Allowed

Punjab National Bank v. M S Bishaka International and Ors.

DRT28 Aug 2026OA/100/2024

Case brief

AI extract

What is this about?

The Delhi Delhi High Court Siliguri bench allowed an original application for issuing a recovery certificate under the RDB Act. The Tribunal found the bank's evidence regarding loan sanctions, security creation, and outstanding dues credible and within the limitation period, ordering the issuance of the certificate against the defaulting borrowers.

What did the court decide?

Issuance of Certificate of Recovery for Rs. 1,93,74,683.64 with interest, directing the recovery officer to realize the dues and debarring defendants from alienating assets.

Punjab National Bank versus M S Bishaka… — Contract and Commercial Disputes | DRT (2026)

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DEBTS RECOVERY TRIBUNAL, SILIGURI

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Case No.	ORDERSHEET
OA/100/2024 Date of the order.	Punjab National Bank -VS- M/s Bishaka International & Ors Order with signature	Office action with date and dated signature of parties when necessary.
28.08.2026	Present :- Counsel for the Applicant : None. Counsel for the Defendants : None. There is Resolution of the Bar today. The order is dictated and corrected by the undersigned and pronounced in the open Tribunal under my signature on this 28^stday of August, 2026. Let the Certificate of Recovery be drawn up by the Learned Registrar forthwith in terms of judgment for issuance of the same against the defendants in favour of Applicant Bank under Sub-Section 7 and 22 of Section – 19 of The Recovery of Debts and Bankruptcy Act, 1993 and put up the same for signature for issuance. Copy of the judgment/final order be given/sent to the parties. (Rakesh Pati Tiwari) Presiding Officer DRT-Siliguri RAKESH PATI TIWARI Digitally signed by RAKESH PATI TIWARI Date: 2026.08.29 12:37:26 +05'30'

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THE DEBTS RECOVERY TRIBUNAL, SILIGURI

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O.A. No.100/2024

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PUNJAB NATIONAL BANK, Sevoke Road Branch, P.O. and P.S. Siliguri, District Darjeeling, Pin Code- 734001 .

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…………………….Applicant

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Vs.

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M/S BISHAKA INTERNATIONAL, Proprietor of Sri Anjan Kumar Das, Son of Sri Gobinda Chandra Das, business place at Azad Hind Sarani, Subhaspally, P.O. and P.S. Siliguri, District Darjeeling, Pin Code- 734-001.

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SRI ANJAN KUMAR DAS, Son of Sri Gobinda Chandra Das, Business by occupation, residing at Azad Hind Sarani, Subhaspally, P.O. and P.S. Siliguri, District Darjeeling, Pin Code- 734-001.

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SMT. KALYANI DAS, Wife of Sri Anjan Kumar Das, Business by occupation, residing at Azad Hind Sarani, Subhaspally, P.O. and P.S. Siliguri, District Darjeeling, Pin Code-734-001 .

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……..……………Defendants

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Counsel for the Applicant : Mr. P. K. Sikdar Counsel for the defendants : Mr. Utpal Saha

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PRESIDING OFFICER: RAKESH PATI TIWARI

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Date of Judgment -28.08.2026

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J U D G M E N T

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This is an application under section 19 of the Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant against the defendants seeking issuance of Certificate of Recovery for realization of a sum of Rs. 1,93,74,683.64 (Rupees one crore ninety three lakhs seventy four thousand six hundred and eighty three and paisa sixty four) only [Rs. 1,03,02,984.91 (CC account no. 3196008700001016) + Rs. 3,18,824.73 (TL account no. 3196001B00000097) + Rs. 17,43,386.00 (TL account no. 319600IL00000260) + Rs. 61,59,918.00 (Home Loan Account No. 319600NC00002653) + Rs. 7,89,616.00 (Home Loan Account No. 319600NC00000787)] with interest calculated upto 31.05.2023 and future interest thereon from 01.06.2023 till realization of the entire amount along with injunction restraining the defendants from disposing of and/or alienating and/or encumbering the personal charged and uncharged assets and also costs.

