CANARA BANK vs SUTAPA PAL AND ORS on 16 October 2026

J U D G M E N T

1. This is an application under section 19 of the Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant bank against the defendants, seeking issuance of Certificate of Recovery for realization of a sum of Rs.12,11,116.00 (Rupees Twelve Lakh Eleven RAKESH PATI TIWARI

TIWARI Date: 2026.10.17 13:16:43 +05'30'

(Contd…)

Thousand One Hundred Sixteen) only [Rs.99,717.00 (KCC loan account no. 1714840001658) + Rs. 11,11,399.00 (TL account No. 1714856001755)] with interest calculated upto 31.03.2017 and further interest from 01.04.2017 @11.00% p.a. with half yearly rests for KCC loan account and @14.70% p.a. with monthly rests for Term loan account till realization of the entire amount along with injunction restraining the defendants from disposing of and/or alienating and/or encumbering the personal charged and uncharged assets and also costs.

2. The facts in brief, giving rise to the present application as pleaded are that considering the application dated 09.06.2006 of the defendant Nos.1 & 2, the applicant bank sanctioned a KCC Loan facility to the tune of Rs. 50,000/- (Rupees Fifty thousand) only, vide sanction letter dated 09.06.2006. The Defendant Nos.1 and 2 executed ‘Agreement of Hypothecation For Agricultural Loans’ dated 09.06.2006. The Defendant No.1 also submitted to the Applicant an Affidavit dated 20.5.2006 and two Record of Rights/ Parcha dated 04.04.2006 in respect of his immovable properties. Thereafter the Defendant Nos. 1 and 2 on 23.08.2006 approached the Applicant for financial assistance for purchasing a new Tractor. Along with the Application, the said Defendants deposited to the Applicant i) Quotation of ‘Agro Centre’ for the Escorts Limited Farmtrac Tractor dated 18.08.2006; ii) Invoice and Challan of Agro Centre, both dated 23.08.2006. On being so approached, the Applicant Bank on 23.08.2006 sanctioned and granted to the said Defendants a Term Loan amount of Rs. 3,57,000.00 (Rupees Three Lacs Fifty Seven Thousand) only, vide Sanction Letter dated 23.08.2006. The defendants on 23.08.2006 executed Memorandum of Agreement for Agricultural Loans and Particulars of Vehicles/ Machinery/ Equipment/ Livestock etc. hypothecated. Thereafter as per the Quotation/ Invoice of Agro Centre, wherefrom the said Defendants proposed to purchase the Escorts Limited Power Trac Tractor, the Applicant Bank as per instruction paid to the Agro Centre. The said company issued Receipt on 23.08.2006. Thereafter the said Defendants on 25.01.2007 registered the Tractor before the Registering Authority, Burdwan, vide Registration No. WB 41C 3551 and paid Tax for the said Tractor. The Defendant Nos. 1 and 2 executed the Mortgage Deed document and Affidavit dated 13.9.2006 and also delivered the Title Deed Nos. I-2627/1991, 2496/1982, 712/1977 and RAKESH PATI TIWARI

TIWARI Date: 2026.10.17 13:17:04 +05'30'

(Contd…)

2495/1982 relating to their total 7.52 Acres property in favour of the Applicant. Thereafter the Applicant Bank requested the Registering Officer, Ketugram for noting of Charge of land specified in Form-1. After availing the loan, the defendants failed to repay the dues of the loan account and as such the loan account was classified as N.P.A. on 01.07.2011. The said Defendant Nos. 1 and 2 executed the Acknowledgement of Debt And Security document on 18.03.2009, 09.08.2011 and 25.6.2014 in respect of their Term Loan Account No. 1714856001755, and on 16.12.2008, 8.11.2011 and 25.10.2014 in respect of their KCC Loan Account No. 17148400001658. The Applicant Bank on 28.10.2016, 30.11.2016 had issued Demand Notices upon the defendants but the defendants failed to comply with the said notices. After giving credits for all sums of moneys paid by and/or realized on behalf of the defendants a sum of Rs.12,11,116.00 (Rupees Twelve Lakh Eleven Thousand One Hundred Sixteen) only with interest calculated upto 31.03.2017 was due against the defendants in respect of the loan account No. 1714840001658 (KCC) and 1714856001755 (TL).

3. Despite the service of summons upon the defendants through speed post, the defendants did not put their appearance before this Tribunal. Hence, the defendants were ordered to be proceeded ex-parte on 05.08.2026.

