Allowed

Punjab National Bank v. Sekh Halim

DRT20 Apr 2026OA/234/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of a housing loan default. The court validated the loan and mortgage documents, fixed liability on borrowers, stayed property transfer, and directed issuance of a recovery certificate for principal and interest.

What did the court decide?

Respondents directed to pay Rs. 36,61,268.53 plus pendente lite and future interest; mortgage property cannot be alienated; recovery certificate to be issued.

Punjab National Bank versus Sekh Halim — Banking and Recovery | DRT (2026)

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Page No.

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KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

Puniab National Bank

O.A.1234 ol2O22

Case No Vs

Sekh Halim & Ors.

Office action with
Date date and dated
of Order with Signature Signature of
Order parties when
necessary
Counsel for the parties:
12
20.u.2026 Ms. Amrita Khasnabish, Ld. Advocate representing Mr. S
Pal Choudhuri, Ld. Counsel for the applicant Bank.
None for the defendant.
O.A.1234 ol 2022 is allowed and disposed of.
Final Order / Judgment is in separate sheet of 5 pages.
File be consigned to record room.
Order be uploaded on the Tribunal's website.
E_
(Arbind Madhav)
Presiding Officer
DRT-2, Kolkata

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O.A.I2Y of 2022 - DRT-2lKol

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DEBTS RECOVERY TRIBUNAL - 2, KOLKATA

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Jeevan Sudha Bldg. 07rh Floor,42lC, J.L. Nehru Road, Kolkata -7OOO71

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Before Shri Arbind Madhav. Presidinq Officer

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O.A. No. 234 of 2022

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ln the matter of

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Punjab National Bank, a body corporate duly constituted under the provisions of Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, having its Head Office at Plot No.4, Sector-10, Dwarka, New Delhi - 110075, and carrying on business, inter-alia, through its different branches including one at 75, B.C. Road, Devyani Super Market, P.S.- Burdwan, Dist.- Purba Burdwan, Pin -713101, West Bengal, commonly known as'B.C. Road - Burdwan Branch under Punjab National Bank, Circle Sastra,2nd Floor, Shree Durga Market, Police Line Bazar, P.O.- Sripally, Burdwan - 713103, West Bengal.

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Applicant Bank

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-Versus-

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1 Sekh Halim, son of Late Sekh Fakir Mohammed @ Fakir Sekh,^is an^individual having residence at Rasikpur, Layek Para, within P.O & P.S and District - Burdwan, Pin - 713101 , West Bengal.

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2 Sekh Alial Hossain @ Sekh Allal Hosen, son of Late Sekh Fakir Mohammed @ Sekh Fakir Mahamad, having residence at Rasikpur, Layek^{Para, within P.O and} P.S and District - Burdwan, Pin - 713'101, West Bengal.

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3 Sekh Jakir @ Jakir Sekh, son of Late Sekh^{Fakir Mohammed} @^{Sekh Fakir} Mahamad, having residence at 26 No. B, Poura^{Sava, Rasikpur, within P.O. and} P.S and District - Burdwan, Pin - 713101 ,^{West Bengal.}

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Defendants

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Counsel for parties:

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For the Applicant Bank : Mr. Soudip Pal Choudhuri For the Defendants '. Ex-Pafte.

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FINAL ORDER JUDGMENT Delivered on ' 20.04.2026

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Applicant, Punjab National Bank,^{instituted the present Application beingthe} Original Application No.234 of 2022 on^{17.10.2022againstthree Defendantsunder} Section 19(1) of the Recovery of^{Debts & BankruptcyAct, 1993 (amended from time to} time) for recovery of sum of^{Rs.36,61,268.53 (Rupeesthirty six lakh sixty one thousand} two hundred sixty eight and^{paise fifty three)inclusiveof interest calculatedupto} 31 .08.2022 together^{pendente/lfe and further interest} @^{7 .9lo/o per annumwith monthly} rests from 01.09.2022, till realization^{of the entire due in full.}

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O.A.|2U ol 2022 - ORf -zKol

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The brief facts of the case as set out by applicant Bank in its original Application, as under:

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(i) The Defendant No.1 is an individual borrower whereas the Defendants No.2 & 3 are the co-borrowers. The Defendant through an application dated 0g.0g.2017 applied to the applicant Bank for house loan facility. Upon consideration of loan application, applicant Bank was pleased to sanction one Housing Loan for a sum of Rs.36,50,000.00 (Rupees thirty six lakh fifty thousand) to the defendants vide sanction letter dated 08.08.2017 on certain terms and conditions mentioned in sanction letter. copy of application and sanction letter dated 08.08.2017 are annexed and marked with letter "A" and'A-1".

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(ii) ln acknowledgement of granting the said loan facility, the defendants duly executed and delivered the following loan documents in favour of applicant Bank:

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One Agreement for Housing Loan dated 08.08.2017

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. One Text of the Consent Clause to be included in the loan Documents to be executed by the guarantors.

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Copies of said documents are annexed and marked with letters'A-2" & "A-3".

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(iii) To secure the aforesaid home loan facility of Rs.36.50 lakh, all the defendants visited the applicant Bank's premises on 08.08.2017 and created equitable mortgage in respect of their immovable property, morefully described in Schedule 'X' at page 21 and para 3A at page 9 to 11 of the original application, by depositing original Title Deeds being No.6120 ot 2017 and No.6121 of 2017 both dated 17.08.2017 with the applicant Bank. Copy of the confirmation deposit of title deeds register relating to equitable mortgage, copy of the Book No.l being Deed No.612012O17 and No.612112017 and Valuation Report are annexed and marked with Lefters'A4', 'A-5', 'A-6' &'A-7'.

