Allowed

Punjab National Bank v. Ms Nur Fish Food Centre and Anr.

DRT20 Dec 2023OA/232/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte original application filed by Puniab National Bank for recovery of a debt of Rs. 21,88,884.54/- against defaulted borrowers, granting a recovery certificate and directing sale of assets if payment is not made within 30 days.

What did the court decide?

Recovery certificate issued for Rs. 21,88,884.54/- with interest; defendants debarred from selling properties; 30-day repayment period granted; foreclosure on assets permitted upon default.

Punjab National Bank versus Ms Nur Fish Food Centre and Anr. — Banking and Recovery | DRT (2023)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-III^KOLKATA PRESENT: -SRl KAMAL DE.

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PRESIOING OFFICER.

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O.A. No. 232 OF 2022.

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DATE OF DELIVERY OF ORDER I 20/12/2023

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Puniab National Bank is a body corporate^{constitutedunder the Banking} Companies (Acquisition and Transfer of undertakings)^{Act, 1970, having its Head} Office at Plot No. 4, Sector-10, Dwarka, New^{Delhi-110075and having its Circle} Office beinq Circle office, Kolkata, DD-11, Sector-1,^{PNBHouse, SatLake, Kolkata-} 700064 and carrying on business through^{its various Eranches, inter alia, at the} Birati Branch, 88, Sarat Bose Sarani, Police Station-^{Airport, District- No.th 24} Parganas, Kolkata- 700064, within the iurisdiction of this Ld.^Tribunal.

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Applicant Bank.

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-Versus-

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lY/s. Nur Fish Food Centre, represented by its Proprietor^{namelyI\4r. NurHosen,} Village Khariberia. Post Office- Kamduni, Police Station- Baarasat, District-^{North 24} Parganas, Kolkata- 700135

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Mr. Nur Hosen, Son of 14r. Ali Ahammad residing Village Khariberia,^{Post Office-} Kamduni, Police Station- Baarasat, District- North 24 Patganas, Kolkata- 700135

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Defendant.

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Counsel for the Applicant Bank: -

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14r. Gokul Chandra Rout, Advocate,

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Set ex-parte on 22/1t/2023

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JUDGEMENT

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The Applicant Bank filed the^present O.A. being No. O.A,123212O22 on 1l/05/2022 tot recovery of a total sum of Rs, 21,88,884.54/- (Rupees twenty one lakh eighty eight thousand eight hundred eighty four and^paisa fifty four only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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2, The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 22111/2023, and heard ex-parte accordingly.

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The Applicant Bank examined 12 documents through Sri Bijoy Das, Senior lvlanager marked as Exhibit Annexure A to Exhibit Annexure-H.

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Heard the Ld. Counsel for the Applicant Bank.

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I J

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The point that arises for consideratlon is :

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Whether the Applicant Bank is entitled to the claim made in the OA agajnst the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-H marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are iointly and severally laable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as under:,

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ORDER

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(1) O.A. No. 232 ot 2022 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants, It is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs, 2l tAA,a84.54/ - (Rupees twenty one lakh eighty eight thousand eight hundred eighty four and paisa fifty four only) wath pendentelite anO future interest @ 9.40^o/o per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 11/05/2022 till full and final realization of the claim amount,

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(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,

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(3) Defendants are debarred from disposing, alienating or dealing with any of the properties be,onging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty 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 mentioned 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 aqainst the defendants personally to recover the dues in accordance with law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for issuance of the same against defendants in 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 Certtficate.

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(6) Ld. Recovery Offacer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld Registrar of this Tribunar is directed to deriver recovery certificate in term of the finar order/judgement 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 aank and Financiar lnstitutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B)Ihe parties are directed to appear before the Recovery afficer on 22/Ot/2O24 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingry, the originar Apprication being o.A. No. 232 0f 2022 is alowed and stands disposed of,

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Copy of the Judgement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Roorn.

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( Dictated to steno, transcribed by her, corrected, signed and pronounced by me n the open Court on this the 2otnday of December, 2023)

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I 3 ( KAI4AL DE ) PRESIDING OFFICER,

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Conti n uatio n )

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CaseNo.OAN	o.232of2022	PunjabNationalBank Vs. M/s.NurFish FoodCentre & Anr.
DateofOrder		Order withsignature
OrderNo. pt.20112/2023	Order pronounced	(vide separate sheets).
	Intheresult,O.A. RecoveryCertificat	No.232of2022is allowedwithcosts.Issue e accordinqly.
		(Kamal De) PresidingOfficer DRT-3,Kolkata

Punjab National Bank v. Ms Nur Fish Food Centre and Anr.

Case brief

What is this about?

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Punjab National Bank v. Ms Nur Fish Food Centre and Anr.

Case brief

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