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(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:37:42 +05'30'

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The facts in brief, giving rise to the present application as pleaded are that the considering the application dated 03/02/2012 of the defendant No. 2 as sole proprietor of defendant No.1, the applicant bank on 09/02/2012 sanctioned a Cash Credit Loan Facility of Rs.40,00,000/- (Rupees forty Lakhs) only in favour of the Defendant No. l of which the Defendant No. 2 is the sole proprietor for the purpose of his business, vide sanction letter dated 09/02/2012 and the Defendant No. 2 created the equitable mortgage of his landed property by depositing the original Title Deed in favour of the Applicant Bank for the said loan account. The defendant No. 2 as a sole proprietor of the Defendant No. 1 on 09/02/2012 executed Demand Promissory Note and hypothecation of Goods and Book Debt. The Defendant No. 3 stood as personal Guarantor and executed the Agreement of Guarantee on 09/02/2012. Thereafter considering loan Application dated 08/09/2012 of the Defendant No. 2, the Applicant Bank sanctioned a sum of Rs. 9,50,000/- only as house building loan. The Defendant No. No. 2 on 10/09/2012 executed one Agreement for Housing loan. The defendant No. 2 created equitable mortgage by depositing original Title Deed being No. I- 2454 dated 21/09/2012 and Confirmation for Creation of Equitable Mortgage of his residential flat being the Flat measuring 691 (six hundred and ninety one) Sq. Ft. in the back side of the Ground Floor of the said multi storied pucca building together with indivisible share in the aforesaid total homestead land measuring 4 (four) Kathas situated within Ward No. 19 of S.M.C., Mouza Siliguri, J.L. No. 110 (88), Touzi No. 3 (Ja), Pargana Baikunthapur, recorded in R.S. Khatian Nos. 3744 and 3745, being Plot No. 11006, P.S. Siliguri, District Darjeeling by virtue of a registered Deed of Sale registered on 21/09/2012 in the Additional District Sub-Registry Office at Siliguri recorded in Book No.-I, CD Volume No. 26, Pages from 1092 to 1110, being Deed no. 02454 for the year, 2012 executed by Smt. Lina Paul, Daughter of Late Basanta Kumar Paul of Asutosh Mukharjee Road, Subhashpally, P.O. and P.S. Siliguri, District Darjeeling, Pin Code- 734-001. The Applicant Bank on 28/09/2012issued the letter of Acknowledgement to the Defendant No. 2. Thereafter the Defendant No. 2 being the proprietor of Defendant No. 1 on 20/01/2015 and 10/08/2015 executed Balance and Security Confirmation Letter confirming the balance amount of Rs. 39,95,201/- only in the CC(H) loan account as on 14/01/2015 and another Balance and Security Confirmation Letter confirming the balance amount of Rs. 8,41,432/only as on 31/07/2015. Thereafter considering the application-cum-request letter dated

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:38:07 +05'30'

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(Contd…)

