Allowed

Punjab National Bank v. Samiul Gharami

DRT6 Nov 2024OA/249/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an ex-parte Original Application filed by Punjab National Bank for the recovery of a debt of Rs. 20,47,509.21 against an absent defendant. The court determined the debt, declared the defendant jointly and severally liable, and directed the issuance of a recovery certificate.

What did the court decide?

Recovery of Rs. 20,47,509.21 with interest; issuance of Recovery Certificate; restriction on disposing of defendant's properties.

Punjab National Bank versus Samiul Gharami — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS^{RECOVERY TRIBUNAL-IIIKOLKATA} PRESENT: -SRI KAMAL^DE.

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PRESIDING OFFICER.

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O.A. No. 249^OF2024.

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DATE OF DELMRY^{OF ORDERI06/aal2024}

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Punrab National Bank is^{abody corporate constitutedunder the Bankinq} Companies^{(Acquisation and Transferof Undertakings)Act,1970, having its Head} Office at Plot No-4, Sector-10,^{Dwarka,NewDelhi-110075, andcarrying on business} at Baruipur Branch,^{KulpiRoad, Padmapukur,Kolkata-700144,District-south 24} Parganas, commonly^{known as BaruipurEranch and alsoat Sastra Circle,141,} Amtala Road,^(Near Padmapukur),^{P.O Baruipur,District- South24 Parganas, inter} alia within the^{jurisdictionof this Ld Tribunal.}

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... Applicant Bank.

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Versus-

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Samiul Gharami,sonof Saiod Ali Gharami,^{Proprietorof l'4/sSaniDrug House. 107,} Baruipur Station Road^(West), P.O. and^{P.S - Baruipur,Kolkata-700144,District:} South 24 Parganas and also of 4th Floor, Kiron^{Pratima Bhavan, BaruipurPuraton} Bazar, Doltala, Ward No.6, Kolkata'700144, District:^{South24Parganas(P,AN:} AlLPGG1374P).

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Defendant.

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counsel for the Applicant Bank:

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Onkar Ganguly, Advocate,

set ex-parte on

26/09/2024

]UDGEMENT

The Applicant Bank filed the present O.A. being No. 0.A./249/2024 on 02/04/2024 fol recovery of a total sum of Rs, 20,47,509.21l- (Rupees twenty lakh forty seven thousand five hundred nine and paisa twenty one only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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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 26/09/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 25 documents through Sri Dev Anand Sharma, Chief Manager marked as Exhibit Annexure A-1 to Exhibit Annexure-A-25.

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Heard the Ld. Counsel for the Applicant Bank.

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Ihe point that a ses for constderatron rs :

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Whether the Applicant Bank is entitled to the claim^{made in the OA againstthe Defendants} and OA schedule^properties as^{prayed for?}

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As stated supra, the Oefendant remained^{absent and did not turn up to controvert the} version of the O.A. of Applicant Bank. The Evidence^{Affidavit coupled with the recitalsin the} documents viz., Exhibits Annexure-A-1 to Exhibat Annexure-^{A-25 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^jointly and severally liable to^pay to the Applicant Bank the claims made in the OA with future interest and costs.

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ln 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. 249 of 2024 filed by the Applacant Bank is allowed and debt is determined with cost against the defendants, It is hereby ordered that applicant bank is entiued to recover from the defendants the totat amount to the tune of Rs. 20,47,509.21l- (Rupees twenty takh forty seven thousand five hundred nine and paisa twenty one only) with pendentelite and future interest @ 11.25% per annum interest with simple on the amount due from the date of filing of the Originat Apptication i,e. O2/04/ZOZ4 tifi full and finat reatization 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 Appricant Bank after filing of the o.A. the same be taken into account whire 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 disposang, 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 Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fair to pay the dues within the above mentioned time, the applicant bank is entifled to recover its dues by sale of secured assets, jf any. Applicant bank is also entafled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personafly to recover the dues in accordance with raw.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same agaanst defendants in favour of the applicant bank

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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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 termof the final} orderrudgement for recovery^{of the sum against the defendantin favourof theApplicant} Bank under Section 19^{(22) of the Recovery of Debtsdue to the Bank andFinancial} Institutions Act, 1993^{now known as Recoveryof Debtsand BankruptcyAct, 1993}

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(8)The parties are darected to appear before the Recovery^{Officet on 0611212024 for further} action in accordance with law in the event^{the entire amount is not paidby the said date}

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Accordingly, the Originai Applacation being^{O.ANo. 249 of 2024is allowedand 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 Room.

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(Dactated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the O6th day of November, 2024)

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PRESIDING OFFICER.

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)

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CaseNo.OAN	o-249of2024	PuniabNationalBankVs.Samiul Gharami
OrderNo.05 Dt.06l1L/2024	orderpronounced	(vide separate sheets).
	In theresult,O.A. RecoveryCertificat	No. 249of2024 isallowedwithcosts. Issue e accordingly.
		(Kamal De) PresidingOfficer DRT-3,Kolkata

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Debts Recovery Tribunat-3, Kolkata Order Sheet (Continuation)

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Case No. O.A. /249l2O24
Puniab National Bank Va, Sa;iut Gharami
Date of Order
Order with signature
Order No.05
Present:.
ot.26/ 09/ 2024
For Applicant : Ld. Advocate Onkar canguly
For Defendants I None
The Registry has issued notice to the Defendant in terms of
order passed by this Tribunal. Oefendant has not turned up
despite the fact that the notices have been served upon the
Defendant. Applicaht prayed for hearing of the case ex_parte.
The matter is pending since April 2024. Hence right available to
sole Defendant for filing of W.S. and counter evidence is to be
closed. It is closed. The OA proceeds ex-parte. Heard the Ld
Counsel for the Applicant. Reserved for order.
Applicant may file wdtten notes of arguments.
To O6/1L/2024 for o.:c]er.
( Kamal De )
Prestdinq Officer
DRT-3, Kotkata
-.--

Punjab National Bank v. Samiul Gharami

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Samiul Gharami

Case brief

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What did the court decide?

What the court decided

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