Allowed

Punjab National Bank v. Abdul Nayim Chowdhury

DRT8 Sept 2025OA/116/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte application filed by Punjab National Bank for recovery of dues totaling over 1.25 crores against a defaulting debtor. The court ordered the issuance of a Recovery Certificate under RDB Act.

What did the court decide?

Recovery Certificate under Section 19(22) of Recovery of Debts and Bankruptcy Act, 1993. Defendant given 30 days to pay. No payment allowed for sale of secured or personal assets.

Punjab National Bank versus Abdul Nayim Chowdhury — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.Itt XOLKATA PR,ESENTI -SRI KATiIAL DE.

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PRESIDING OFFICER.

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O.A. 116 of 2023

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DATE OF DELIVERY OF ORDER: oalogl202s

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Punrrb Natlon!l 8!nk, a body corporate constituted under the Banking Companies (Acqulsltlon and Transfer of Undertaktngs) Act, 1970 having tts Corporate Office at Plot No.4, Sector-lo, Dwarka, New Delhi-110075 and Circle Office at 48 Jessore Road, Barasat(Near Sethpukur), Noth 24 Parganas,^plin-700124 & Carryrng on business inter alia, through one of its branch office situated at Minakhan, Ferryghat Road, P.O. & P.S,-Mlnakhan, North 24 Parganas, pin -742435t known as pNB, 14inakhan Branch, (PAN No. MACPO165G).

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Applicant .

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-Versus-

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1, Abdul Nayim Chowdhury, s/o Dina Mohammed Chowdhury, resading at Vi ageKadihati, P,O,-Kumarjole, P.S.-l.,Inakhan, North 24 parganas, pin-7434r5. (pAN No. AGWPC3483O)

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... Defendant.

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Counsel for the Applicant Bank: -

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Mr, Rathin Dey, Advocate,

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Set ex-parte on 27 /08/ 2025

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JUDGETlENT

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The Appllcant Bank flled the present O.A, being No. O.A. 116 of 2023 on 22/02/2023 tot recovery of a total sum of P$, 1,25,60,267.241- (Rupees One Crore Twenty-five Lacs Sixty Thousand Two Hundred Slxty-Seven and paise Twenty-Four only) from the Defendants towards Cash Credlt and Term Loan Faclllues together with lnterest, cost and other usual rellefs.

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The Defendants are served wlth summons. The defendants dld not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 27/Oa/2O25, and heard ex-parte accordlngly.

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The Appllcant Bank examlned 13 documents through Srl Tapas Bhowmtck belng the Manager, PNB marked as Exhlblt Annexure-A to Exhlbit Annexure-M.

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Heard the Ld. Counsel for the Appltcant Bank.

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The polnt that arlses for conslderauon ts :

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Whether the Applicant Bank ls enutled to the claim made in the OA agatnst the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendants remalned absent and did not turn up to controvert the version of the O.A. of Appllcant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhiblts Annexure-A to Exhibit Annexure-M marked on behalf of the Applicant Bank, established the claim of the Applicant Eank agatnst the Defendants and OA schedule propertles. Hence, I hold that the Oefendants are Jointly and severally liable to pay to the Appllcant Bank the clalms made in the OA with future interest and costs.

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In the result, the pres€nt Orlglnal Application is allowed ex-parte with costs, as under:-

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ORDER

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(1)0.A. 116 of 2023 filed by the Appticant Bank is a owed and debt is determined with cost agalnst the defendants. It ls hereby ordered that Applicant Bank is entifled to recover from the defendants the total amount to the tune ot Rs. 1,2590,267,24l- (Rupees One Crore Twenty-five Lacs Sixty Thousand Two Hundred Sixty-Seven and paise Twenty_Four only) with pendente lite and future tnterest @ 12,90% per annum interest with simple on the amount due from the date of filtng of the Origlnal Application l,e. 2210212023 ti fu and final realization of the claim amount.

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! J

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(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Appllcant Bank after flllng of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordtngty, pendente ltte and future tnte.est shall be calculated on the reduced amount.

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(3) Defendants are debarred from dtspostng, altenating or deallng wtth any of the properties belongtng to them flll the aforesatd decretal debt is recovered from the defendants.

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(4) Defendants are glven a flme of thtrty days from the date of the ludgmenvFlnal Order for repaying of the above men.oned dues, so intimated to them. In case the defendants fail to pay the dues wtthln the above mentioned time, the applicant bank ls enti,ed to recover its dues by sale of secured assets, if any, Applicant bank ts also entifled to proceed against personal properues of the defendants (Both movable and immovable) and also proceed against the defendants personaly to recover the dues in accordance with raw.

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(5) Let the Ceruficate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same against defendants ln favour of the appllcant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the certiflcate.

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(6)Ld. Recovery Officer shall .eallze the amount as per the Recovery Certificate from the defendants ln accordance with law.

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(7) Ld, Registrar of this Tribunat is directed to deliver recovery certificate tn term of the final

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order/judgment for recovery of the sum agalnst the defendants ln favour of the Applicant

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Eank under Sectlon 19(22) of the Recovery of Debts due to the Bank and Financlal Instltutlons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The pa.ties are dlrected to appear before the Recovery Omcer on 13/10/2025 for further adlon ln accordance wlth law ln the event the entlre amount ls not^pald by the sald date.

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Accordingly, th€ Origlnal Appllcrtlon being O,A. No. 115 of 2023 ls allowed and stands dlsposed of.

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Copy of the JudgmenvFlnal order be uploaded ln the Trlbunal's webslte. Flle ls conslgned to the Record Room.

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(Drctated to steno, transcribed by him, corrected, signed and pronounced by me in the open court on the 8rh day of September, 2025)

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( KAMAL OE ) PRESIOING OFFICER,

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

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CaseNo. O.A.	1r,6of2023 PNBvs.AbdulNaylmChowdhury
Dateof Order	Orderwithsignature
OrderNo.09 Dt.08/09/2025	Order pronounced (vide separatesheets)
ish	Intheresult, O,A. 116of2023is IssueRecoveryCertiflcate accordingly, costs.
	(KamalDe ) PresidingOfficer DRT-3,Kolkata

Punjab National Bank v. Abdul Nayim Chowdhury

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Abdul Nayim Chowdhury

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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