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15/10/2015 of the Defendant No. 2, as a proprietor of Defendant No. 1, the Applicant Bank sanctioned/enhanced the Cash Credit Facility Limit of the Defendant No. 1 to Rs. 42,50,000 (Forty-Two Lacs Fifty Thousand Only) and also issued a sanction letter. the Defendant No. 2 as sole proprietor of the Defendant No. 1 on 06/11/2015 executed one Hypothecation of Goods and Book Debt and Letter of Undertaking in favour of the Applicant Bank and the Defendant No. 3 executed on Agreement of Guarantee. The Defendant No. 2 as sole proprietor of Defendant No. 1 on 28/12/2015 executed one letter of continuity with confirmation of Deposit of Title Deed being No. I-2454 for the year, 2012. The Defendant No. 2 on 28/12/2015 created Equitable Mortgage of his original title deed being Deed No. I-1302 for the year, 2010 in respect of Shop/Office room measuring 171 Sq. Ft. at Basement Floor of the said building known as "Sarkar Mansion" of the said multi storied pucca building together with indivisible share in the aforesaid total land measuring 0.2234 Acres situated within Ward No. 6 of S.M.C., Mouza Siliguri, J.L. No. 110 (88), Touzi No. 3 (Ja), Pargana Baikunthapur, recorded in Khatian No. 5674, being Plot No. 8015, P.S. Siliguri, District Darjeeling by virtue of a registered Deed of Sale registered on 08/06/2010 in the Additional District Sub-Registry Office at Siliguri recorded in Book No.-I, CD Volume No. 7, Pages from 1853 to 1866, being Deed no. 01302 for the year, 2010 executed by Sri Rupak Dutta, Son of Late Suresh Dutta of Hakimpara, P.O. and P.S. Siliguri, District Darjeeling, Pin Code- 734-001.The Defendant No. 2 on 28/12/2015 also Created equitable mortgage by depositing the original Title Deed as described schedule herein below in favour of the Applicant Bank as security of the aforesaid Cash Credit (Hypothecation)loan account of the defendant No.2. The Applicant Bank on 29/12/2015 issued the letter of Acknowledgement to the Defendant No. 2 and thereafter Defendant Nos. 2 and 3 on 07/09/2016 jointly applied for availing a housing loan for Rs. 50,00,000/(Rupees Fifty Lakhs) only for takeover of loan from other bank/financial institution and considering the proposal of the defendant no. 2 and 3, the Applicant Bank has sanctioned the said Housing Loan of Rs. 50,00,000 (Rupees Fifty Lakhs) on 29/09/2016 to and in favour of the Defendant Nos. 2 and 3, vide Sanction Letter dated 29/09/2016. The Defendant No. 2 on 22/09/2016 submitted an affidavit with a declaration that the property in his name and the same free from all encumbrances. The Defendant Nos. 2 and 3 on 29/09/2016 executed Agreement for Housing Loan, undertaking and confirmation of

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(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:38:19 +05'30'

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sanction. The Defendant No. 2 on 04/02/2017 created Equitable Mortgage of his original title deed being Deed No. I-1615, for the year, 2014 in respect of Homestead land with two storied residential building for which the aforesaid House building loan was sanctioned in favour of the Applicant Bank in respect of the homestead raiyati land measuring 0.0425 Acre together with a two storied pucca building measuring in total 1800 Sq. Ft. (out of which 900 Sq. Ft. in the Ground Floor and 900 Sq. Ft. in the First Floor) situated within Ward No. 20 of S.M.C., bearing Holding No. 27/2/107, Mouza Siliguri, J.L. No. 110 (88), Sheet No. 8, Pargana Baikunthapur, recorded in Khatian No. 3902, being Plot No. 6543, P.S. Siliguri, District Darjeeling by virtue of a registered Deed of Sale registered on 08/08/2014in the Additional District Sub-Registry Office at Siliguri recorded in Book No.-1, CD Volume No. 6, Pages from 914 to 935, being Deed no. 01615 for the year, 2014 executed by Sri Shankar Mandal, Son of Sri Dukhan Mandal of Gurung Busti, P.O. and P.S. Pradhan Nagar, District Darjeeling, Pin Code- 734-003. The Defendant No. 2 on 04/02/2017 also Created equitable mortgage by depositing the original Title Deed. The Applicant Bank on 06/02/2017 issued the Letter of Acknowledgement to the Defendant No. 2. Thereafter the Applicant Bank on the application dated 04/02/2017 of Defendant No. 2 sanctioned/enhanced the existing cash credit limit of Rs. 42,50,000 (Rupees Forty-Two Lacs and Fifty Thousand Only) to Rs. 80,00,000 (Rupees Eighty Lacs) Only. The Defendant No. 2 as sole proprietor of Defendant No. 1 on 14/02/2017 executed Demand Promissory Note, 3 (three) Letters of Continuity and hypothecation of Goods and Book Debt. The Defendant No.3 on 14/02/2017 executed one Agreement of Guarantee and consent clause. The Defendant No. 2 on 07/09/2018 executed one Balance and Security Confirmation Letter. The Defendant Nos. 2 and 3 again on 02/09/2019 executed one Balance and Security Confirmation Letter. Thereafter again the Defendant No. 2 as sole proprietor of Defendant No. 1 on 21/01/2020, 01/09/2021 executed one Balance and Security Confirmation Letter. Thereafter the Defendant No. 2 for the Defendant No. 1 applied for loan availing resolution plan for COVID-19 related stress -Micro, Small and Medium Enterprises loan on 23/09/2021. The Defendant Nos. 2 and 3 on 18/06/2022 executed one Balance and Security Confirmation Letter. Thereafter the Applicant Bank issued recall notice dated 14/07/2022 upon the Defendant Nos. 1 and 3. After availing the loan facilities the defendants failed to repay the dues of the loan accounts and the

