Debts Recovery Tribunal Kolkata allowed an ex-parte application filed by Punjab National Bank for recovery of Rs. 47,44,663.81 along with interest and costs from the absent defendants.
Recovery of Rs. 47,44,663.81 plus 15% per annum interest from Oct 5, 2022; issuance of Certificate of Recovery; 30 days given for repayment before asset sale.
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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BEFoRETHEDEBTsSf f :]"t-i'-ll,T.',BAL-rrrKoLKArA
PRESIDINGOFFICER'
O'A'No' 577OF 2022'
DATEOF DELIVERYOF ORDERI05IOII2024
u- puniab Nationa rBu nk l,- -b.o^d.vor'""'ff::,:- ff|;T:,t:i r;;:il J[':" TJ:: com-panies off,ceat Plot (Acqursition No 4, sector-10' ""q -t|.ll:l; '"-'l:;;,;l;;; ";;r"li,- .;monty iio'ortand carryrns on known assouth busrness,srnthee inter alia,from lts Branch Office amongstoL!'cI5Lu:""."' Jurrs ",rn.lheiurlsdlctlonof ;;;.";i;", ;.t. Road,P S-srnthe;'Kolkata' Toooso' wrthin t this Ld,Tribunal
ApplicantBank.
-Versus-
J
Defendants
Counsel for theAPPlicantBank: _
Md. Amjad Ali,Advocate,
Set ex-palte on 0711.2/2023
JUDGEIYENT
J
Thepoint that arises for considerationis :
whetherthe ApplicantBankis entitled to the claim made in the OA againstthe Defendants and OAschedule properties as prayed for?
As statedstlpra, the Defendant remained absent and did not turnup to controvert the versionof the o A of ApplicantEano in*'O"nt"Affidavit coupled with the recitalsin the -of documentsviz , ExhibitsAnnexure-I to ExhibitAnnexure-lX marked on behalf of the tne lppticantBankagainstthe Defendants and OA ApplicantBank, establishedtne ctaim schedulepropertiesHence'I hold that the Defendants are lointlyand severally liable to pay to the ApplicantBankthe claims made in the OA with future interest and costs'
ORDER
Accordingly, theOriginal Applicationbeing O A No677 of 2022is allowedandstands disposed of
Copy of the Judgement/FinalOrder be uploadedin the Tribunal's website File is consignedto the RecordRoom
(D,ctated to steno, transcrlbed byner, corrected,slgnedand ;;;;";:J il-.;,; ,heopencourton thrsrhe osr5 dav of lanuary, 2024)
( KAIVIAL DE ) PRESIDINGOFFICER,
DebtsRecovery Tribunal-3' Kolkata OrderSheet (Continuation)
@visharma&Anr'
a;;; No:oA No. 677 ot 2022
Order with signature
Date of order
Order No Order pronounced (vide separate sheets)'
pt.osl 01 I 2024
In the result, o.A No 677 of 2022 is allowed with costs lssue
Recovery Certificate accordingly'
( Kamal De )
Presiding Officer
DRT-3, Kolkata
2 issues framed by the court
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants?
Whether the OA schedule properties should be allowed against the Defendants?
1 provisions across 1 enactments
Punjab National Bank
Kusum Devi Sharma
Madhusudan Industries
Kamal De
Duti Narayan
Kamal De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
