Allowed

Punjab National Bank v. Ms Mondal Construction and Ors.

DRT18 Apr 2024OA/341/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the original application filed by Punjab National Bank for recovery of a loan debt of Rs. 34,28,865/- against three respondents. The bank was granted a 30-day repayment period and debarred from selling assets until the debt was recovered, with authorization to proceed against secured and personal properties if necessary.

What did the court decide?

Decision allowing OA No. 341 of 2023, directing defendants to pay Rs. 34,28,865/- within 30 days, issuing recovery certificate, and debaring disposal of assets.

Punjab National Bank versus Ms Mondal Construction and Ors. — Execution and Attachment | DRT (2024)

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

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PRESIDING OFFICER

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O.A. No. 341 of 2023

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OATE OF DELMRY OF^{ORDERI tA/04/2024}

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PUNIAB NATIONAL BANK, a^{body corporateconstiLutedunder theBanking} Companies^{(Acquisitionand Transferof Underlakings)Act, 1970, havlng its Head} Office at Plol No.4, Sector^{10, Dwarka, New Delhi'110075and carryingon} business through one^{of rts Sastra Divisron, CircleOffice, Kolkata South, 9r" Floor,} 11, Hemanta Basu Sarani,^{Unated Tower, Kolkata 700001 and at all material times il} carried on and carries^{on BankingBusinessaL several placesof lndia,having oneof} rts branches at E/2, Baishnabghata^{Patulr Township,District South24 Patgana,} Kolkata-700094, commonly^{krrown as BarshnabghaLaPattrli Branch,herernafter} reFerred as the "ApplrcanL^{Bank", withrnthe jurisdictioll of this LearnedTrrbLrnal'}

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. Applrcant Bank

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Ve Tsut;

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M/s Mondal Construction,^{representedby rta proprretorSuJit} Kumar I,londa, Uttar Dasanrpara, Tegharra,^{PosL OficeR K Pal y, PolrceStatron} Sonarpur, Dislr^ct South 24 Parganas,^Prn700150

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Sri Suiit Kumar^{Mondal,sonof Barshnab I\4onda,residing} at Uttar DasanlPara, 'l,g'1rfid. Po"l O flce a \ Pa, v oolr'^p Slal 01 SolarpL" District SoLrth^2'l Parqanas, Pln⁷⁰⁰¹⁵⁰

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Smt. Anima Mondal,^wrfe of Sulrt Kumar Mondal,^{residlngat Uttar Dasanipara,} Tegharia, Post Office^RK Pally, Police Station -^{Sonarpur,District-South 24} Parganas, Pin^{- 700150}

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Defendants

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Counsel for the^{APP|icant Banki}

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Ms. Samaptr^{RoY,Advocales}

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Set ex Parte on 1/04/2024

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]UDGE M^qNT

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347 of 2023 o^^{12105/2023fo.} The Applicant Bank^{filed thepresentOAbeingNo'O A'}

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recovery or a^{LoLalsumoF Rs- 34,2A,A65/-(Rupeesthirty four lakhtwenLy eightthousand} e^ght hundred^{srxty fve on y) lromlhe} Defendanls towards^{termloan togetherw lh}

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lnlercsl, cost and oLher^{usual rellefs.}

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The DeienCanls are^{servedwith summons. The defendants drdnot appear, as therewas no} case was^{frxedfor ex parLe hearingon 1lO1/2421,} representatron^{from the defendants, the}

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and heard ex_Parte^accordinglY.

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(2)

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(3)

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The Applicant Bank examined 15 documents through lyrs. Subrr Paul, Ivlanager marked aq Exhibit Annexure A/1 to Exhibit Annexure A/15.

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Heard the Ld. Counsel for the Applrcant Bank.

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The point that alses for consideration is .

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Whether the Appticant Bank is entrtled to the ctalm made In the OA agarnst the Defendants and OA schedule properttes as prayed fo r?