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(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:38:31 +05'30'

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applicant bank issued the demand notice dated 28/11/2022 under Section 13(2) of the SARFAESI Act upon the defendant No. 3.Thereafter the Defendant No. 2 for self on behalf of Defendant No. 1 on 15/12/2022 executed one Balance and Security Confirmation Letter and thereafter the Defendant No. 2 on 16/04/2022 lastly deposited a sum of Rs. 80,000/(Rupees eighty thousand) only in cash in the said Cash Credit Loan Account being account No. 3196008700001016. According to the applicant bank, after giving credit for all sum of moneys paid by and on behalf of the defendants in the loan accounts there becomes due from the defendants to the Applicant Bank altogether a sum of Rs. 1,93,74,683.64 (Rupees one crore ninety three lakhs seventy four thousand six hundred and eighty three and paisa sixty four) only including interest against the defendants in terms of loan account Nos. – 3196008700001016 (CC), 3196001B00000097 (TL), 3196001L00000260(TL), 319600NC00002653 (Home Loan) and 319600NC00000787 (Home Loan). 3. Although the defendants appeared through their counsel, no written statement has been filed on behalf of the defendants inspite of several opportunities to file the same. Hence the right of the defendants to file the written statement was closed, vide order dated 06.08.2026.

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The Applicant Bank in support of its case has filed evidence by way of affidavit as affirmed by Sri Dhan Deo Jha, the Chief Manager now posted at Circle Sastra, NJP at Circle Office NJP of the applicant bank and also relied upon the following documents:-

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Sl. No.	Name of the documents	Exhibit No.
1.	Loan Application dated 03.02.2012	1
2.	Sanction letter dated 09.02.2012	2
3.	Demand Promissory Note dated 09.02.2012.	3
4.	Agreement of Hypothecation of Goods and Book Debts to secured Cash Credit Facility executed by the Defendant No. 2 dated 09.02.2012	4
5.	Letter of undertaking dated 09.02.2012 executed by the Defendant No. 2.	5
6.	Agreement of Guarantee executed by Defendant No. 3 dated 09.02.2012.	6
7.	Application of Loan dated 08.09.2012 by Defendant No. 2.	7
8.	Sanction Letter dated 10.09.2012	8
9.	^{Agreement for Housing Loan dated 10.09.2012 executed by} Defendant No. 2.	9
10.	Deed of Sale being No. I-2454 for the year 2012.	10

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(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:38:43 +05'30'

