The Debt Recovery Tribunal allowed an ex-parte application filed by Punjab National Bank against its debtor for the recovery of a loan, determining the debt and ordering recovery with interest.
Recovery certificate issued and the court directed the recovery officer to realize the determined debt amount along with pending and future interest.
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.
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BEFORE THE DEBTS RECOVERY TRTBUNAL-III KOLKATA pRESENT: -SRI XAt,lAt- DE.
PRESIDING OFFtCER.
O.A, No.444 OF 2023.
DATE OF DELIVERY OF ORDER | 20/09/2024
Puniab National Bank is a body corporate constituted under the Banklng Companres (Acqi.risihon and Transfer of Undertakings) act, t970, iar,no ,t. Corporate Office at plot No-4, Sector,lO, Owarka, ltew Oelhi_rrOOri, ""0 ir.* ?ltl:"_:,O8 Jessore Road, Barasat,(Near Sethpukur),,r,o"n ,O ,".g_ur, ,,, 700124 and carrying on business rnter-aria, through one of its o.ancn oiile ,,rrateo at Basirhat, Jamruttala, p.O & p.S, Basirhat, Nort;24 eu.gunur, pft-Ziiair, non a-s Basirhat Branch, within the jurisdiction of this Ld. Tribunal. (PAN No. - AAACPOI65G)
. Applicant Bank.
-Versus-
Defendanf.
Counsel for the Applicant Bank:
Rathin Dey, Advocate,
Set ex-parte on
30/Oa/2024
] UDGE T4ENT
t.
The Applrcant Bank filed the present O.A. being No. O.A./444/2O23 oo 26/07/2023 for recovery of a total sum of Rs. 47,18,794.08/_ (Rupees forty seven takh eighteen thousand seven hundred ninety four and paisa eight only) from the Defendants towards Cash Credrt and Ferm Loan together with interesL. cost and other usual reliefs.
The Defendants are served with summoos. The defendants did not appeari as there was no representation from the defendants, the case was fixed for ex-parte hearing on 30/Oa/2024, and heard ex-parte accordingly.
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The Applicant Bank examined 12 documents through Swarnava Banerjee, Senior l4anager marked as Exhtbit Annexure_A to Exhibit Annexure-1.
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Heard the Ld. Counsel for the Applicant Bank.
t. The point that arises for consjderation is :
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whether the Applrcant Bank is entiued to the claim made in the oA against the Defendants and OA schedute properties as prayed for?
As stated supra, the Defendant remained absent and did not turn up to controvert the version of the o.A. of Applicant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure-A to Exhibit Annexure_L 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 joinfly and severa y tiable to pay to the Applcant Bank the ctaims made in the OA with future interest and costs.
In the resurt, the present origihar Appricataon is aflowed ex-parte with costs, as under:,
ORDER
(7)Ld. Regrstrar or thrs Trabunar is directed to deliver recovery certificate rn rerm ot the frndr order/Judgement for recovery OF the sum agatnst the defendant in favour of the Applicant Bank under Section t9 (22) of the Recovery of Debts due to the Bank and Frnancrdt Instrtuttons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.
Accordrngry, the origrnar Appricarion being o.A. No. 444 0f 2023 is alowed and srand\ drsposed of.
Copy of the Judgement/Frnat Order be uptoaded in the Iribunat,s website. Frle rs consigned to the Record Roorn.
(Dictated to.steno, transcnbed by her, corrected, signed and pronounced by me rn the open Court on the 20'h dat of September, 2024)
( KAI{AL DE ) PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
case No. OA No.4-4 of 2023 Punjab National Bank
t Chandan Banerjee
Date of Order Order with signature
ordclNa.o5
Order pronounced (vrde separate sheets).
ot.2u 0912924
In the result, O.A. No. 444 of 2023 rs allowed with costs. Issue
Recovery Certificate accordingly.
Presrdrng ( Kamal OffrcerDe ) -
DRT 3, Kolkata
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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uatio n )
Case No- O.A./444/2023 Puniab Nationat Bank I Chandan Date of Order Order with signature ----1 Orde!-l{q,Q4 Present:. Dt.3Ao312p24 For Applrcant : Ld. Advocate Rathin Dev For Defendants : None The Registry has issued notice to the Defendant in terms oF order passed by this Tribunal, Defendant has not turned up desprte the fact that the notices have been served upon the Defendant. Applicant prayed For heanng of the case ex-parte. The matter is pending since 2023. Hence right avaitable to sote Defendant for filing of W.S. and counter evjdence is to be closed. lt rs closed. The OA proceeds for ex_parte. Heard the Ld Counsel for the Applicant. Reserved For order. Applicant may file written notes of arguments. fo 20/09/2024 fo( order. ( Kamal De ) Presrding Officer DRT-3, Kotkata _1
1 issue framed by the court
Whether the applicant bank is entitled to recover the claimed amount and OA scheduled properties from the defendants?
1 provisions across 1 enactments
Punjab National Bank
Chandan Basirhat Banerjee
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