4. The Applicant Bank in support of its case has filed evidence by way of affidavit as affirmed by Sri Nirmal Mondal, the Branch Manager of the Applicant Bank and also relied upon the following documents:- Sl. No. Name of the documents Exhibit No.

1. Application Cum Appraisal Form For Kisan Credit Card Scheme (KCCS) Dated09.06.2006 A1

2. Sanction Letter dated 09.06.2006 A2

3. Agreement Of Hypothecation For Agricultural Loans’ dated 09.06.2006, Affidavit of Defendant No.1 dated 20.05.2006 Two Record of Rights/Parcha dated 4.4.2006 A3

4. Loan Application dated 23.08.2006

i) Quotation of ‘Agro Centre’ for the Escorts Limited Farmtrac Tractor dated 18.8.2006

ii) Invoice and Challan of Agro Centre, both dated 23.08.2006. A4

5. Sanction Letter dated 23.08.2006 A5 RAKESH PATI TIWARI

TIWARI Date: 2026.10.17 13:17:23 +05'30'

(Contd…)

6. Memorandum of Agreement for Agricultural Loans dated 23.08.2006. A6

7. Particulars of Vehicles/Machinery/Equipment /Livestock etc. Hypothecated, dated 23.08.2006 A7

8. Money Receipt dated 23.08.2006 of Agro Centre, Certificate of Registration dated 25.01.2007 A8

9. Title Deed Nos. I-2627/1991, 2496/1982, 712/1977, 2495/1982, Simple Mortgage Deeds dated 23.08.2006, joint Affidavit dated 13.9.2006 A9

10. Form No.1 dated 23.08.2006 A10

11. Acknowledgement of Debt And Security documents dated18.03.2009, 09.08.2011, 25.06.2014 A11

12. Acknowledgement of Debt And Security documents dated 16.12.2008, 8.11.2011 and 25.10.2014 A12

13. Demand Notice dated 28.10.16,30.11.16, A/D card A13

14. Statement of Account A14

5. I have heard the learned counsel for the applicant bank and perused the documents and evidence adduced by the applicant bank. The applicant bank has adduced documentary evidences which are marked as Exhibits ‘A1’to ‘A14’. The sanction and enhancement of loan has been proved by producing the Sanction Letter dated 09.06.2006 and 23.08.2006(Exhibits- ‘A2’& ‘A5’), the execution of required documents like Application Cum Appraisal Form, Agreement Of Hypothecation For Agricultural Loans, Affidavit, Record of Rights/Parcha, Quotation of ‘Agro Centre’ for the Escorts Limited Farmtrac Tractor, Invoice and Challan of Agro Centre, Memorandum of Agreement, Particulars of Vehicles/Machinery/Equipment /Livestock etc. Hypothecated, Money Receipt, Certificate of Registration, Title Deeds Simple Mortgage Deeds, joint Affidavit, Form No.1, Acknowledgement of Debt And Security documents etc. have been proved by exhibiting the same at ‘A1’, ‘A3’, ‘A4’, ‘A6’ to ‘A12’ respectively. By filing the statement of account (Exhibit ‘A14’), the applicant bank has proved the total outstanding dues along with interest upto31.03.2017 to the tune of Rs.12,11,116.00 (Rupees Twelve Lakh Eleven Thousand One Hundred Sixteen) only against the defendants.

6. Taking into account of the creation of the mortgage of immovable landed property by the defendants and execution of Acknowledgement of Debt And Security documents RAKESH PATI TIWARI

TIWARI Date: 2026.10.17 13:17:35 +05'30'

(Contd…)

on 25.06.2014 and 25.10.2014, the limitation available is for 12 (twelve) and 3 (three) years and as such the claim of the applicant bank is within limitation.

7. The applicant bank has got valid cause of action to file this case as after taking the loan the defendants failed to make payment as per the terms and conditions of the sanction letter agreed by the defendants.

8. In the instant matter the applicant bank has pleaded about the specific rate of interest mentioned in para VI-II that it is entitled to get pendente lite and further interest @11.00% p.a. with half yearly rests for KCC loan account and @14.70% p.a. with monthly rests for Term loan account. The rate of interest as mentioned in the Acknowledgement of Debt and Security is 10.65% p.a. with half yearly rests for KCC loan account and 12.25% p.a. with monthly rests for Term Loan account. Thus, the Applicant Bank is entitled for the interest @10.65% p.a. with half yearly rests for KCC loan account and 12.25% p.a. with monthly rests for Term Loan account for the pendente lite and post RC period till the realization of dues amount.

