Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs ARUP CHAKRABORTY AND ANR on 30 April 2026
1.
BEFORE THE DEBTS RECOVERY TRTBUNAL'III KOLKATA
PRESENT:- SRI ARBTND MADHAV
PRESIDING OFFICER OF DRT.II KOLKATA
ADDITIONAL CHARGE OF DRT-III KOLXATA
T.A. t{O. 603 0F 2015.
DATE OF DELIVERY OF ORDER : 3010412026
Canara Bank is a body Corporate constituted under the Banking Companies rnl"risn"" and Transfer of Undertakings) Act, 1970, having its Head office at r12'
i. i] n"iJ, ei"r"l"i"-soooou, Karnatak;, inter alia, carrying on its busrness from rts "ri."-"Jrr 67i* "i Behala Bran;h, 90, Diamond Harbour Road, Kolkata-700008' P 5 - il;k;;p;ii;;; una uito ut Asiet iecovery Manasement Branch'.6' NS Road'
x"rri]t"'-ioodor, Potice station- Hare str;et, within the jurisdictron of th's Ld'
Tribunal.
Applicant Bank
-Versus_
1. Arup Chakraborty, S/o Sarahnan Chakraborty' 35' Dhakuria Station Road' Kolkata-
700031.
And also at: -
il"'pn"io. or ylt. Namita Enterprise, 36, Bramha samai Road' Kolkata-7o0034'
2. Avhisek Dey, S/o Avhiiit Dey, M/s Mou Enterprise' 1O/1' Dr' A K Paul Road' P S - Behala, Kolkata-700034.
Defendants.
Counsel for the APP|icant Bank: -
S. Saha, Ld. Counsel
Set ex_Parte on
22/04/2026
IIPSEUEIII
The Appllcant Bank filed the present TA belng No TAy'5O3/2O fS on 2T lOLl2OlO (arising out ofo.A.No.lo2of2oloflledbeforeDRT-2,Kolkata)forrecoveryofatotalsumofRs.
LL,S8,[SL.7L:' (Rupees eleven lakh fifty elght thousand nlne hundred fifty one and palsa seventy one only) from the Defendants towards Housing Loan together wlth interest' cost and other usual reliefs.
The Defendants are served with summons' The defendants dld not appear' as there was no representatlon from the defendants, the case was fixed for ex-Parte hearlng on 22/0412026'
and heard ex-Parte accordlngly.
The Applicant Bank examlned 11 documents through Srl Murall Ohar Behera' Senior Manager marked as Exhlblt Annexure-A'1 to Exhlbit Annexure-A-11'
Heard the Ld, counsel for the Appllcant Bank'
2.
3.
o>-
D
5.
The polnt that arises for consideration ls :
whether the Appllcant Bank is entitled to the clalm made ln the OA against the Defendants and OA schedule properties as p.ayed for?
As stated supra, the Oefendant remained absent and dld not turn up to controvert the version of the O.A. of Appllcant Bank, The Evldence Amdavlt coupled wlth the recitals in the documents viz., Exhlbits Annexure-A-1 to Annexure-A-11 marked on behalf of the Applicant Bank, establlshed the clalm of the Appllcant Bank agalnst the Defendants and OA schedule properties. Hence, I hold that the Oefendants are Jointly and severally liable to pav to the Applicant Bank the claims made ln the OA with future lnterest and costs'
ln the result, the present Orlginal Application is allowed ex-parte with costs' as unden-
6.
7.
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ORDER
(1) T,A. No. 603 of 2015 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants' It ls hereby ordered that applicant bank is entitled to recover ftom the defendants the total amount to the tune of Rs 11'58'951 71l- (Rupees eleven lakh fifty elght thousand nlne hundred flfty one and palsa seventy one only) with pendentellte and future interest @ 8'750 per annum lnterest wlth simple on the amount due from the date of flling ofthe Origlnal Appllcatlon i'e' 27lOLl2OlO till full and final realization ofthe claim amount.
(2) Amount, if any, pald by the defendants in the loan accounts or amount' lf any' recovered by the Applicant Bank after filing of the O A' the same be taken into account while arrlving at the exact amount of dues/debt payable by the defendants' Accordlngly' pendentelite and future interest shall be calculated on the reduced amount'
(3) Defendants are debarred from dlsposing' allenatlng or deallng wlth any of the properties belonglng to them till the aforesaid decretal debt ls recovered from the defendants'
(4) Defendants are glven a tlme of thlrty days from the date of the JudgemenvFlnal Order for repaylnq of the above mentioned dues' so lntimated to them tn case the defendants fail to pay the dues wlthln the above mentioned time' the appllcant bank ls entitled to recover Its dues by sale of secured assets' if any ApPlicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed agalnst the defendants peEonally to recgver the dues ln accordance wlth law'
(s) LetthecertlficateofRecoverybedrawnupbyLd.Reglstrarforthwithintermsof Judgement for lssuance of the same agalnst defendants in favour of the applicant bank undersectionlg(22)oftheRecoveryofDebtsandBankruptcyAct,lgg3andputupthe ,,,-- same for lssuance of the Certlflcate' /r9,
(5) Ld. Recovery omcer shall realize the defendants in accordance wlth law. amount as per the Recovery certificate from the
(7) Ld. Registrar of this Tribunal ls directed to deliver recovery certiflcate in term of the final order/judgement for recovery of the sum agalnst the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Oebts due to the Bank and Financial InstitutionsAct,lgg3nowknownasRecoveryofDebtsandBankruptcyAct'1993'
(8) The parties are directed to appear before the Recovery Officer on 12106/2026 for further action in accordance with law ln the event the entlre amount is not paid by the said date' Accordingly, T.A. No. 603 of 2015 (arislng out of O'A No 1O2 of 2O1O filed before DRT-2' Kolkata) ls allowed and stands dlsposed of' Copy of the JudgemenVFinal Order be uploaded in the Tribunal's website' File is consigned to the Record Room' lDr.tated to steno, transcnbed by her, corected' srgned and ;.o-orn."O Oy -" ,n tn. op€n Court on the 30- dav of April, 2026) ^ t '-' J^ -(sRrTEEitrD- Mqa$,q) -, b PRESIDING OFFICER OF DRT-II KOLKATA AOOiNOT'IEI. CHETCE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 603 of 2015 Canara Bank Arup Chakraborty & Anr, Date of Order Ord6r with signature Order No.35 Dt.30t04 t 2026 5S Order pronounced (vlde separate sheets). In the result, T.A. No. 603 of 2015 (arising out of O.A. 2010 filed before ORT-2, Kolkata) ls allowed with costs. Issue Recovery Certiflcate accordlngly. 102 of Presidtng Omcer DRT-2, Kolkata Additional Charge of DRT-3, Kotkata