CANARA BANK vs GOUTAM KUMAR DAS & ANR on 24 April 2026

JUDGEMENT

1. The Applicnnt Bank filed the present TA belng No. fNt72l2l15 on 11/1212009 (arisinq out of O.A. No. 879 of 2009 filed befo.e oRT-2, Kolkata) for recovery of a total sum of Rs. 26,a7,295,32/- (Rupees twenty six lakh elghty seven thousand two hundred ninety five and palsa thirty two only) from the Defendants towards Housing Loan together with interest, cost and other usual rellefs,

2. The Defendants are served wlth summons. The defendants did not appear, as there was no reprcsentation from the defendants, the cas€ was fixed for ex-parte hearlng on 16/04/2026, and heard ex-parte accordingly. 3, The Applicant Bank examined 14 documents through Sri A. Nagamalleswara Reddy, Chief Manager marked as Exhlbit Annexure-A to Exhibit Annexure-A-13, Abhik Chakraborty, Ld. Counsel Set ex-parte on t610412026

4.

5. a Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration ls :

6. Whether the Applicant Bank is entltled to the claim made ln the OA agalnst the Defendants and OA schedule properties as prayed for? As stated supra, the Defendant remalned absent and did not turn up to controvert the verslon of the O.A. of Appllcant Bank. The Evidence Affidavlt coupled with the recitals in the documents viz,, Exhibits Annexure-A to Annexure-A-l3 marked on behalf of the Applicant Bank, establlshed the claim of the Applicant Bank agalnst the Defendants and oA schedule propertles. Hence, I hold that the Defendants are jointly 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 Origlnal Application is allowed ex-parte with costs, as under:-

ORDER

(1) T.A. No. 1772 of 2075 filed by the Applicant Bank is allowed and debt ls determined with cost against the defendants. It ls hereby ordered that appllcant bank is entitled to recover from the defendants the total amount to the tune of Rs. 26,a7,295.32/- (Rupees twenty s'x lakh eighty seven thousand two hundred ninety five and paisa thirty two only) with pendentelite and future lnterest @ 12qo per annum interest with slmple on the amount due from the date of filing of the Orlglnal Application l.e, L!ll2/2OO9 till full and final realizatlon of the claim 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 interest shall be calculated on the reduced amount

(3) Defendants are debarred from disposlng, alienating or dealing with any of the properties belonglng to them till the aforesald decretal debt is recovered from the defendants'

(4) Defendants are given a tlme of thlrty 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 mentloned time, the applicant bank is entitled to recover Itsdues bysale of secured assets, lfany. Applicant bank ls also entitled to proceed against peGonal 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. Registrar forthwith in terms of Judgement for issuance of the same against defendants ln 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 reallze the amount as per the Recovery Certificate from the defendants in accordance wlth law.

7. (6

(7) Ld. Registrar of this Tribunal ls directed to deliver recovery certificate In term of the final order/iudgement 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 partles are directed to aPPea. before the Recovery Offlcer on 08/06/2026 for further actlon in accordance wlth law ln the event the entlre amount ls not pald by the sald date. Accordingly, T,A. No. 1772 of 2015 (arlslng out of O A. No. 879 of 2009 filed before DRT-2, Kolkata) is allowed and stands dlsposed of. Copy of the ludgemenVFinal Order be uploaded ln the Tribunal's website. File is conslgned tq the Record Room. (Dictated to steno, transcrlbed by her, correated, sign€d and pronounced by me in the open court on the 246 day of April, 2026) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT-III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. L772 ot 2oLs Canara Bank Goutam Kumar Das & Anr. oate of Order order with signature Order No.35 ot.24t0412026 ss Order pronounced (vide separate sheets). In the result, T,A. No. 1772 of 2015 (arising out of O.A. No. 879 of 2009 filed before DRT-2, Kolkata) is allowed wlth costs. Issue Recovery Certificate accordingly. ( Arblnd Madhav ) Presldlng Offlcer DRT-2, Kolkata Additlonal Charge of DRT-3, Kolkata