Allowed

Punjab National Bank v. Mrs Nargish Parvin

DRT21 May 2025OA/408/2024

Case brief

AI extract

What is this about?

The Tribunal allowed an ex-parte application filed by Punjab National Bank for the recovery of a mortgage overdraft sum of Rs. 32.33 lakh plus interest. It determined the debt, granted a 30-day repayment reprieve, deiawed disposal of assets, and directed issuance of a recovery certificate under Section 19(22).

What did the court decide?

Debt determined at Rs. 32,33,205.10; recovery certificate issued; defendants debarred from alienating property; 30-day repayment grace period granted.

Punjab National Bank versus Mrs Nargish Parvin — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY^{TRIBUNAL-IIIKOLKATA} PRESENT: -SRI KAMAL DE'

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PRESIOING OFFICER.

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o,A, No,408 0F 2024.

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DATE OF DELMRY OF ORDER |^27105/2025

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Punjab Natlonal Bank as a body corporate^{constitutedunder the Banking} Companies^(Acquisition and^{Transferof Undertakings)Act, 1970, havingits Head} Office at Plot No-4, Sector-10, Dwarka, New^{Delhi-110075, andcarrying on busrness} inter alra at Amdanga Branch located and situated at^{KamdebpurHat, Village& Post} Office- Kamdebpur, Police Station- Amdanga, District-^{North 24 Parganas, Pin Code-} 743221, West Bengal, lndia, within the^jurisdictjon of this Ld.^Tribunal.

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Applicant Bank.

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-Versus-

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lv1rs. Nargish Parvin, wife of Md. Somran Mondal, Village & Post Office- Padmalavpur, Purbapara, Police Station- Amdanga, District- North 24 Parganas, Pin Code-743126, West Bengal, India.

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Defendant.

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Counsel for the Applicant Eank: -

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Swastik Saha, Advocate, Set ex-parte on o7l05/ 2025

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JUDGEIYENT

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The Applicant Bank filed the present O.A. being No. 0.A./408/2024 on 0810612024 for recovery of a total sum of Rs. 32,33,205.1O1- (Rupees thirty two lakh thirty three thousand two hundred five and paisa ten only) from the Defendants towards Mortgage Overdraft (OD14lP) together with interest, cost and other usuat retrefs.

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The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 07/0512025, and heard ex-parte accordtngly.

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The Applicant Bank examined 20 documents through Sri Durloy Rabha, Chref tyanager marked as Exhibit Annexure-A to Exhibit Annexure-A-19.

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Heard the Ld. Counsel for the Applicant Bank.

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5 The pornt that aflses for consrderatron rs :

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entitled to the claim^{made in the OA against the Defendants} Whether the Applicant Bank^is and OA schedule^propertiesas prayed for?

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As stated supra, the Defendants^{remained absent and did not turn up to controvertthe} version of the O.A. of^{Applicant Bank, The EvidenceAffidavitcoupled w'th the recitals in the} documents viz,, Exhibits^{Annexure-Ato Exhibit Annexure-A-19marked on behalfof the} Applicant Bank, established the^{claim of the Applicant Bank against the Defendants andOA} schedule^properties. Hence,^{I hold that the Defendants are jointlyand severally liable to pay} to the Applicant Bank the claims^{made in the OA with futureinterest and costs'}

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In the result, the^present Original^{Applicationis allowed ex-parte withcosts, as under:-}

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ORDER

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(1) O.A. No. 408 of 2024 filed by the Applicant Bank is allowed and debt is determined^{with cost} against the defendants. It is hereby ordered that applicant^{bankas entitledto recover from} the defendants the total amount to the tune of Rs. 32,33,205.10/-^{(Rupeesthirty two lakh} thirty three thousand two hundred five and^paisa ten only) with^{pendenteliteand future} anterest @ 8.8090 per annum interest wath simple on the amount due from the date of^filing of the Original Application i.e. 08/06/2024 till full and final realization of the clarm amount,

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(2) Amount, rf any, pard by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A, the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly,^pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any of the propertres belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Oefendants are given a time of thirty days from the date of the Judgement/Final Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fait to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

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(s)Let the Certificate of Recovery be rdrawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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(6) Ld. Recovery Omcer shall realize the amount as per lhe Recovery Certificate from the defendants rn accordance wlth law

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(7) Ld. Reqistrar of this Tribunal is directed to deliver^{recovery ceftlficate in termoF thefrnal} order/judgement for^{recovery of the sum against the defendantin favourof the Applrcant} Bank under Section 19⁽²²⁾ of the^{Recovery of Debtsdue to the Bank andFlnancral} Institutions Act, 1993 now known as^{Recoveryof Oebtsand BankruptcyAct,1993}

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(B)The parties are directed to appear before the Recovery Otficer^{on 24/06/2025Forfurther} action in accordance with law in the event the entire^{amountis not paid by the sald date}

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Accordrngly, the Original Application being O.A. No. 408 of 2024 is allowed^andstands disposed of.

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Copy of the ludgement/Final Order be uploaded in the^{Tribunal'swebsrte.} File rs consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the 213t day of May,2025)

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( KAMAL DE ) PRESIDING OFFICER.

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin uatio n )

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Case No. OA to, aOE of ZOZq
Puniab Nationat Aank
Date of Order
Order with signature
Order No.08
ot.21/05/2025 Order pronounced (vide separate sheets).
In the result, O.A. No. 4OB of 2024 ts allowed with costs. Issue
Recovery Certificate accordingly.
I Kamal De )
Presiding Officer
DRT-3, Kotkata

Punjab National Bank v. Mrs Nargish Parvin

Case brief

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Punjab National Bank v. Mrs Nargish Parvin

Case brief

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