Punr.b Nttlontl B.nk, previously punjab Nauonat Bank. which has now amalgamated wtth and ts known as punjab National Bank on 01.04.2020, a body corporate working under Central Government of Indla regulated by Reserve Bank of Indla Act, 1934 and Banktng Regulation Act, 1949 havtng its Head Omce at ptot No. 4 Sector 10, Dwarka, New Delhi-110079 and carrying on bustness through its dlfferent branches includlng at Naktala Branch 231lA, Subhas Chandra Bose Road, Kolkata-700047, West Bengal wtthin the jurisdiction as aforesaid.

¶7

Applicant

¶8

-Versus-

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lt l{i._l^bl!r]t..ftaiuc^{works,situatedat 1/4 Vivekanandapark, Bansdroni,} Kolkata-700070, West Bengal wtthin the aforesaid jurisdiction.

¶10

Abhijit Saha (PAN No. BCVPSO4OBe), son of Jugat Krishna Saha, residing at 1/4 Vivekananda Park, Bansdroni, Kotkata-7OOO7O, wist Bengat witfrin itre aroresato jurisdlction.

¶11

Jugal Krlshna Saha (PAN No. ALFPS4O3OE), son of Sris Dhar Saha, residing at 1/4 Vivekananda Park, Bansdroni, Kotkata-7ObO70,west aengat wittrin iire aroresaiO jurisdictlon.

¶12

4, Partha Pratlm Saha, son of Jugal Krishna Saha, reslding at 1/4 Vivekananda park, Bansdroni, Kolkata-700070, West Bengat withtn the aforesaad jurisdiction,

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... Defendants.

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Counsel for the Applicant Bank: -

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Mr. Aritra Kumar Roy, Advocate,

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Set ex-parte on 28/07/202s

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JUDGEMENT

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¶19

The Appltcant Bank flled the present O,A. being No, O,A. 527 of 2024 on 23/oBl2O24 fot recovery of a total sum of Rs. 22,4a,6f9/- (Rupees Twenty-Two Lacs Forty-Etght Thousand Six Hundred Nineteen only) from the Defendants towards Cash Credit facititjes together with interest, cost and other usual rellefs.

¶20

The Defendants are served with summons, The defendants dld not appear, as there was no representatlon from the defendants, the case was fixed for ex-parte hearing on 2A/07/ZO2S, and heard ex-parte accordlngly.

¶21

The Appllcant Bank examtned 3O documents through Srl Debdas Mondal being the Manager, PNB marked as Exhtbtt Annexure-A to Exhibit Annexure-A_29.

¶22

Heard the Ld, Counsel for the Appllcant^Bank.

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The point that arises for conslderatlon ls^:

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Whether the Appllcant Bank ls entitled to the claim^{made ln the OA againsttheDefendants} and OA schedule^properties as^prayedfor?

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As stated supra, the Defendants remained absent and did^{not turn up to controvertthe} version of the O.A. of Appllcant Bank. The Evidence Amdavit coupled^{withthe recitals in the} documents vlz., Exhlblts Annexure-A to Exhiblt Annexure-A-2g^{marked on behalfof the} Applicant Bank, established the clalm of the Applicant Bank agalnst the^{Defendants andOA} schedule^properties. Hence, I hold that the Defendants are Jolntly^{and severally llable to pay} to the Appllcant Bank the clalms made in the OA with future lnterest and costs.

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¶27

In the result, the^present Orlglnal Appllcation ls allowed ex-parte with costs, as underl-

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ORDER

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¶30

(1) O.A. 527 of 2024 flled by the Appllcant Bank is allowed and debt ls determlned with cost against the defendants. It ls hereby ordered that Applicant Bank is entitled to^{recover from} the defendants the total amount to the tune of Rs.22,4A,6L9/-^(RuPees Twenty-Two^Lacs Forty-Elght Thousand Slx Hundred Nlneteen only) wlth^pendente lite and future interest @ 08,80% per annum lnterest wlth slmple on the amount due from the date of filing of the Origlnal Appllcation l.e. 23108/2024 tlll full and flnal reallzatlon of the clalm amount.

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(2)Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after flllng of the O.A. the same be taken lnto account while arriving at the exad amount of dues/debt^payable by the defendants. Accordlngly,^pendente lite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, allenatlng or deallng wlth any of the properties belonging to them tlll the aforesald decretal debt is recovered from the defendants.

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(4) Defendants are given a tlme of thlrty days from the date of the JudgmenvFinal Order for repaylng of the above mentloned dues, so lntlmated to them. In case the defendants fail to pay the dues withln the above mentloned time, the applicant bank ls entitled to recover its dues by sale of secured assets, if any. Appllcant bank is also entitled to^proceed against personal propertles of the defendants (Both movable and lmmovable) and also proceed agalnst the defendants personally to recover the dues ln accordance wlth Iaw,

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(5) Let the Certlflcate of Recovery be drawn up by Ld. Reglstrar forthwith in terms of Judgment for issuance of the same agalnst defendants in favour of the appllcant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and^put up the same for issuance of the Certlflcate.

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(5) Ld. Recovery Offlcer shall reallze the amount as per the Recovery Certlflcate from the defendants ln accordance wlth law.

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(7) Ld. Reglstrar of thls Tdbunal ls dlrected to dellver recovery certlficrte ln term of the flnal order/judgment for recovery of the sum agalnst the defendants ln favour of the Appllcant Bank under Section 19(22) of the Recovery of Debts due to the Bank and Flnancial Instltutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The partles are dlrected to appear before the Recovery Omcer on 10/09/2025 for further actlon ln accordance wlth law ln the event the entlre amount ls not pald by the sald date,

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Accordlngly, the O.lglnal Appllcatlon belng O.A. No.527 of 2024 ts allowed and stands dlsposed of.

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Copy of the JudgmenvFtnal O.der be uptoaded In the Tribunal,s webstte. Flle ls conslgned to the Record Room.

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(Olctated tosteno, transcrlbed by hlm, corrected, signed and pronounced by me in the open court on the 5G dai of August, 2025)

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( KAMAT DE ) PRESIDING OFFICER.

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

¶43

Cas! No. O.A, 527 ol 2024 PNB
Vs,
M/s, Abhlrlt Plastlc Works & Ors.
Date of Ord€r Ordar wlth slgnatu.e
Order No.08
Order pronounced (vlde separat€ sheets),
Dt.06/08/2025
In the result, O.A.527 of 2024 ls allowed wlth costs. Issue
Recovery Certlfl c.te accordlngly.
sh
( Kamal De )
Presidlng Officer
DRT-3, Kolkata

Punjab National Bank v. Ms Abhijit Plastic Works and Ors.

What the court decided

Punjab National Bank v. Ms Abhijit Plastic Works and Ors.

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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