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11.	Letter of Confirmation for creation of equitable mortgage dated 27.09.2012 executed by Defendant No. 2.	11
12.	Letter issued by the Applicant Bank dated 28.09.2012 to the Defendant No. 2.	12
13.	2 (two) Balance and Security Confirmation Letter dated 20.01.2015 and 10.08.2015 executed by Defendant No. 2.	13
14.	Loan application dated 15.10.2015.	14
15.	Sanction Letter dated 06.11.2015	14/1
	Agreement of Hypothecation of Goods and Book Debt to secure	14/2, 14/3
16.	Cash Credit Facility and letter of Undertaking dated 06.11.2015 executed by Defendant No. 2
17.	Agreement of Guarantee dated 06.11.2015 executed by Defendant No. 3.	15
18.	Letter of Continuity dated 28.12.2015 by Defendant No. 2.	16
19.	Deed of Sale being No. I-1302 for the year, 2010 in the name of Defendant No. 2.	17
20.	Letter of confirmation for creation of mortgage dated 28.12.2015 executed by the Defendant No. 2.	18
21.	Letter issued by the Bank to the Defendant No. 2 dated 29.12.2015.	19
22.	Application for loan dated 07.09.2016 executed by Defendant Nos. 2 and 3.	20
23.	Sanction Letter dated 29.09.2016	20/1
24.	Affidavit dated 22.09.2016.	20/2
25.	Agreement for Housing Loan dated 29.09.2016 executed by Defendant Nos. 2 and 3	21
26.	Letter of Undertaking dated 29.09.2016 executed by Defendant Nos. 2 and 3.	22
27.	Deed of Sale being No. I-1615 for the year, 2014 in the name of Defendant No. 2.	23
28.	Letter of Confirmation for creation of equitable Mortgage dated 04.02.2017 executed by the Defendant No. 2	24
29.	Acknowledgement of receipt of Title Deed 06/02/2017 executed by the Defendant No. 2.	25
30.	^{Enhancement of loan application dated 04.02.2017}	26
31.	Sanction Letter dated 14.02.2017	26/1
32.	Demand Promissory Note dated 14.02.2017 executed by the Defendant No. 2	27
33.	3 (three) Letter of Continuity dated 14.02.2017 executed by the Defendant No. 2.	28 to 28/2

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(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:38:53 +05'30'

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	Hypothecation of Goods and Book Debts to secure Cash Credit	29
34.	Facility dated 14.02.2017 executed by the Defendant No. 2 along with Consent Clause.
35.	Letter of Guarantee along with Consent clause dated 14.02.2017 executed by the Defendant No. 3.	30 to 30/1
36.	Balance and Security Confirmation letter dated 07.09.2018 executed by the Defendant Nos. 2.	31
37.	Balance and Security Confirmation letter dated 02.09.2019 executed by the Defendant Nos. 2 and 3	31/1
38.	Balance and Security Confirmation letter dated 21.01.2020 executed by the Defendant No. 2.	32
39.	Balance Security Confirmation Letter dated 01.09.2021 executed by the Defendant No. 2.	33
40.	Loan application dated 23.09.2021	34
41.	Balance and Security Confirmation Letter dated 18.06.2022 executed by the Defendant No. 2 and 3.	35
42.	Recall notice and Invocation dated 14.07.2022.	36 to36/2
43.	13(2) Notices dated28.11.2022.	37 to 37/1
44.	4 (four) copies of Track Report.	38 to 38/3
45.	Balance and Security Confirmation Letter dated 15.12.2022 executed by the Defendant No. 2.	39
46.	Extract Statement of Account being Account No. 3196008700001016 with Banker's Certificate.	40
47.	Extract Statement of Account being Account No. 319600IB00000097 with Banker's Certificate.	40/1
48.	Extract Statement of Account being Account No. 319600IL00000260 with Banker's Certificate.	40/2
49.	Extract Statement of Account being Account No. 319600NC00002653 with Banker's Certificate.	40/3
50.	Extract Statement of Account being Account No. 319600MC00000787 with Banker's Certificate.	40/4
51.	3 (three) Copies of Valuation Report dated 20.06.2022, 14.03.2024 and 23.03.2024.	41/1 to 41/2
52.	General Power of Attorney dated 28.09.2013 and vide HRMD circular dated 27.10.2021	42

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I have heard the learned counsel for the applicant and perused the documents and

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evidence adduced by the applicant.

