Allowed

Punjab National Bank v. Mrs Moumita Das

DRT10 Jan 2025OA/397/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the Debt Recovery Application filed by Punjab National Bank against the borrower/guarantors. The defendants were declared ex-parte for non-appearance. The claim for principal sum, interest, and costs was allowed with a declaration of security by hypothecation of movables.

What did the court decide?

Claim allowed with cost; Defendants directed to pay Rs. 34,41,110.18 plus interest; Recovery Certificate to be issued.

Punjab National Bank versus Mrs Moumita Das — Contract and Commercial Disputes | DRT (2025)

¶1

BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

¶2

PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

¶3

O.A. No. 397 OF 2023

¶4

DATE OF DELIVERY OF ORDER : 10^th January, 2025

¶5

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 carrying on business through its various branch amongst others at their branch at Oriental Bank of Commerce, Arambagh Branch now merged with Punjab National Bank at Arambagh, Arambagh Link Road, Basantpur More, Dist.- Hooghly, West Bengal – 712601.

¶6

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

¶7

Mrs. Moumita Das, wife of Pranab Kumar Das residing at 1193, Hossainpur Madurdaha, E.K.T., Kolkata - 700107.

¶8

M/s. M.R. Sales under the proprietorship of Mrs. Moumita Das having unit at 608, 2^nd Debigarh, Dist.- 24 Parganas (N), Pin- 700129.

¶9

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

¶10

Counsel for the Applicant Bank: - Md. Amjad Ali, Ld. Counsel

¶11

Counsel for the Defendants:- Set ex-parte on 26.11.2024.

¶12

J U D G M E N T

¶13

The present Recovery Application is filed by the Punjab National Bank, nationalized Bank carrying on business at Arambagh, Arambagh Link Road, Basantpur More, Dist.Hooghly, West Bengal – 712601 for recovery of total sum of Rs.34,41,110.18P with interest @ 10.90% p.a. with monthly rest from 01.08.2023 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor /mortgager.

¶14

The service of summons was effected upon the Defendants in usual mode of postal service as well as hand service. Despite giving sufficient time and issue of summons the Defendants neither

¶15

Rina S.

¶16

appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared ex-parte on 26/11/2024.

¶17

The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Naresh Kumar Verma, Branch Manager of the Punjab National Bank, Arambagh Branch annexing the various documents which are exhibited.

¶18

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. In the above circumstances it is ordered :

¶19

O R D E R

¶20

i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay

¶21

Rs.34,41,110.18P with interest @ 10.90% p.a. with monthly rest from 01.08.2023 against the Defendants till payment or realization.

¶22

iii) It is declared that the claim is secured by hypothecation of movables described in the Schedule at Page 15 of the OA.

¶23

iv) Let, a certificate be issued accordingly.

¶24

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

¶25

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.

¶26

vii) The parties are directed to appear before the Recovery Officer-II on 11/02/2025 for further action in accordance with law in the event the entire amount is not paid by the said date.

¶27

Accordingly, the Original Application being O.A. No. 397 of 2023 is allowed and stands disposed of. All the IAs, if any, are also disposed of.

¶28

Copy of the Judgment/Final Order be uploaded in the

¶29

Rina S.

¶30

Tribunal’s website.

¶31

File is consigned to the Record Room.

¶32

(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 10^th January, 2025)

¶33

Place: Kolkata ( Ambuja Mohan Das ) Date: 10^th January, 2025 Presiding Officer

¶34

Page No.-	Order Sheet(continuation)
Case No. OA/397/2023	Punjab National Bank –Vs- Mrs. Moumita Das, Prop. R. Sales	M/s. M.
Date of the order	Order with signature	Office action with date and dated signature of parties when

¶35

Rina S.

¶36

necessary

¶37

10^th January, 2025	Ld. Advocate, Md. Amjad Ali appeared for the applicant bank. None appeared on behalf of the Defendants. Matter was heard in open Court on this the day of 26/11/2024. The detailed order in three pages annexed separately. The gist of the order is as follows: O R D E R
	i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs.34,41,110.18P with interest @ 10.90% p.a. with monthly rest from 01.08.2023 against the Defendants till payment or realization.
	iii) It is declared that the claim is secured by hypothecation of movables described in the Schedule at Page 15 of the OA.
	iv) Let, a certificate be issued accordingly.
	v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. 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. vii) The parties are directed to appear before the Recovery Officer-II on 11/02/2025 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. 397 of 2023 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 10^th January, 2025)
	Place: Kolkata (Ambuja Mohan Das ) Date: 10^thJanuary, 2025 Presiding Officer

¶38

Rina S.

Punjab National Bank v. Mrs Moumita Das

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Mrs Moumita Das

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Sanjoy Tiwari versus Hdb Financial Services Ltd.

Sashi Prakash Verma versus the Authorized Officer Edel Weiss Asset Reconstruction Company Limited

Ferrovia Tech Pvt. Ltd. and Anr. versus Union Bank of India

Hdfc Bank versus Sk Alauddin and Sk.Mehruddin

Hdfc Bank versus Rajesh Singh

Hdfc Bank versus Nirmala Devi and Anr.