Dismissed

Pinku Banerjee v. United Bank of India Now Punjab National Bank

DRAT5 Feb 2024REGULAR APPEAL/148/2023

Case brief

AI extract

What is this about?

The Appellate Tribunal dismissed the appeal filed against the DRT's order dismissing a SARFAESI application seeking one-time settlement and injunction. The court held that the application lacked merits, no challenge was made to statutory notices, and the DRT lacked power to grant a one-time settlement.

What did the court decide?

The appeal was dismissed and the impugned order of the Debt Recovery Tribunal was confirmed.

Pinku Banerjee versus United Bank of India Now Punjab National Bank — Cheque Dishonour | DRAT (2024)

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Appeal No. 148 of 2023-DRAT-Kolkata

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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

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Appeal No.148 of 2023

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(Arising out of T.S.A.1327 of 2016 in DRT-III, Kolkata)

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THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON

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Pinku Banerjee, S/o Late Parimal Banerjee, Village & P.O. Dakshin Chatra, Police Station – Baduria District North 24 Parganas

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… Appellant

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-Versus-

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The Authorised Officer, United Bank of India, Now Punjab National Bank Chief Manager, 24 Parganas (N) Region, Barasat, District North 24 Parganas.

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The Branch Manager, United Bank of India, Now Punjab National Bank Dakshin Chatra Branch P.O. – Dakshin Chatra, District North 24 Parganas. Pin. 743247.

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… Respondents

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Counsel for the Appellant … Mr. Gautam N. Bhattacharya

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Counsel for Respondents … M r. Debasish Chakrabarty, Ld. Counsel with Ms. Sarmistha Pal, Learned Counsel

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JUDGMENT : 5^th February, 2024

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THE APPELLATE TRIBUNAL :

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Instant Appeal has arisen against a judgment and order dated 20^th June, 2022 passed by Learned DRT-3 Kolkata in TSA No. 1327 of 2016 whereby an SA filed by the Appellant was dismissed.

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2. I have heard the Learned Counsel for the parties and perused the record.

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Appeal No. 148 of 2023 -DRAT-Kolkata

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3. A SARFAESI application was filed by the Appellant for the relief without an injunction along with a direction for one time settlement with the assertions that a loan of Rs. 5 lacs (Rupees five lacs) was taken by the Appellant wherein certificate of Indira Vikas Patra and Tata AIG life insurance Certificate were deposited. The Loan became irregular and was classified as NPA. Notices under Section 13(2) and 13(4) of the SARFAESI Act were issued. Thereafter, SARFAESI Application was filed.

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4. Learned Counsel for the Appellant would submit that the Appellant has sought a relief for one time settlement. He was prepared for the same. But the same was not granted. Secured assets were sold without any information to the Appellant. It is further submitted that the SARFAESI Application was filed within time.

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5. Application filed by the Appellant itself lacks merits. No ground is shown in the SARFAESI Application upon which the securitization action initiated by the Bank was challenged. Further neither notice under Section 13(2) nor 13(4) of the SARFAESI Act were challenged by the Appellant. A relief for one time settlement was sought for which the DRT was not empowered to do so. Further, an injunction was sought without challenging the notice under Section 13(4) of the SARFAESI Act. Even in the nomenclature United Bank of India is shown as opposite party while it was merged with Punjab National Bank.

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6. I do not find any illegality in the impugned judgment. Appeal lacks merit and is liable to be dismissed.

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Appeal No. 148 of 2023 -DRAT-Kolkata

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O R D E R

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Appeal No. 148 of 2023 is dismissed. Impugned order dated 20.06.2022 passed by the Learned DRT-3 Kolkata is confirmed.

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Copy of the order be supplied to Appellant and the Respondents and a copy be also forwarded to the concerned DRT.

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File be consigned to Record room.

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Order dictated, signed, and pronounced in open Court.

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(Anil Kumar Srivastava,J) Chairperson

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Dated: 5^th February, 2024 tp

Pinku Banerjee v. United Bank of India Now Punjab National Bank

Case brief

What is this about?

What did the court decide?

Pinku Banerjee v. United Bank of India Now Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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