Allowed

Punjab National Bank v. Debasish Das and Anr.

DRT22 Nov 2023OA/380/2022

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Debt Recovery Tribunal allowed an original application filed by Punjab National Bank for recovery of a house building loan debt of Rs. 34,62,652.72 with future interest against the defaulting borrowers.

What did the court decide?

Recovery of Rs. 34,62,652.72 with future interest at 11.75% per annum, granting 30 days to repay before attachment of assets, and issuance of a Recovery Certificate.

Punjab National Bank versus Debasish Das and Anr. — Banking and Recovery | DRT (2023)

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

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PRESIDlNG OFFICER,

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O.A. No.380 of 2022

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DATE OF DELIVERY OF ORDER : 22/1'l/2023

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Punjab National Bank, a body corporate constituted^{underthe Banking} Companies^{(Acquisition and Transfer} of^{Undertakings)Act, 1970 havingits} corporate offlce at Plot No,4, Sector-10, Dwarka,^{New Delhi-110075 and} Circle Office at 48, lessore^{Road, Barasat,(Near Sethpukur), North24} Parganas, Pin-70O724 & carrying on business^{inter alia, through one of its} branch offices situated at Basirhat, lamrultala-:^{P.o. & P.SBarasat-Basirhat,} North 24 Parganas, Pin-743471 known as PUNIAB^{NATIONAL BANK,Basirhat} Branch, (PAN No.AAACPO165G).

...

Applicant Bank.

-Versus-

1, Debasish Das, proprietor of M/s. [4aa Kaii Suppliers, son of Gopal Chandra Das, residing as well as carrying on business at 3^No. Colony, P.O. & P.S, Basirhat, Pin-743411.

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Rekha Das, wife of Gopal Chandra Das residing as^well as carrying^on business at 3 No. Colony, P.O, & P.S. Basirhat, Pin-743411.

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Defendants.

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Counsel for the Applicant Bankr^-

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Counsel for the Defendantss:-

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Mr. Rathin Dey

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Set ex-parte on 16.10.2023.

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JUDGEIYENT

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The Applicant Bank filed the present OA being No. 0A/380/2022 on 71.01.2022 for recovery of a total sum of Rs.34,62,652,72p (Rupees Thirtyfour Lakhs Sixty-two thousands Six Hundred Fifty-two and^paise Seventytwo only) from the Defendants against the House Building Loan together with interest, cost and other usual reliefs.

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The Defendants served with summons. The Defendants did not appear, as there was no representation from the Defendants, the case was fixed for exparte on 16.10.2023, and heard ex-parte accordingly.

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The Applicant Bank examined 14r. Subhabrata Chakraborty, Principal officer and marked 9 documents through him as Ex. Annexure-A to Ex. Anexure-I.

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Heard the Ld, Counsel for the Applicant Bank.

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The point that arises for consideration is :

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

As stated supra/ the Defendants remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence of Affldavit coupled with the recitals in the documents viz., Exs, Anexure-A to Anexure-I marked on behalf of the Applicant Bank, established the ctaim of the Applicant Bank against the Defendants 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 interest and costs. In the result, the present Original Application is allowed ex-parte with costs, as Under:-

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ORDERED

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(1)O.A. No.380 of 2022 filed by the Applicant Bank ts 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. Rs.34,62,652.72p (Rupees Thirty-four Lakhs Sixty-two thousands Six Hundred Fifty-two and paise Seventy-two only) with pendentelite and future interest @ 11-.75o/o per annum interest with monthly rests on the amount due from the date of filing of the Original Application, i.e. 11.O7.2022 till full and final reatization of the ctaim a mount,

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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, Accordinqly, 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 belonging 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 Judgment/Final Order for repaying of the above mentioned dues, so intimated to them, In case the Defendants fails 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 against the Defendants personally to recoveT the dues in accordance \ryith law.

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(5)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgment 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 Certjficate.

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(6)Ld, Recovery Officer 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 Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the Defendants in favour of the Applicant 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.

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(8) The parties are directed to appear before the Recovery Officer on 26,12.2023 for further action in accordance with law in the event the entire amount is not paid by the said date,

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Accordingly, the Original Application being O.A. No.380 of 2022 is allowed and stands disposed of.

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Copy of the Judgement/Final Order be upload in the Tribunal's website. File is consigned to the Record Room after observing all formalities.

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(Dictated to steno, transcribed by him, corrected, signed and pronounced by me in the open Court on this 22nd November of 20231

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)Li ( KAMAL DE ) PRESIDING OFFICER,

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DEBTS RECOVERY TRIBUNAL-3, KOLKATA Order Sheet (Continuation)

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Case No.o.a.	/3aolzo22 Punjab NationalBankvs.Debasish	Das&Anr.
Dateof order	Orderwithsignature	Officeaction withdateand dated Si9nature
orde r Dt.22.71.2023	orderpronounced^(videseparate sheets)
	Intheresult,o.A./38012022isallowedwithcosts.
	IssueRecoveryCertificateaccordingly.
	(KamalDe) PresidingOfficer DRT-3.Kolkata

Punjab National Bank v. Debasish Das and Anr.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Debasish Das and Anr.

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

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Case details

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