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The Applicant has adduced documentary evidences which are marked as Exhibits‘1’

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to ‘14’, ‘14/1’ to ‘14/3’, ‘15’ to ‘20’, ‘20/1’, ‘20/2’, ‘21’ to ‘26’, ‘26/1’, ‘27’, ‘28’ to ‘28/2’, ‘29’, ‘30’,

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:39:06 +05'30'

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(Contd…)

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‘30/1’, ‘31’, ‘31/1’, ‘32’ to ‘36’, ‘36/2’, ‘37’, ‘37/1’, ‘38’ to ‘38/3’, ‘39’, ‘40’, ‘40/1’ to ‘40/4’, ‘41/1’, ‘41/2’and ‘42’. The sanction of loan has been proved by producing the Sanction Letters dated 09.02.2012, 10.09.2012, 06.11.2015, 29.09.2016 & 14.02.2017 (Exhibits ‘2’, ‘8’, ‘14/1’, ‘20/1’& ‘26/1’), the execution of required documents like loan applications, Demand Promissory Notes, Agreement of Hypothecation of Goods and Book Debts, letter of undertaking, Agreement of Guarantee, Agreement for Housing Loan, Title Deeds, Letter of Confirmation for creation of equitable mortgage, Letter of Balance and Security Confirmation, Letter of Continuity, Affidavit, Acknowledgement of receipt of Title Deed, Enhancement loan application, Letter of Guarantee along with Consent clause etc. have been proved by exhibiting the same at ‘1’, ‘3’ to ‘14’, ‘14/2’ to ‘14/3’, ‘15’ to ‘20’, ‘20/2’, ‘21’ to ‘26’, ‘27’, ‘28’ to ‘28/2’, ‘29’, ‘30’, ‘30/1’, ‘31’, ‘31/1’, ‘32’ to ‘35’, ‘39’. By filing the statement of accounts (Exhibit ‘40’, ‘40/1’ to ‘40/4’), the applicant has proved the total outstanding dues to the tune of Rs. 1,93,74,683.64 (Rupees one crore ninety three lakhs seventy four thousand six hundred and eighty three and paisa sixty four) only along with interest against the defendants.

¶52

Taking into account of the creation of the mortgage of immovable landed properties by the defendants No.2, the limitation available is for 12 (twelve) years and as such the claim of the applicant bank is within limitation.

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The applicant has got valid cause of action to file this case as after taking the loan the defendants failed to make payment as per the terms and conditions of the sanction letter agreed by the defendants.

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In view of the discussions made hereinbefore, this Tribunal is of the opinion that the applicant bank has proved its case by adducing cogent and reliable evidence.

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In the above circumstances, the following order is passed ;

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O R D E R

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(i) O.A. No. 100/2024 filed by the applicant is allowed against the defendants No. 1, 2 & 3 jointly and severally with costs and it is hereby ordered that the applicant is entitled to recover the total dues debt amount for Rs. 1,93,74,683.64 (Rupees one crore ninety three lakhs seventy four thousand six hundred and eighty three and paisa sixty four) only as on 31.05.2023 along with further interest thereon @9.95% p.a. with monthly rests from 01.06.2023 till realization of entire balance from the defendants along with the cost amount.

¶58

(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:39:16 +05'30'

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(ii) Amount, if any, paid by the defendants in the loan account or amount recovered by the applicant, if any, made towards the loan accounts after filing of the O.A be taken into account while arriving at the exact amount of outstanding payable by the defendants.

