Allowed

Punjab National Bank v. Ms Medmark Pharma Division and Ors.

DRT5 Aug 2024OA/501/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal passed an ex-parte order allowing an original application by Punjab National Bank for recovery of a debt of Rs 41,28,405.63 against absent defendants, directing issuance of a recovery certificate.

What did the court decide?

Recovery certificate to be issued. Defendants debarred from alienating property. Granted 30 days to pay before enforcement against personal or secured assets.

Punjab National Bank versus Ms Medmark Pharma Division and Ors. — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRTBUNAL-tII KOLKATA PRESENT: -sRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. S01 OF 2022,

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DATE OF DELMRY OF ORDER .t OS/Oal2024

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Punrab National Bark is a body corporate constituted under the Banking companies (Acquisition and Transfer of Undertakings) no, igio, iur,ng ,o ,"uO offrce at^ptot No-4, sector-10, Dwarka, New Delhi_1i0075, ana ca.rying o"n uu.in".. through one of its Circle SASTRA Djvasion, North 24 parganas, egl, l-";o." RouO, Seth Pukur, Barasat, Kotkata-700123 and branches inter atia ai rf. a, fo*n Soa"rul. Branch, Amarabati, sodepur, District: North 24 parganas, Kolkata-70;iio, withrn the JUflsdiction of this Ld. Tribunat.

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Applicant Bank.

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-Versus-

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Li:ff3["J'r:Ii'Ti,f ii,?l:'E3ll""ed bv rts.prop.etor s' D,pankar M,rra, E/s, carganas, KolkatalTo--- o-^{"wJwepur'Police station: Ghola,Drstrrct: North} 24

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Sri Drpankar Mitra, son of Drtro Ftrtra,.resrding at Netaji Subhas Nagar, Ghota, post ilti.;rir?"r,i."^{statron: Ghola, Drsrncr:Norli zo ol"ji"",} ' ,i"r*",1.)bi,, , , , oo^

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::l:-^t*::, .Mitra,^{resrdingat Netaji SubhasNagar,} Ghola,^posr Offrce & potice 5tatron: Ghola, D,stnct: North 24 parganas, Kolkata-_70011r.

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Sri UjJwal Kantr Bhaumrk, son of

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Ramrrrshna cnJ.iiilli,'["iiJi"l roT;:rrffT:,,""1"H11-i,J.".,il#,o"i,lr;l#i; Nagar, 29F, B.T. Road, kotkata-700114.

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Defendants

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Counsel for the Applicant Bank:

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Samapti Roy, Advocate,

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Set ex-parte on 24/07/2024

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]UDGEMENT

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The Applicant Bank fited the present O.A. being No. O.A./5O./2O22 or O9/Og/2022 for recovery of a total sum of Rs. 41,2g,4O5.63/_ (Rupees forty one takh twenty eaght thousand four hundred five and paisa sixty three only) from the Defendants towards Cash Credrt together with interest, cost and other usual reliefs.

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The Defendants are served with summons, The defendants dad not appear, as there was no representation from the defendants, the case was fixed for ex_parte hearing on 24/07 /2A24. and heard ex-parte accordingly.

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The Applicant Eank examined 15 documents through Sri Hemraj parewa, Chief tlanager marked as Exhibjt Annexure-A/1 to Exhibit Annexure_A/15.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that anses for consideration rs :

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Whether the Appticant Bank is entifled 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 Defendant remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled wath the recrtats rn the documents viz., Exhibits Annexure-A/1 to Exhibit Annexure_A/1S marked on behatf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hotd that the Defendants are joanfly and severally liabte to pay to the Applacant Bank the claims made in the OA with future interest and costs.

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In the result, the present Original Application is altowed ex_parte with costs, as under:-

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-I

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ORDER

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(1) o.A No 5ol of 2022 fired by the Appricant Bank is arowed and debt is determined wrth cost against the defendants. tt is hereby ordered that appracant bank is entifled to recover from the defendants the total amount to the tune of Rs. 41,28,405.63/- (Rupees forty one takh twenty eight thousand four hundred five and paisa sixty three only) with pendentelite and future interest @ 13.50lo per annum interest with simple on the amount due from the date of filing of the original Application i,e. ogtog/2022 till full and finar rearrzation of the crarm amount.

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(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the Applicant Bank after firang of the o.A, the same be taken into account whire arrivang at the exact amount of dues/debt payable by the defendants, Accordingty, pendentetite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing wjth any of the propertres belonging to them till the aforesaid decretal debt js recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the Judgement/Finat Order for repaying of the above mentioned dues, so rntimated to them. In case the defenctants farl to pay the dues within the above mentioned time, the appltcant bank is enh ed to recover rts dues by sale of secured assets, jf any. Applicant bank is also entiued to proceed agarnst personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with taw.

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irr a", ,n" certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of ludgement for issuance of the same against defendants rn favour of the applicant bank

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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 Certll,lcate from the defendanls in accordance wtth law.

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(7) Ld Regrstrar of this Tribunar as directed to deriver recovery certificate rn term of the final orderl]udgement for recovery of the sum against the defendant in favour of the Applicant Bank under Sectton 19 (22) of the Recovery of Debts due to the Aank and Ftnanctal Institutrons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8) The partjes are directed to appear before the Recovery Officer on O5l09/20 24 for further actron in accordance with law in the event the entire amount is not paid by the said date

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Accordingly, the Original Apptication berng O.A. No. 50t of 2022 rs a owed and stands disposed of.

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Copy of the ludgement/Final Order be uploaded in the Tribunal,s websrte.

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Frle rs consrgned to the Record Room.

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p.onorrnced (Drctated to,steno, transcflbed by her, corrected, srgned and or Au9ust,2024)-by 7he In the open Court on ,e 5,.;;;,

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( KAMAL DE ) PRESIDING OFFICER,

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

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Case No, OA No.501 of 2022 Punjab National Bank
Vs.
M/s. Medmark Pharma Division & Ors.
Date of Order Order with signature
L-
Order No.06
Order pronounced (vide separate sheets).
pt.05/08/2024
In the result, O.A. No. 501 of 2022 rs altowed wrth costs. Issue
Recovery Certif icate accordingly.
( Kam;r De )
Presadinq Officer
DRT-3, Kolkata
ss

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

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CaseNo. O.A./	PunjabNationalBank s,Medmark PharmaDivision&Ors. 501/2022
Dateoforder t-	Orderwithsignature
orderNo.05 ot.24/07t2024 -	Presentt. ForApplicant:Ld.Advocate SamaptiRoy ForDefendants:None
ss	The Registryhasissued noticeto theDefendantinterms of orderpassedbythisTribunal.Defendanthasnotturnedup despitethe factthatthenotices have been served uponthe Defendant. Applicant prayedforhearingof thecaseex_parte. Thematterispending since2022.Hencerightavailabletosole DefendantforfiljngofW.S.andcounterevidencejstobe closed.Itisclosed. TheOAproceedsfor ex_parte. HeardtheLd Counselfor the Applicant.Reservedfororder. Applacantmayfile t4rittennotesofarguments. ro05/O912024fotordet.
L	(KamalDe) PresidingOficer DRT-3, Kotkata

Punjab National Bank v. Ms Medmark Pharma Division and Ors.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Ms Medmark Pharma Division and Ors.

Case brief

What is this about?

What did the court decide?

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