Debts Recovery Tribunals and Appellate Tribunals
CANARA BANK vs RAJ KUMAR DAS AND ORS on 30 April 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA
PRESENT:. SRI ARBIND MADHAV
PRESIDTNG OFFTCER OF DRT-II XOLKATA
ADDTTIONAL CHARGE OF DRT.III KOLKATA
T.A. NO. 667 0F 20r.5.
DATE OF DELMRY OF ORDER: 3010412026
Canara Bank is a body Corporate constituted under the Banking Companies (Acquisation and Transfer of Undertakings) Act, 1970, having its Head Office at 112.
.1. C. Road, Bangalore-560002, Karnataka, inter alia, carrying on its banking business from its Asset Recovery Management Branch, 6, N.S. Road, Kolkata-700001 for recovery of outstanding dues and the loan was disbursed from its Behala Chowrasta Branch at 90, Diamond Harbour Road, P.S.- Behala, Kolkata-700008, within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
1.
-Versus-
Raj Kumar Das, son of Late Shibpada Das, Chandrabati Village Road (Paschimpara), Th;namakua, P.S.- Sankrail, (Opp: Indus Nurshing Hone), How.ah-711109 and also working for gain as Clerk GR-II (Accounts) at Central Selectlon Board, B.E. College Branch, Shibpur, Howrah-711103.
Rabindra Nath Kisku, son of Manindra Nath Klsku, Btock-IC, Quarter No. 611, Salt Lake, Kolkata-7OO105 and also worklng for galn as Accountant Pension- VII, Offlce of the AG(A & E), Treasury Building, 2, Govt. Place (west), Kolkata-700001.
Sri Goutam Ghosh, son of Alok Kumar Ghosh, Proprietor of l'4/s. Ghosh Construction, residing at 24, Lala Babu Shire Road Belurmath, P.S.- Bally, Howrah-711202'
Chief Accountant, Central Selection Board, B.E. College Branch, Shibpur, Howrah-
700103.
2.
3.
4.
1.
Defendants.
CoLrnsel for the ApPlicant Bankl -
s, Saha, Ld. Counsel
Set ex-parte on
22/04/2026
]UDGET4ENT
The Applicant Bank flled the present TA being No, TA,/66712015 ott 17103/2010 (arising out of 2O1O filed before DRT-2, Kolkata) for recovery of a total sum of Rs'
(Rupees twelve lakh flve thousand three hundred sixty nine and paisa nlnety four only) from the Defendants towards Houslng Loan together with intercst, cost and other usual reliefs.
The Defendants are served wlth summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 22104/2026, and heard ex-pa.te accordinglY
of O.A. No. 310
t2,05 ,369 .94 / -
6
3.
4.
5.
6.
7.
The Appllcant Bank examlned 9 dosrments through Srl marked as Exhiblt Annexure-A to Exhlblt Annexure-I.
Heard the Ld. Counsel for the Appllcant Bank, The point that arlses fo. consideration ls :
Murali Dhar Behera, Senior Manager
Whether the Appllcant Bank is entitled to the claim 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 Evldence Amdavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Annexure-I marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Oefendants and OA schedule properties. 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 lnterest and costs.
In the result, the present Original Application is allowed ex-parte with costs, as under:-
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ORDER
(1) T.A. No. 657 of 2015 filed by the Appllcaht Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 12,05,369.94/- (Rupees twelve lakh five thousand three hundred slxty nlne and palsa nlnety four only) with pendentelite and future interest @ 9olo per annum interest wlth simple on the amount due from the date of filing of the Original Application i.e. 17l03/2010 till full and final realization of the claim amount.
(2) Amount, if any, paid by the defendants ln 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. Accordlngly, 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 aforesald decretal debt ls recovered from the defendants,
(4) Defendants are given a tlme of thlrty days from the date of the JudgemenvFinal Order for repaying of the above mentioned dues, so lntlmated to them. In case the defendants fail to pay the dues wlthln the above mentloned time, the applicant bank is 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 against the defendants personally to recover the dues in accordance with law.
(5) Let the Certificate of Recovery be drawn up by Ld. Reglstrar forthwith in terms of Z<- )udgernenl for issuance of the same aqainst defendants in favour of the applicant bank under Sectlon 19 (22) ofthe Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certlficate.
(6) Ld. Recovery Oftlcer shall realize the amount as pe. the Recovery Cerflficate from the defendants ln accordance wlth law.
(7) Ld. Reglstrar of this Tribunal is directed to deliver recovery cerflftcate in term of the final order/judgement for recovery of the sum agatnst the defendant tn favour of the Applacant 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 parties are dlrected to appear before the Recovery Officer on 12106/2026 for further action in accordance with law ln the event the entire amount is not patd by the said date, Accordingly, T.A. No. 667 of 2015 (arlsing out of O.A, No. 310 of 2O1O filed before DRT-2, Kolkata) ls allowed and stands dtsposed of. Copy of the JudgemenvFlnal Order be uploaded in the Trtbunal,s webslte, File ls consigned to the Record Room. (Oictated to steno, transcribed by her, corected, signed and pronounced by me in the open Cou.t on the 30,i day of Apnr, 2025) / r /-\ r t --reRI mBI ND:FTACTFAV ) PRESIDING OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No. 667 of 2015 Canara Bank (umar Das & Ors. Rai Date of Order Ord€r with signature Order No.31 ot.30 to4 t2026 5S Order pronounced (vide separate sheets). In the result, T.A. No. 667 of 2015 (arising out of O.A. 2010 filed before ORT-2, Kolkata) is allowed with costs, Issue Recovery Certificate accordingly. No.310 of Presiding Officer DRT-2, Kolkata Additional Charge of DRT-3, Kolkata