Allowed

Punjab National Bank v. Sri Goutam Roy

DRT21 Apr 2025OA/147/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal-I, Kolkata allowed the bank's claim for recovery of loan dues against the defendants, declaring them jointly and severally liable to pay the principal and interest, and directed the issuance of a recovery certificate.

What did the court decide?

Claim allowed with cost; Defendants directed to pay Rs.21,92,765.36 plus interest at 12.25% p.a. from 1.2.2022; Recovery Certificate issued.

Punjab National Bank versus Sri Goutam Roy — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O. A. No. 147 of 2022

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DATE OF DELIVERY OF ORDER : 21^st April,2025.

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Punjab National Bank, a body corporate, constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 1970, having its Head Office at Plot No. 4, Sector – 10, Dwarka, New Delhi – 110075 and inter alia carrying on its banking business from its Ramrajatala Branch situated and lying at Ramcharan Sett Road, Howrah – 711104 under Police Station – Jagacha.

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.............APPLICANT

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 versus –

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Sri Goutam Roy,

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(Proprietor of M/s. Kalimata Fabricating & Welding Concern) having place of business at North Shanpur, near Soumen Smriti Sangh, P.O. Dasnagar, Dist. Howrah – 711105.

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Smt. Sujata Roy, W/o. Sri Goutam Roy,

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Residing at North Shanpur, near Soumen Smriti Sangh, P.O. Dasnagar, Dist. Howrah – 711105.

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...........DEFENDANTS

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Counsel for the Applicant Bank : Ms. Sharmistha Pal.

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Counsel for the Defendants : None appears.

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Set ex-parte on 20.3.2025.

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J U D G M E N T

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The present Recovery Application is filed by the Punjab National Bank, nationalized Bank carrying on business of Banking all over India including from its Branch Office at Ramrajatala Branch situated and lying at Ramcharan Sett Road, Howrah – 711104, for recovery of Rs.21,92,765.36p., with interest @ 12.25% p.a. with monthly rest from 1.2.2022 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/ mortgager.

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Rina S.

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The service of summons was effected upon the Defendants in usual mode of postal service. The Defendants appeared through their Advocate. Despite giving sufficient time, subsequently the Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared exparte on 20.3.2025.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Mahadeveshwar Mandi, Senior Manager of the Bank, annexing the various documents which are exhibited.

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I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost.

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In the above circumstances it is ordered :

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O R D E R

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i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs.21,92,765.36p., with interest @ 12.25% p.a. with monthly rest from 1.2.2022 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule – ‘A’ & ‘B’ in the OA at page 23.

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iv) Let, a certificate be issued accordingly.

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v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law.

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vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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Rina S.

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vii) The parties are directed to appear before the Recovery Officer-II on 21/05/2025 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O.A. No. 147 of 2022 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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File be consigned to the Record Room.

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(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 21^st April,2025)

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Place : Kolkata ( Ambuja Mohan Das ) Date : 21^st April,2025 Presiding Officer

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Rina S.

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Page No.-			Order Sheet(continuation)
Case No. O	A 147	of 2022	PUNJAB NATIONAL BANK –VS- GOUTAM ROY & ANR.
Date of the order			Order with signature Office action with date and dated signature of parties when necessary
21^st April,2025	Bank. the or	Ld. Advo None app Matter w The deta der is as fo	cate, Ms. Sharmistha Pal, appeared for the Applicant eared on behalf of the Defendants. as heard in open Court on this the day of 20.03.2025. iled order in three pages annexed separately. The gist of llows: O R D E R
		i) ii)	Claim of the Applicants is allowed with cost. The Defendants are jointly and severally liable to pay Rs. 21,92,765.36p., with interest @ 12.25% p.a. with monthly rest from 1.2.2022 against the Defendants till payment or realization.
		iii) iv)	It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule – ‘A’ & ‘B’ in the OA at page 23. Let, a certificate be issued accordingly.
		v) vi)	Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.
		vii) 147 of in conn Tribuna (Dictated pronounce	The parties are directed to appear before the Recovery Officer-II on 21/05/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. No. 2022 is allowed and stands disposed of. All the IAs, filed ection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the l’s website. File be consigned to the Record Room. to P.S., transcribed by her, corrected, signed and d by me in the open Court on this the day 21^st

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Rina S.

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April,2025) Place : Kolkata (Ambuja Mohan Das) Date : 21^st April,2025 Presiding Officer

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Rina S.

Punjab National Bank v. Sri Goutam Roy

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Sri Goutam Roy

Case brief

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