Allowed

Punjab National Bank v. Samir Kumar Mondal and Ors.

DRT24 Sept 2024OA/424/2023

Case brief

AI extract

What is this about?

In an ex-parte proceedings, the Debts Recovery Tribunal allowed the Original Application filed by Punjab National Bank for recovery of a term loan debt of Rs. 26,33,829/- from the defendants, including future interest and costs.

What did the court decide?

Recovery Certificate to be drawn up under Section 19(22) for recovery of Rs. 26,33,829/- with pendent lite interest at 10.85% per annum.

Punjab National Bank versus Samir Kumar Mondal and Ors. — Money Laundering | DRT (2024)

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BEFORE THE DEBTS RECOVERY^{TRISUNAL-III KOLKATA}

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PRESENTT -SRI KAI'IAL^DE

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PRESIDING OFFICER

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O.A' No.424 of 2023

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DATE OF DELMRY^{OF ORDER| 231O9/2024}

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PUNIAB ,{ATIONAL BA &^{a body corporate constitutedunderthe Banking} Companies^{(Acquisitionand Transferof Undertakings)Act,1970, having its Head} Office at Plot^No. 4,^{Sector -10, Dwarka, New Delhi-110075 and carryingon} business through one^{of ats Sastra Division, Circle Office at 48, Jessore Road'} Barasat^(near Sethpukur),^{North24 Parganas, Pin - 700724and havingone of lts} branches situated at^{Amdanga,P.O. Kamdebpur, P.5, Amdanga,North 24 Parganas'} Pin - 743221, commonly^{known as Punjab NationalBank,AmdangaBranch'} hereinafter referred^{as the "Applicant Bank", withinthe iurisdictionof thisLearned} Tribunal.

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... APplicant Bank

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-Versus-

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Samh Kumar Mondal,^{sonof Late litendraLal Mondal, proprietor of M/s Tarak Nath} Variety Stores,^Village -^{MirhatiPurbapara, SantoshpurMore,P O llirhati'P S'} Amdanga, North 24^{Parganas, Pin} -⁷⁰⁰¹²⁵

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2- SimaMondal,wifeofSamirKumarllondal,Village-l4irhatiPurbapara'Santoshpur More, P.O. Mirhata, P.S.^{Amdanga, North 24 Parganas, Pin - 7OO125}

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sudhir Kumar^{Mondal,sonof Samir Kumar Mondal,Viilage -MirhatiPurbapara'} Santoshpur^{More, P.O. Mirhati, P,S.Amdanga, North 24 Parganas'Pin - 700125}

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.-. Defendants

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Counsel for^{the APP|icantBank: -}

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Rathin DeY, Advocate Set ex-Parte on 3O/Oal2024

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JUDG ET,IE^NT

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The Applicant^{Bank filed thepresentOAbeingNoO A424 ot 2023on l4lo7/2o23 fot} recovery of a total^{sumof Rs. 26,33,829/-(Rupeestwenty six lakh thirtythree thousand} eioht hundred^{twenty nine only) from the Defendantstowardsterm loantoqether with} interest, cost^{and otherusual reliefs'}

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The Defendants^{are servedwith summonsThe defendantsdid not appear' as there wasno} representation^{from the defendants,the case wasfixedfor ex-partehearing on 30IOA/2024'} and heard ex-Parte^accordinglY'

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The Applicant Bank examined 13 documents through Musa Karim, Senior Manager, marked as Exhibit Annexure - A to Exhibit Annexure -^i4.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt 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?

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As stated supra, the Oefendant remained absent and did not turn up to controvert the versaon of the O,A. of Applicant Bank. The Evidence Amdavit coupled with the recitals in the documents viz,, Exhibit Annexure A to Annexure M 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 jojntly and severally liable to pay to the Applicant Bank the claims made an the OA with future interest and costs.

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ln the result, the present Original Application is allowed ex-parte wath costs, as under:-

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ORDER

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(1) O.A. No. 424 of 2023 filed by the Applicant Bank is allowed and debt is determined wrth cost against the defendants. It as hereby ordered that applicant bank as entitled to recover from the defendants the total amount to the tune of Rs. 26,33,829/- (Rupees twenty six lakh thirty three thousand eight hundred twenty nine only) wath^pendentelite and future interest @ 10.85!/0^per annum interest with simple on the amount due from the date of filing of the Original Application i.e. l4lo7/2023 till full and final realization 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 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. Accordingly, pendentelite and future interest shali 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 aforesald 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 ludgement/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 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 aqainst the defendants^personally to recover the dues^{in accordance}

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(s) Let the Certificate of Recovery be drawn up by Ld. Regastrar^{forthwithin termsof} ludgement for issuance of the same against defendants an favour of the applicant bank

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under Section 19 (22) ot 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 an accordance with law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certlficate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 19 (22) ot 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 Officet on 5/11/2024 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 beang O.A. No. 424 of 2023 is allowed and stands disposed of.

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

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(oictated to steno, transcnbed by her, correct€d, srgned and Pronolnced by me in the op€n Court on this 23'd day of Septemb€r, 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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Case No. OA No- 424/2023 Punjab National Bank Vs. Samir Kumar Mondal & Ors.
Date of Order Order with signature
Order No.6
Order pronounced (vide separate sheets).
Dt.23/09/2024
In the result, O.A. No. 424 of 2023 is allowed with costs. Issue
Recovery Certificate accordingly.
{ Kamat De )
som Presiding Officer
DRT-3, Kotkata

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

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caseNo.OA/4	24/2023 PunjabNationalBank Vs.Samir KumarM
DateofOrder	Orderwithsignature
OrderNo.5 or.30/,at2024	Present:.
	ForApplicant:Mr. Rathin Dey,LdCounsel ForDefendants:None
	TheRegistryhasissued noticetotheDefendantinterms of orderpassedby thisTrlbunal.Defendanthasnot turnedup despitethefactthatthenotices have been served uponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Ihematterispending sjnce2023.Hencerightavailabletosole DefendantforfalingofW.S.andcounterevadenceistobe closed,Itisclosed. TheOAproceedsforex-parte.HeardtheLd Counselfor the Applicant.Reservedfor order. Applicant mayfile writtennotes of arguments.
	fo23/0912024fotorder.

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Punjab National Bank Vs. Samir Kumar Mondal & Ors.

Punjab National Bank v. Samir Kumar Mondal and Ors.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Samir Kumar Mondal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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