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(iii) The Hypothecated property being ALL THAT stocks of all tangible moveable property of various raw materials viz manufacturing material, raw materials including excisable raw materials including excisable raw materials, stock in process, semi finished goods, finished goods and all other current assets of the firm stock in trade and goods of the borrower which now or hereafter from time to time during the security shall be brought in stored or be in or about the premises or godown of the borrower at Azad Hind Sarani, Subhaspally, P.O. and P.S. Siliguri, District Darjeeling, Pin Code- 734- 001, as mentioned in the Schedule-‘X’ of the original application, and mortgaged PROPERTY OF THE DEFENDANT No. 2 being (1)ALL THAT PIECE OR PARCEL OF Flat area measuring 691 (six hundred and ninety one) Sq. Ft. in the back side of the Ground Floor of the said multi storied pucca building together with indivisible share in the aforesaid total homestead land measuring 4 (four) Kathassituated within Ward No. 19 of S.M.C.,Mouza Siliguri, J.L. No. 110 (88), Touzi No. 3 (Ja), Pargana Baikunthapur, recorded in R.S. Khatian Nos. 3744 and 3745, being Plot No. 11006, P.S. Siliguri, District Darjeeling. The said residential flat is butted and bounded by NORTH - Flat of Sri Tanoy Karmakar and Smt. Gargi Karmakar (Moitra), SOUTH - Open Space and then land with house of Late Haripada Mandal and Krishna Kinkar Mandal, EAST - Open Space and then property of Smt. Shefali Pal and others. WEST - Open Space and then land with house of Sri Manindra Nath Kundu and Tulu Haldar [being Deed No. I-02454/2012], (2) A LL THAT PIECE OR PARCEL OF Shop/Office Room measuring 171 Sq. Ft. at Basement Floor of the said building known as "Sarkar Mansion" of the said multi storied pucca building together with indivisible share in the aforesaid total land measuring 0.2234 Acres situated within Ward No. 6 of S.M.C., bearing Holding No. 429/1/173 (old) 473/1(new), Mouza Siliguri, J.L. No. 110 (88), Touzi No. 3 (Ja), Pargana Baikunthapur, recorded in Khatian No. 5674, being Plot No. 8015, P.S. Siliguri, District Darjeeling. The said Shop/Office room is butted and bounded by NORTH - 08'-09" Ft. common Passage, SOUTH - Premises of Smt. Uma Sarkar and others, EAST - Shop of Asit Sasmal, WEST - Shop of Paresh Sutradhar [being Deed No. I-01302/2010], (3) ALL THAT PIECE OR PARCEL OF homestead raiyati land measuring 0.0425 Acre

¶63

(Contd…)

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RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:39:27 +05'30'

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together with a two storied pucca building measuring in total 1800 Sq. Ft. (out of which 900 Sq. Ft. in the Ground Floor and 900 Sq. Ft. in the First Floor) situated within Ward No. 20 of S.M.C., bearing Holding No. 27/2/107, Mouza Siliguri, J.L.. No. 110 (88). Sheet No. 8, Pargana Baikunthapur, recorded in Khatian No. 3902, being Plot No. 6543, P.S. Siliguri, Distriet Darjeeling. The said land is butted and bounded by NORTH - Land of Prafulla Kumar Ghosh SOUTH - Land of Sadhan Basu, EAST - 18'-00" Ft. Wide pucca S.M.C. Road, WEST - Land of Smt. Sipra Ganguly [being Deed No. I-01615/2014], as mentioned in the Schedule-‘Y’ of the original application, shall remain charged to the applicant and the applicant shall have paramount charge thereon.

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(iv) The defendants are debarred from transferring; alienating, encumbering or disposing of the hypothecated/mortgaged properties or any other property and assets belonging to the defendants till the aforesaid adjudicated debt amount is recovered from the defendants.

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(v) The defendants are given a time of thirty days from the date of this judgment for repayment of the above decreed debt amount with interest failing which the applicant bank is entitled to recover its dues by sale of the hypothecated/mortgaged property as aforesaid and is also entitled to proceed against the said defendants personally and/or personal properties to recover the dues in accordance with law.

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(vi) Let the certificate of Recovery be drawn up by the Learned Registrar forthwith in terms of judgment for issuance of the same against the defendants in favour of applicant bank under Sub-Section 22 of Section-19 of The Recovery of Debts and Bankruptcy Act, 1993and put up the same for signature and issuance.

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(vii) Learned Recovery Officer is directed to realize the dues amount from the defendants as per the recovery certificate in accordance with law.

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(viii) Let this judgment be uploaded on website of the tribunal and the Registry is directed to serve/send copy of this judgment to the parties free of cost.

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(ix) Record is consigned to the record room along with the judgment.

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The judgment is signed and pronounced in the open Tribunal on 28^th day of August,

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1. RAKESH Digitally signed

¶75

RAKESH Digitally signed by RAKESH PATI PATI TIWARI Date: 2026.08.29 TIWARI 12:39:39 +05'30' (RAKESH PATI TIWARI) Presiding Officer DRT, Siliguri.

¶76

(Contd…)

Punjab National Bank v. M S Bishaka International and Ors.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. M S Bishaka International and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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