Debts Recovery Tribunal allowed an Original Application filed by Punjab National Bank for the recovery of Rs. 69,16,358.38 along with interest. Claim was allowed ex-parte against defendants who did not appear.
Recovery of Rs. 69,16,358.38 plus interest at 9.95% p.a. from 01.01.2022 with monthly rests, secured by mortgaged property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER
O.A. No.35 OF 2022
DATE OF DELIVERY OF ORDER : 6th March, 2024
Punjab National Bank, a body corporate constituted under the banking companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Plot No.4, Setor-10, Dwarka, New Delhi-110075 and successor of Oriental Bank of Commerce/United Bank of India, by scheme of amalgamation of Oriental Bank of Commerce/ United Bank of India, Passed by Central Government under section 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, through one of its Branch/ Department/ Division, having office at 31, C.R. Avenue, P.S. Bowbazar, Kolkata-700012 commonly known as C.R. Avenue Branch.
..............APPLICANT
................DEFENDANTS
Counsel for the Applicant Bank: - Ms. Snigdha Dutta,Ld Counsel Counsel for the Defendants:- Set ex-parte on 09.01.2024
J U D G M E N T
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mode of postal service. Despite giving sufficient time, Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared ex parte on 09/01/2024.
In the above circumstances it is ordered :
O R D E R
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Accordingly, the Original Application being O.A. No.35 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of.
Copy of the Judgment/Final Order be uploaded in the
Tribunal’s website.
File is consigned to the Record Room.
( Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 6th March, 2024)
Place: Kolkata ( Ambuja Mohan Das ) Date: 06/03/2024 Presiding Officer
Page No.- Order Sheet (continuation)
| Case No. O.A/35/2022 | Punjab National Bank vs M/s FU Gen Fashions & Anr. | |
|---|---|---|
| Date of the order |
Order with signature | O ffic e ac tion with date and dated s ignature of parties when nec es s ary |
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| 06/03/2024 Ld. Advocate Ms. Mousumi Ganguly forMs. Snigdha Dutta,Ld Counselappeared for the applicant bank No one is present on behalf of the Defendants. Matter was heard in open Court on this the day of 09/01/2024. The detailed order in three pages annexed separately. The gist of the order is as follows: O R D E R i) Claim of the Applicants is allowed with cost. ii) The Defendants are liable to pay jointly or severally Rs. 69,16,358.38P with interest @ 9.95% p.a. with monthly rests from 01.01.2022 against the Defendants till payment or realization. |
|---|
| iii) It is declared that the claim is secured by mortgaged property described in the schedule of the OA at page-19. iv) Let, a certificate be issued accordingly. |
| v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) 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. vii) The parties are directed to appear before the Recovery Officer on 17/04/2024 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No.35 of 2022 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to Stenographer, transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 6th March, 2024) |
| Place: Kolkata ( Ambuja Mohan Das ) Date: 06/03/2024 PresidingOfficer |
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1 issue framed by the court
Whether the applicant bank has established a valid claim for recovery of dues against the defendants.
1 provisions across 1 enactments
Punjab National Bank
M/s FU Gen Fashions & Anr.
Ambuja Mohan Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
