Allowed

Punjab National Bank v. Subir Patra

DRT27 Sept 2024OA/387/2022

Case brief

AI extract

What is this about?

In an ex-parte hearing for recovery of a cash credit loan, the Tribunal allowed the Original Application against an absent defendant. The debt was determined along with future interest, and a recovery certificate was directed to be issued.

What did the court decide?

Allowed the Original Application; ordered recovery of Rs. 24,64,377/- with interest; directed issuance of Recovery Certificate under Section 19(22) RDB Act, 1993.

Punjab National Bank versus Subir Patra — Banking and Recovery | DRT (2024)

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BEFORE THE^{DEBTS RECOVERY TRIBUNAL-IIIKOLKATA} PRESENT: -SRI^{KAi'lAL DE.}

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PRESIDING OFFICER.

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O.A. No.3a7 OF^2022.

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DATE OF DELIVERY OF^{ORDERI2710912024}

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Punrab N.tlonal Bank is a^{body corporateconstitutedunder theBanking} Companies^(Acquisition and^{Transferof undertakings)Act, 1970, havingits Head} Office at Plot No-4, Sector-10,^{Dwarka,NewDelhi-110075, andcarrying on business} at Champahati Branch, P.O. Champahati,^{P.SBaruapur,Pin Coder 743330,District-} South 24 Parqanas, commonly^{knownas Champahati Branch and also at Sastra} Circle, 141, Amtala Road,^{(NearPadmapukur),PO Baruipur,DistrictSouth24} Parganas, inter alia within the iurisdiction of this Ld^Tribunal.

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Applicant Bank.

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1. sri Subir Patra, Proprietor of M/s. Patra Builders, son of Late Gopal Patra of Village Piyali (near Piyali Chhatu Para Primary School), Piyali Station- Narayanpur (PWD Road), P.O, Kalaria, P.S. Canning, Ghutiary Shariff, District- South 24 Parganas, West Bengal, PIN-743363⁽ PAN: ASYPPs824B).

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Defendant.

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Counsel for the Applrcant Bank:

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Onkar Ganguly, Advocate,

Set ex-parte on

t8/09/2024

JUDGEMENT

The Applicant Bank filed the present O,A, being No. O.AJ3A7/2022 on ].3/07/2022 tor recovery of a total sum of Rs. 24,64,377/- (Rupees twenty four lakh sixty four thousand three hundred and seventy seven only) from the Defendants towards Cash Credit Loan toqether 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 1a/O9/2024, and heard ex-parte acco.dingly,

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The Applicant Bank examined 26 documents through Smt. Atrayee Sarkar, Senior Branch Manager marked as Exhibit Annexure-A to Exhibit Annexure-AA.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration ts :

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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 Defendant^{remained absent and did not turnup to controvert the} version of the O,A. of Applicant^{Bank.The Evidence Affidavatcoupled wath the recitalsin the} documents viz., Exhibits Annexure-A^{to Exhibit Annexure-AA marked on behalf of the} Applicant Bank, established the claim of the^{ApplicantBankagainstthe Defendants and OA} schedule^properties. Hence, I hold that the^{Defendants are} iointly^{and severally liable 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. 387 ot 2022 tiled by the Applicant Bank is 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 ot Rs.24,64,377/- (Rupees twenty four lakh sixty four thousand three hundred and seventy seven only) with pendentelite and future interest @ 11.50o/o per annum interest with simple on the amount due from the date of filing of the Original Application i.e. 13/07/2022 till full and finat reatization of the ctaim 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 Bahk 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. pendentetite 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 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 entided to recover its dues by sale of secured assets, if any. Applicant bank is also enti ed to proceed against personal properties of the defendants (Both movable and immovable) and atso proceed against the defendants personally to recover the dues in accordance with law.

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(s)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement 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 Certificate.

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(6)Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants rn accorddnce wtth l.tw.

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(7) Ld. Regastrar of this Tribunal is dlrected to deliver recovery certificate^{in termof thefinal} order/judgement for recovery of the sum^{against the defendantin favourof the Applicant} Eank under sectlon 19⁽²²⁾ of the Recovery of Debts^due to^{the Bank andFinancial} Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy^Act,1993.

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(8) The parties are dlre€ted to appear before the Recovery Ofticer on O7/l!'/2024 for further action in accordance with law in the event the entire amount ls not^paid by the said date.

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Accordingly, the Original Appllcation being O.A. No. 387 of 2022 is allowed and stands disposed of,

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Copy of the ludgemenVFinal Order be uploaded in the Tribunal's website. File is conslgned to the Record Room.

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(Dictated to steno, transcflbed by her, corrected, signed and pronounced by me rn the open Court on thts the 2/lh day of September, 2024)

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.>_----* ( KAMAL DE ) PRESIOING OFFICER.

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

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Case No. OA No. 387 of 2022 Puniab National Bank Vs. Subir Patra
Order with signature
Order No.05
Order pronounced (vide separate sheets).
ot.27 t 09l 2024
In the result, O.A. No. 387 of 2022 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata

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

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case No. o.a./3a7l2022

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Puniab National Bank Vs. Subir Patra

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Date of Order

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Order with signature

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Order No.05 Dt.1At09/2024 Present: S l. No.35

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For Applicant I Ld. Co!nsel Onkar Ganguly For Defendant : None

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The Regjstry has issued notice to the Defendant in terms oF order passed by this Tribunal. Defendant has not turned up despite the fact fhat the notices have been served upon the Defendant. Applicant prayed for hearing oF the case ex-parre. The matter rs pending since 2022. Hence right avatlable to sole Defendant for filing of W.S. and counter evidence is to be closed. It is closed. The OA proceeds for ex,parte. Heard the Ld Counsel for the Apphcant. Reserved for order. Applicant may file written notes of arguments. To 27 /09/2024 for o.det.

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( xam;t D Presiding Officer ORT-3, Kolkata

Punjab National Bank v. Subir Patra

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Subir Patra

Case brief

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What did the court decide?

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