Allowed

Punjab National Bank v. Shibu Roy

DRT1 Sept 2025OA/345/2022

Case brief

AI extract

What is this about?

On 09/01/2025, the Debts Recovery Tribunal allowed an ex parte application filed by Punjab National Bank for recovery of approximately Rs. 31.52 lakhs against Shrbu Roy. The court determined the debt with future interest and directed the issuance of a recovery certificate under Section 19(22) of the RDDB Act, 1993.

What did the court decide?

Debt determined with costs; recovery certificate issued for Rs. 31,52,151.50 plus future interest; respondents debarred from resisting suit via listing.

Punjab National Bank versus Shibu Roy — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA PRESENT:^.SRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 345 OF 2022.

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DATE OF DELIVERY OF oRDER I O7l09l2O2s

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Punjab National Bank is a body corporate constituted under the Bankrng Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its head Office at Plot No.-4,sector-10, Dwarka, New Delhi-110075, and Regional Offrce at 48 Jessore Road, Barasat, (Near Sethpukur), North 24 parganas, pin-700124 & carrying on business inter-alia, through one of its branch office at Motigunl, Ivtit tary Road, Bongaon, P.O. & P.S,- Bongaon, North 24 parganas, pin-743235. known as Punjab National Bank, Bongaon Branch and another branch office situated at Akaipur, North 24 Parganas, Pin-743710, known as punjab Nationat Bank, Akajpur Branch, (PAN NO- AAACPo165G), within the jurisdiction of this Ld. Tribunat.

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Applicant Bank.

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-Versus-

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1. Shrbu Roy, S/o Lt. Gour Roy, residing as Well as carrying on busrness at the address at Aitpara, P.O.- Akaipur, P.S. - Gopalnagar, North 24 Parganas, Prn 743710i (PAN NO- AHHPR1293A)

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DeFendant.

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Counsel for the Applicant Bank:

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Rathin Dey, Advocate, Set ex-parte on 29lOt/202s

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]UDGEM ENT

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The Applicant Bank filed the present O,A. being No. O,A.|34S/2022 on 28/06/2022 fot recovery of a total sum of Rs. 31,52,151.50/- (Rupees thirty one lakh fifty two thousand one hundred fifty one and paisa fifty only) from the Defendants towards Cash Credit, Term Loan and G.E.C.L together with interest. cost and other usual reliefs.

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The Defendants are served with summons. The defendants appeared but failed to file any w.s. There u/as no representation from the defendants subsequently and the case was fixed for ex parte hearing on 29lOl/2O25, and heard ex-parte accordingly.

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l, The Applicant Eank examined 9 documents through Sri Hemraj parewa, Chief Manager marked as Exhibit Annexure-A to Exhibit Annexure-1.

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for consideration is

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Whether the Applicant Bank is enti ed 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 with the recitals in the docLrments viz., Exhibits Annexure-A to Exhibit Annexure_I marked on behalf of the Applicant 8ank, established the claam of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinuy and severaly liable to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In rhe resurt, the present original Apprication is a owed ex-parte with costs, as unde.-

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ORDER

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( 1) O.A. No. 345 ot 2022 fited by the Appticant Bank is allowed and debt is determined with cost

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I uru,:r: the defendants. It is hereby ordered that appticant bank is entiued to recover from

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- the defendants the totat amount to the tune of Rs. 31,52,151.50/_ (Rupees thirty one takh fifty two thousand one hundred fifty one and paisa fifty onry) with pendenterite and future interest @ B.4So/o per annum interest with simple on the amount due from the date of Frting of the Origjnal Apptication i.e. 2A/06/2022 till fult and finat realization of the ctaam amount.

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(2) Amount, if any, paid by the defendants in the loan accounts or am the Applicant Bank after filir the exact amount ", .,".ri:r:'r'j;;i r[J],"tiJf ;IHili*ffl[: J future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred fro be onsine to them,,,, *" .[.j;'o:':11ffi l11J,LTjl:;':i"?,"1:::,:-."'

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(4) Defendants are given a time of tharty days from the date of the ludgemenvFinal order for repaying of the above mentioned dues, so intimated to them. ln case the defendants fart to pay the dues within the abov dues by sa e or secured ",J.1ff;:'^ili:ji',jll'll"lli"Jl;J."::,:1_:::.H;: personal properties of the defendants (Both movable and immovabte) and also proceed a9ainst the defendants personally to recover the dues in accordance wath law.

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(5)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of

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ludgement for issuance of the same against defendants in 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

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same for rssuance of the Certtficate.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the Lle[endants rn accordance wrth law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Appllcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financrat lnstrtutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B)The parties are directed to appear before the Recovery Officer on 27/tO/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 originar Apprication being o.A. No. 345 of 2022 is a|owed and stands drsposed of.

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Copy of the Judgement/Final Order be uptoaded in the Tribunal,s website. Frle rs consrgned to the Record Room.

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(Drctated to.steno, transcnbed by her, correctect, srgned and l:"j1,-!*9^{byI:lltheopen cou( on thrsthe ls;ay} or september, 2025)

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( KAMAL DFf..----.PRESIDING OFFICER.

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

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case No. OA No.345 0f 2022
Puniab Nationat Bank
sh ib
Date of Order
Order with signature
Order No.09
Dr.01/09/2025 Order pronounced (vide separate sheets).
In the result, O.A. No. 345 of 2022 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamat De )
Presiding Officer
DRT-3, Kotkata
ss

Punjab National Bank v. Shibu Roy

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Shibu Roy

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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