Allowed

Punjab National Bank v. Ms Bhaipo Mobile and Ors.

DRT16 Jul 2025OA/595/2024

Case brief

AI extract

What is this about?

DRT-3, Kolkata allowed an original application filed by Punjab National Bank to recover a debt of Rs. 30,92,549.82 from M/s. Bhaipo Mobile and others ex-parte. The Tribunal ordered issuance of a recovery certificate and directed proceeding against secured and personal assets in default.

What did the court decide?

Recovery of Rs. 30,92,549.82 with future interest; issuance of Recovery Certificate; stay on alienation of properties.

Punjab National Bank versus Ms Bhaipo Mobile and Ors. — Banking and Recovery | DRT (2025)

¶1

AEFORE THE DEBTSRECOVERY TRIBUNAL-IIT KOLKATA PRESENT: -sRI KAMAL oE.

¶2

PRESIOING OFFICER.

¶3

O,A. No. 59S OF 2024.

¶4

DATE oF DELIVERY oF oRDER I 76/07/2025

¶5

Puniab National Bank js a bod conpanres lacquisrtron ana rr"a"#'^.t:,tTt:t:^constituted under the Bankrng i#Ht"ffiffi{d##-i.,ffitil?

' Appircant Bank

-versus-

L M/s. Bha,po Mobrte. r il;;,ilru:J:Bi:1;fi:if:.X:[T#.,,;.^i:,.:!Tl,*No s2ol1el8, Basdah

¶11

- 2_ A,swarya Hazra, son :i:tf :*:fl,l.,l:[""i"^{jT,[;lTg,,;;f} _ JT8i.tsa?iiii l,#",1,S!i8ii3;

¶12

. lfi5XlIJ Hazra, Motisanj, Basdah Road, Bonsaon, Di str ""'rgcon' ur rct_ North 24 palganas

¶13

, r,,,r,ru Hazra, son or am,r k,,. rvo.tn :+ cu.sunir, ";r;}[X"a?:. Hazrd, Morigan;, Basdah Road, Bonsaon, D,sr.cr_

¶14

' I:H:I',:",n,Tl",l;.i?Hil"J,ilf;IlrTajumder. r4otisani, Baedah Road, Bongaon,

¶15

' *;"ji: s,ii[:i;Tl,:T,::,:"",j",ii,ii1ii;f kraborty, residins

¶16

at Shimuttala,

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Defendants.

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Counsel for the Applicant Bank: -

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samapti Roy, Advocate Set ex-parte on 23/06/202s

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JUDGEMENT

¶21

¶22

The Applicant Bank fited the present O.A. bejng No. O.A./595/2o recovery of a total sum of Rs. 3o,s2,s4s.B2/ -,..". ,rr, oo ts/osl2024 tot hundred forty njne and paisa two tno.rsdnd r,ve erghry two ""ti ,"- ,i'rl"rnrnetv ",ltl24 together with interest, cost and -' '-v"rs towards Cdsn C.edrt other usuat rel,efc

¶23

¶24

The DeFendants are served with summons. The defendants dad not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 23/06/2025, and heard ex-parte accordingly.

¶25

The Applicant Bank examjned 33 documents through Sri Durjay Rabha, Chief Manager marked as Exhibit Annexure_A/1 to Exhibit Annexure-A/33,

¶26

Heard the Ld. Counsel for the Applicant Bank.

¶27

The point that arises for consideration is :

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Whether the Appticant Bank is enflfled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

¶29

¶30

¶31

As stated supra, the Defendants remained absent and did not turn up to controvert the version of the O.A. of Appllcant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A/l to Exhibit Annexure-A/33 marked on beharf of the Applicant 8ank, established the claim of the Applicant Bank against the Defendants and OA schedule prope.ties. Hence, I hold that the Defendants are joinuy and severa y liable to pay to the Applicant Bank the claims made in the OA with future interest and costs,

¶32

In the resurt, the present originar Apprication is alowed ex-parte with costs, as under:-

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ORDER

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( 1) O.A. No. 595 of 2024 filed by the Applicant Bank is allowed and debt is determ ined with cost agarnst the defendants. It is hereby ordered that appracant bank is entiued to recover from the defendants the total amount to the tune of Rs. 30,92,549.82/_ (Rupees tharty takh ninety two thousand five hundred forty nine and paisa eighty two onty) with pendentetite and future interest @ 11.3570 per annum interest with simple on the amount due from the date of filing of the Originat Apptication i,e, tg/09/2024 til fult and finat realization of rhe claim 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 filinq of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingty, pendentelite and future interest shall be calculated on the reduced amount.

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

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(4) Defendants are given a time of thirty days from the date of the ludgemenvFinat 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 appricant bank is entired to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed agajnst

¶38

personal properties of the defendants (Both movable and immovable) and also proceed agarnst the defendants personally to recover the dues in accordance wlth law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwtth tn ternrs of ludgement for issuance of the same agatnst defendants jn favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for lssuance of the Certificate.

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(6) Ld. Recovery Officer sha realize the amount as per the Recovery Certificate from the defendantg rn accordance with law.

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(7)Ld Reg strar of this Tribunal is djrected to deliver recovery certificate rn term of the final order/ludgement for recovery of the sum against the defendant in favour ot the Applrcant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Frnancrar Institutrons Act, 1993 now known as Recovery of Debts and gankruptcy Act, 1993.

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(8)The parties are directed fo appear before the Recovery Officer on tg/Oa/2025 for further action in accordance wjth law in the event the enttre amount is not paid by the sard date

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Accordrngry, the originar Apprication being o.A, No, 5g5 0f 2024 is alowed and stands drsposed of.

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Copy ol the Judgement/Finat Order be uploaded in the Tribunat,s websrte File is consigned to the Record Room.

¶45

(Drctated to,steno, transcnbed by her, co/reGed, srgned and :;:li;1'3!t?^{-" 'theopencou(on the 16 da;}

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( KAI4AL DE ) PRESIDING OFFICER.

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

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case No. oA No. 595 0f 2024 Puniab National Bank
M/s. Bhaipo Mobile & Ors.
t- --------------------..--
Date of Order Order with signature
L I
I
OrdcLNs.lO
Order pronounced (vide separate sheets).
pt .16 / a]J2,q25
In the result, O.A. No. 595 of 2024 is altowed with costs. tssue
Recovery Certif icate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
55
_l

Punjab National Bank v. Ms Bhaipo Mobile and Ors.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Ms Bhaipo Mobile and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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