose Construction, 32/6, Gariahat Main Road (South), Dhakuria, Kolkata-700031, within the jurisdiction as aforesaid.
1,
1.
2.
4.
Heard the Ld. Counsel for the Applicant Bank.
Defendants.
Counsel for the Applicant Bank: -
Pradip Kr. Pal Choudhuri, Ld. Counsel
Set ex-parte on
07/04/2026
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JUDGEMENT
The Applicant Bank filed the present TA being No, TAl1799/2015 on 30/06/2008 (arising out of O.A. No. 247 of 2OO8 filed before DRT-2, Kolkata) for recovery of a total sum of Rs. 13lg,a7s/- (Rupees thirteen lakh thirty nine thousand eight hundred and seventy five only) from the Defendants towards Housing 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 07/04/2026t and hea rd ex-parte accordinglY. The Applicant Bank examined 8 documents through Ms, S, Mukherjee, Senior lvlanager marked as Exhibit Annexure-A to Exhlbit Annexure-F
5. 6, The point that arises for conslderauon is i Whether the Appllcant Bank ts entitled to the clalm made ln the OA agalnst the Defendants and OA schedule properties as prayed for? As stated supra, the Defendant remained absent and dld not turn up to controvert the version of the O.A. of Appllcant Bank. The Evidence Affidavtt coupted wtth the recitals in the documents vlz., Exhlbits Annexure-A to Annexure-F ma.ked on behalf of the Applicant Bank, established the clalm of the Appllcant Bank agalnst the Defendants and OA schedule properties. Hence, I hold that the Oefendants are joln y and severally liable to pay to the Appllcant Bank the claims made in the OA with future tnterest and costs. In the result, the present Original Applicaflon is allowed ex-parte with costs. as under:_
ORDER
(1) T.A. No. 1799 of 2O1S filed by the Applcant Bank ts a owed and debt is determtned with cost against the defendants. It is hereby ordered that appllcant bank is entifled to recover from the defendants the total amount to the tune of Rs. 13,39,875/- (Rupees thlrteen lakh thlrty nlne thousand eight hundred and seventy five only) with pendenteltte and future interest @ 9.25(yo pet annum rnterest with srmple on the amount due from the date of filing of the ortgtnal Appltcition t.e. 30/06/2008 ti full and finat realzation of the ctaim amount.
(2) Amount, rf any, pard by the defendants rn the loan accounts or amount, if any, .ecovered by the Applicant Bank after flling 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 tnterest shall be calculated on the reduced amount.
(3) Defendants are debarred from dtsposlng, alienaflng or dealtng wlth any of the properties belonging to them till the afo.esaid decretal debt ls recovered from the defendants,
(4) Defendants are given a time of thlrty days from the date of the Judgement/Frnal order for repaying of the above mentioned dues, so lntimated to them. In case the defendants fair to pay the dues within the above mentioned time, the appllcant bank ts enflued to recover its dues by sale of secured assets, if any. Applicant bank ts also entifled to proceed against personal properUes of the defendants (Both movable and lmmovable) and also proceed against the defendants personally to recover the dues ln accordance wlth Iaw.
7.
(5) Let the Cerflflcate of Recovery be drawn up by Ld. Regtstrar Judgement for lssuance of the same agalnst defendants ln favour under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, same for lssuance of the Certificate. .9 forthwith in terms of of the applicant bank 1993 and put up the
(6) Ld. Recovery Omcer shall reallze the amount as per the Recovery Certificate from the defendants in accordance wtth law.
(7) Ld. Registrar of this Tribunal ls directed to deliver recovery certificate ln term of the final order/judgement for recovery of the sum agalnst the defendant in favour of the Applicant Bank unde. Sectlon 19 (22) of the Recovery of Debts due to the Bank and Financiat Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993.
(8) The partles are dtrected to appear before the Recovery Officer on 18/05/2026 for further action in accordance wlth law in the event the enflre amount is not paid by the said date. Accordingty, T.A. No. 1799 of 2015 (aristng out of O.A. No. 247 of 2OO8 fited before DRT_2, Kolkata) is allowed and stands dlspos€d of, Copy of the JudgemenvFlnal Orde. be uploaded in the Trtbunatt website. File ls consigned to the Record Room. (Oictat€d to steno, trdnscnbed by her, cone€ted, signed and pronounced by me tn the open coud on the t66 day of April, 2025) T(:f_ffs - ( SRI ARBIN'MADHAV ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 1799 of 2015 Canara Bank vs, Rashmita Bhattachariee & Ors. Date of Order Order with signature Order No.35 ot,t6/ 04 / 2026 ss Order pronounced (vide separate sheets). In the result, T.A. No. 1799 of 2015 (artstng out of O.A. No.247 of 2008 filed before DRT-2, Kolkata) ls allowed rvith costs. Issue Recovery Certlflcate accordlngly. ( Arbind Madhav ) Presidlng Officer DRT-2, Kolkata Additional Charge of ORT-3. Kotkata