9. There is nothing available on the record to contradict the version of the applicant bank as the ex-parte hearing has been made in this case. Thus the applicant bank has sufficiently proved its case by exhibiting all relevant documents. In the above circumstances, following order is passed ;

O R D E R

(i) T.A.No.58/2026 arising out of O.A. No. 238/2017 filed by the applicant bank is allowed against the defendants No. 1 (a),1 (b), 1(c), 1 (d), 2 (a) & 2 (b) with costs and it is hereby ordered that the applicant bank is entitled to recover the total dues debt amount of Rs.12,11,116.00 (Rupees Twelve Lakh Eleven Thousand One Hundred Sixteen) only with interest calculated upto 31.03.2017 and further interest thereon @10.65% p.a. with half yearly rests for KCC loan account and 12.25% p.a. with monthly rests for Term Loan account from 01.10.2015 till realization of entire balance from the defendants along with cost amount. The liability of the defendants shall be to the extent of value of the property inherited from the deceased borrowers namely, Ranjit Pal and Swapan Pal. RAKESH PATI TIWARI

TIWARI Date: 2026.10.17 13:17:47 +05'30'

(Contd…)

(ii) Amount, if any, paid by the defendants in the loan account or amount recovered by the applicant bank, if any, made towards the loan accounts after filing of the O.A be taken into account while arriving at the exact amount of outstanding payable by the defendants.

(iii) All that Hypothecated properties of the Defendants such as, one Power-Trac Tractor, model-30 Hero, 3 cylinders, 34 H.P with Fal, Cage Wheel, Hood and Wooden Tray made by Escorts Ltd. having ENGINE No. E 2065995, CHASIS No. T 2064178, Blue Colour, Registration No. WB 41C 3551, standing in the name of the Ranajit Pal & Ors. standing in the field, house of the defendant, garage or anywhere else, as mentioned in the Schedule ‘A’ of the original application, and mortgaged property being All that piece and parcel of total land of 7.52 Acres, lying and situates at Dist. Birbhum, Mouza- Baliwara, P.S and ADSR Office- Nanoor, J.L No. 64, which situates as under: Khatian No. Plot No. Area

35 Cents

7”

20”

21”

18”

15”

9”

18”

29”

22”

63”

25/1174, Hal Plot No. 29 23”

23/1173, Hal Plot No 26 28”

29/1186, Hl Plot No 32 12”

22”

745/Hal Plot No 813 34”

743/Hal Plot No 811 14”

27”

95”

16”

26”

29”

18”

28”

30”

22”

9”

270/LR 573 22”

40”

RAKESH PATI TIWARI

TIWARI Date: 2026.10.17 13:17:58 +05'30'

(Contd…)

described in the Schedule of the Title Deed Nos. I-2627/1991, 2496/1982, 712/1977 and 2495/1982, stands in the name of the Defendants shall remain charged to the applicant bank and the applicant bank shall have paramount charge thereon.

(iv) The defendants are debarred from transferring; alienating, encumbering or disposing of the hypothecated/mortgaged properties or any other property and assets belonging to the defendants till the aforesaid adjudicated debt amount is recovered from the defendants.

(v) The defendants are given a time of thirty days from the date of this judgment for repayment of the above decreed debt amount with interest failing which the applicant bank is entitled to recover its dues by sale of the hypothecated/mortgaged property as aforesaid and is also entitled to proceed against the said defendants personally and/or personal properties to recover the dues in accordance with law.

(vi) Let the certificate of Recovery be drawn up by the Learned Registrar forthwith in terms of judgment for issuance of the same against the defendants in favour of applicant bank under Sub-Section 22 of Section-19 of The Recovery of Debts and Bankruptcy Act, 1993and put up the same for signature and issuance.

(vii) Learned Recovery Officer is directed to realize the dues amount from the defendants as per the recovery certificate in accordance with law.

(viii) Let this judgment be uploaded on website of the tribunal and the Registry is directed to serve/send copy of this judgment to the parties free of cost.

(ix) Record is consigned to the record room along with the judgment.

The judgment is signed and pronounced in the open Tribunal on 16th day of October, 2026.

(RAKESH PATI TIWARI) Presiding Officer DRT, Siliguri.

RAKESH PATI TIWARI Digitally signed by RAKESH PATI TIWARI

13:18:12 +05'30'