Debts Recovery Tribunal allowed an ex-parte application by Punjab National Bank for recovery of Rs. 24,55,447.25 from respondents via a recovery certificate under the RDB Act, 1993, with future interest at 11.10% per annum.
Recovery certificate issued for Rs. 24,55,447.25 plus pendenteliter and future interest @ 11.10% p.a.
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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BEFoRErHET".l"Ir:f :-"t-1"-lllir'NAL-rrrKoLKArA
PRESIDINGOFFICER'
O'A' No'52 OF 2023'
DATE OFDELIVERYOF ORDERI19IO1I2024
Punjab NationalBankis abody corporateconstituted underthe Banking t"rn'r*,* to.or'.naonand Transferof Undertakings)Act' 1970' having its Head oirice atptoiNo-4, Sector_10, Dwarka,NewDelhi-110075, andcarrying on business through itsvarious branch amongst othersat their branch at United Bankof India Garia-Branchnow mergedwith Punjab NationalBankat P-123Raja S C Mullick Road Dist-24 Parganas(s) Kolkata,PIN 7OOO84,withinthejurisdictionof this Ld Tribunal'
Applicant Bank.
-VersuS-
Defendants.
Counsel for the Applicant Bank: ,
Md. Amlad Ali, Advocate,
Set ex-parte on 02/o1/2024
]UDGENlENT
5.
The point that arises for considerationis:
Whether the Applicant Bankis entitled to the claim made in the OA againstthe Defendants and OA schedulepropertiesas prayedfor?
?.
As stated supra, the Defendantremained absent and did not turnup to controvert the version of the O.A. of Applicant BankThe EvidenceAffidavit coupled with the recitalsin the documents viz., Exhibits Annexure-Ato Exhibit Annexure-G marked on behalf of the Applacant Bank, established the claim ofthe ApplicantBankagainstthe Defendants and OA scheduleproperties, Hence, I hold that theDefendants are jointlyand severally liable to pay to the Applicant Bank the claims madein the OA with future interest and costs.
In the result, thepresent Original Application is allowedex-parte withcosts, as under:-
ORDER
f
Accordingly, the OriginalApplicationbeing O.ANo. 52 of 2023 is allowedand stands disposed of.
Copy of the Judgement/Final Orderbe uploadedin the Tribunal's website File is consigned to the Record Room.
(Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on this the 19th day of lanuary, 2024)
( KAIVAL DE ) PRESIDING OFFICER.
Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)
Case No. OA No. 52 of 2023 Puniab National Bank Vs. Manika Mistry & Ors.
Date of Order Order with signature
Order No. Order pronounced (vide separate sheets).
Dt.19 / O1/ 2024
In the result, O.A, No. 52 of 2023 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss
1 issue framed by the court
Whether the applicant bank is entitled to the claim made in the original application against the defendants?
1 provisions across 1 enactments
Punjab National Bank
Mrs. Manika Mistry
Mr. Tapas Kumar Mistry
M/s Ranjana Paper House
KAIVAL DE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
