Allowed

Punjab National Bank v. Dipak Ghosh

DRT17 Jun 2025OA/462/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal disposed of an ex-parte Original Application filed by Punjab National Bank for recovery of a term loan. The court held the defendant liable for a specific amount, awarded costs, imposed an injunction, and ordered the issuance of a Recovery Certificate under Section 19 of the RDBA.

What did the court decide?

Recovery of Rs. 50,01,271/- with future interest and costs; injunction on alienation; 30-day repayment period; issuance of Recovery Certificate under S. 19 RDBA.

Punjab National Bank versus Dipak Ghosh — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUT{AL.ttt KOLXATA PRESENTI -SRt KAII{AL DE,

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PRESTDING OFFICER.

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O.A,462ot2O2Z

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DATE OF DELIVERY OF oRDER : tT 10612025

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PunJab N.tlonal Brnk, a body corporate consututed under the Banklng Companjes (Acquisitlon and Transfer of Undertaklngs) Act, 1970, havtng tts Corporate Offtce at Plot No. 4, Sector-lo, Dwarka, New Delhi-110075 and Ctrcte Omce at 48. Jessore Road, Barasat (Near Sethpukur), North 24-Parganas, PIN-7OO 124 and carrytng on business, inter alia, through one of its branch office situated at Bata More, Jessore Road, Bongaon, P.O. and P.S.-Bongaon, North 24-Parganas,^pIN-743235, known as PunJab Nataonal Bank, Bongaon Branch.

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... Appticant Bank

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-Versus-

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Dlpak Gho.h, S/o Dayal Ghosh, restdlng at Vtllage-Ptrojpur, P.O.-Petrapole, P.S.Bongaon, North 24-Parganas, PIN-743704.

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.., Defendant

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For the Appllcant Bank: Mr, Rathln Dey, Ld. Advocate,

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For the Defendant i None

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Set ex-parte on 0910612025

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JUDGEMENT

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The applicant Bank filed the present O.A. being O.A. 462 of 2022 on 24/08/2022 tot recovery of a total sum of Rs. 5O,O1,271/- (Rupees Flfty Lakh One Thousand Two Hundred Seventy One only) from the defendant towards Term Loan wlth lnterest, cost and other usual rellefs.

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The defendant ls served wlth summons. The defendant dld not appear, as there was no representation from the defendant, the case was flxed for ex-parte hearing on 09/0612025, and heard ex-parte accordlngly.

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The appllcant Bank examlned three doorments through Sri A. Bose, Branch Manager, marked as Exhiblt Annexure-A to Exhlblt Annexure-C.

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Heard the Ld. Counsel for the appllcant Bank.

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The polnt that arlses for conslderation ls I

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whether the appllcant Bank ls entltled to the clalm made ln the OA agalnst the defendant 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 verslon of the o.A, of applicant Bank, The Evidence Affldavit coupled with the recitals in the

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documents vlz., Exhiblts Annexure-A to Exhibit Annexure-C marked on behalf of the appllcant Bank, established the clalm of the appllcant Bank agatnst the defendant and OA schedule properties. Hence, I hold that the defendant is ltable to pay to the applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Orlglnal Appllcauon ts allowed ex-parte wlth costs, as underi-

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Q-B-D E-B

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(1) O.A. 462 of 2022 flted by the appllcant Bank ts allowed and debt is determtned wtth cost agalnst the defendant, It ls hereby ordered that applicant Bank is enflfled to recover from the defendant the totat amount to the tune of Rs. 50,01,271l- (Rupees Ftfty Lakh One Thousand Two Hundred Seventy One only) with pendente llte and future interest @ 11.75% per annum lnterest wlth slmple on the amount due f.om the date of filtng of the Orl9lnal Appllcation t.e. 24.08.2022 till fu and finat realtzatjon of the clatm amount.

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(2) Amount, if any, paid by the defendant in the loan accounts or amount, if any, recovered by the applicant Bank afte. filing of the O.A. the same be taken lnto account while arriving at the exact amount of dues/debt payable by the defendant. Accordtngly, pendente lite and frtrre interest shall be calculated on the reduced amount.

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(3) Oefendant is debarred from disposlng, alienating or dealing with any of the properues belonging to them Ull the aforesaid decretal debt is recovered from the defendant,

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(4) Defendant is gtven a flme of tht.ty days from the date of the JudgmenvFtnat Order for repaying of the above mentioned dues, so inflmated to hlm. In case the defendant fails to pay the dues within the above menfloned Ume, the appllcant Bank ts enu$ed to recover its dues by sale of secured assets, if any. Appllcant Bank ls also enfltled to proceed agalnst personal properties of the defendant (Both movable and lmmovable) and atso proceed agalnst the defendant personally to recover the dues ln accordance wlth law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwtth in terms of Judgment for issuance of the same agalnst defendant 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 Cedtficate.

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(6) Ld. Recovery Officer shall realtze the amount as per the Recovery Certificate from the defendant ln accordance wlth law.

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(7) Ld. Reglstrar of thts Tribunal ts dtrected to delver recovery certificate In term of the finat order/ludgment for recovery of the sum agarnst the defendant in favour of the appricant Bank under section 19(22) of the Recovery of Debts due to the Bank and Financiar Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are directed to appear before the Recovery^{Officer on 18/07/2025 for further} action in accordance wlth law ln the^{eventthe entlre amount is not paid by the saiddate'}

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Accordangly, the Origlnal Application belng O.A. No. 462 of 2022^{is allowedandstands} disposed of.

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Copy of the ludgmenVFinal Order be uploaded ln the Tribunal's webslte, File is consigned to the Record Room.

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(Oictated to steno, transcribed by him, correded, sjgned and pronounced by me in the open Court on the 17th day of lune, 2025)

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( I(AMAL DE ) PRESIDING OFFICER.

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

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O.A.462of20	22	PunrabN.tlonalBank Vs. DlpakGhosh
DateotOrder	O.derwiths	lgnature
OrderNo.09 ot.1710612025 mb	Order pronounced (vlde separate Intheresult,O.A.462of2022 RecoveryCertlflcate accordlngly.	sheets). isallowedwithcosts.Issue
		(KamalDe ) PresidingOfflcer DRT-3, Kolkata

Punjab National Bank v. Dipak Ghosh

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Dipak Ghosh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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Case details

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