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As stated supra, the Defendant rernained absent and drd not turn up to controvert the verston of the O.A. oF Applrcant Bank. The Evrdence Affldavit coupled wrth the recitals in the documents vrz., Exhtbrt Annexure A/1 to Annexure A/15 marked on behatf of the Appircant Bank, estabrished the craim of the Apprrcant Bank agarnsr the Defendants and oA schedure propertres Hence, i hold that the Defendants are lointly and severally liable to pay to the App|canl Bank the clarms made rn the OA with future rnterest and costs.

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In the resurt, the presenr originar Apprrcatron is alowed ex parte $/ th costs, as unde.

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qRO EB

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(r)

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O.A. No. 341 af 2023 filed by the Applrcant Bank rs allowed and debt ls deLermrned wrth cost agarnst the defendants. It s hereby ordered that applrcant bank ls entr ed to recover from the defendanLs the total arnount to the Lune of Rs. 34,28,865/- (Rupees thirty four lakh twenty erght thousand erght hLrndred srxty five only) with pendentelite and futLrre nterest (or 10.50o/o per annurn rnteresr wrth srmp e on the arnount due frofir the date of frlrng of the oriqinar Apprrcatron t.e. 12/as/2023 trI fufl and finar rear zatron of lhe claim amount.

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Amount, if any, paid by the defendants in lhe loan accounts or amount, if dny, recovered by the Appllcant Bank after rilrng of the O.A. the same be taken lnto account whiie arriving at the exact amounI of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

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Defendants are debarred from drsposing, alienahng or dealrng wlth any of the propertres belonging to them ttll the aforesaid decretal debt is recovered from the defendants_

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(4)

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Defendants are gaven a time of thirty days from the date of the ludgement/Final Order for repaying of the above mentjoned dues. so intimated to them. In case the defendants fail to pay the dues wtthin the above mentioned trme, the applicanl bank ts entrfled to recover its dues by sale of secured assets, tf any. Applicant bank is also enti ed lo proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance

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(s) Lel the Cerbficate of Recovery be drawn up by Ld. Reqistrar forthwrth rn terms ot Judgement for rssuance of the same against defendants in favour of the applicant bank

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under Seclion 19 (22) of the Recovery of Debts and Bankruptcy Acl, 1993 and put up the same for rssuance of the Certtf cate.

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(6) Ld. Recovery Offcer shall realtze the amount as per the Recovery Certrfrcate from the defendants in accordance with aw.

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(7) Ld. Registrar of this Tribunal rs d rected to detrver recovery cert Frcate in term of the flna order/judgement for recovery of the sum against the defendant rn favour of the Appl cant Bank under Sectron 19 \22) of Lhe Recovery of Debts due to the Bank and Financral Institirfrons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, tg9l

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(8) The parties are d rected to appear before the Recovery Offtcer on lB/0612024 for further acLron in accordance with law in the event the entire amount is not pard by the said date.

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Accordrngly, the Oflglnal Applrcation belnq O.A. No. 341 of 2023 rs a lowed and stands drsposed of.

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Copy of the ludgement/Final Order be upload in the Tribunal's website. Frle is consrgned to the Record Room.

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(D ctated to steno, transcrLbed by her, corre.red, srgned and profounced by me rn the open Co!rt on thrs 18rh day or Apr l, 2024 )

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( KAMAL DE ) - PRESIDING OFFICER

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som/

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

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M/s Mondal Construction^&

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Dateof Order	orderwithsignature I	orri.e a.tionwith date.nd^dated partie5 when
ardelNal Dt1819412p24	Order^{pronounced(vrdeseparate sheets)'} In theresult, O.A.^{No. 341of2023 isallo\aed} lgsueRecovery^{CerLrfrcaleaccordrngly'} wrthcosts.
	(Kamal De) Presd nq Ofircer DRT-3,Kokdta _	t

Punjab National Bank v. Ms Mondal Construction and Ors.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Ms Mondal Construction and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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