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(iv) The defendants have admitted and acknowledged their debt and liabilities by executing Balance and Security Confirmation Letter dated 12.03.2020 in favour of applicant Bank; copy of which is annexed and marked with Letter'A-8'.

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The defendants availed and enjoyed the said housing loan facility by opening Account in Bank's B.C. Road Burdwan Branch, 75, B. C. Road, Dist.- Purba Burdwan, Pin - 713101. However, the defendants did not comply with the agreed terms^and conditions of said facility. The defendants did not repay the outstanding^{Bank's duesand} overdue interest of loan account. Despite several^{requestsmade by applicant Bank, the} defendants did not^pay any attention to^{regularize the Account; consequently,the} account became irregular and was classified^{as NPA.Since the defendants failed and} neglected to liquidate the outstanding dues^{inspite of repeated requests and reminders,} applicant Bank compelled to serve /^{issue Recall Noticesdated 01.09.2022 upon the} defendants through its Ld. Advocates^{requestingthem to pay the outstanding loan} amount, copy of said notice dated^{01.09.2022 is annexedand markedwith Lefter'A-9'&} & 'A-10'. Considering aforesaid^{default and violation of the terms and conditions of said} credit facility, applicant^{Bank issued NoticeU/s 13(2)ot the SarfaesiAct, 2002 dated}

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O.A.1234 ot 2022 - DRf -Z/Kot

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07.04.2022 upon the defendants, and subsequently issued Notice U/s 13(4) dated 27.07.2022 upon the defendants demanding to repay the outstanding Bank,s dues, but all were in vain; copy of said Notices dated 07.o4.2022 and 27.07.2022 are annexed and marked with Letter 'A-1^'l ' & 'A-12' respectively. certified copies of statement of Account along with Certificate under Bankers' Books of Evidence Act, with interest calculation sheet, Annexure 'A-13', have been filed to show and prove the dues, and future interest @^{7.90o/oper annumwith} monthly rests from 01.09.2022, till realization of the entire due in full, has been prayed. Applicant Bank submitted that their claim in the original Application is within limitation.

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The Notices / summons were sent to Defendants No.1, 2 & 3 by the Tribunal. it is observed from s/R on affidavit dated 16.02.2024 and its enclosures that service of Notices / summons upon the Defendants is not successful by postal service, such has been recorded vide Ld. Registrar's order dated 19.02.2024. At the request of Ld. Advocate on behalf of applicant Bank, Ld. Tribunal is directed to serve the summons upon the defendants by way of substituted service; and Ld. Advocate of the applicant Bank has brought on record the affidavit of service on publication dated 22.03.2024 along with relevant portion of paper cuttings in two newspapers, namely (i)'The tndian Express'in English and (li)'Aajkal in Bengali, both dated 19.03.2024, such has been recorded vide Ld. Registrar's order dated 21 .05.2024. Despite service, the defendants did not appear nor filed the written statement; thus, all the defendants were ordered to be proceeded ex-parte vide order dated 30.01.2026. Ld. Advocate of the applicant Bank has submitted argument on 17.03.2026.

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Applicant Bank has filed the evidence-on-Affidavit, affirmed by Amit Kumar, Senior Manager of Bank's Circle Saska Centre, Police Line Bazar, P.O.- Sripally, Burdwan - 713103 along with copy of original documents executed by the defendants. Original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with the O.A. and after verification the originals have been returned to Sri Anil Kumar Mondal, Sr. Manager of Bank's Circle Office, Police Line Bazar, P.O.- Sripally, Burdwan on 14.06.2023; such has been recorded vide Ld. Asstt. Registrar's Order dated 14.06.2023. The documents produced by applicant Bank are exhibited and marked as Exhibits'A' &'A-1'to'A-13'.

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I have heard the Ld. Advocate ofthe applicant Bank and perused the records. 6. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, unrebutted and its veracity cannot be put to dispute. Applicant Bank has proved the averments made in the original Application. Applicant Bank has proved the sanction of housing loan facility of Rs.36,50,000/- vide sanction letter dated 08.08.2017. Applicant Bank has proved the creation of equitable mortgage in respect of immovable^property(s), described in Schedule^'X' at page 21 and para 3A at^page 9 to 11 of the original application.

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o .A,z34 of 2022 - oRr-2.or

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7- on the point of limitation, loan has been sanctioned on 0g.0g.2017, roan documents have been executed on 09.0g.2017, and original Application has been filed on 17.10.2022. The defendants admitted and acknowledged their debt and liabilities by executing Balance and Security confirmation Lefter dated 12.03.2020 confirming the outstanding balance in loan Account(s). As such, the original Application appears to have been filed well within the period of limitation.

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Applicant Bank stated that the outstanding balance in Housing / Term Loan Account (inclusive of accrued interests and other charges as calculated upto 31.0g.2022) for a sum of Rs.36,61,268.53 (Rupees thirty six lakh sixty one thousand two hundred sixty eight and paise fifty three) as on 31.0g.2022, which is the amount claimed by the applicant Bank in the original Application, and the defendants No.1 to 3 are, joinfly and/or severally, liable to repay the said amount to the applicant Bank with pendente tite and future interest, till realization. I allow the claim as made by applicant Bank in the original Application. Applicant Bank has prayed further interest @ 7.goo/o per annum at monthly rests from 01.09.2022, while in the sanction letter dated 08.08.2017 the rate of interest @^{8.60% per annum, has beenmentioned.} lt is seen that applicant bank was pleased to sanction Housing Loan to the defendants; therefore, in my view, the pendente lite & future rate of interest which has been claimed by applicant Bank in the original application, i.e. @ 7.90o/o per annum, simple, from 01.o9.2022, till realization of the entire due in full, is allowed.

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L The mafter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved to claim made in the o.A. The original application being O.A./234 of 2022 deserves to be allowed; hence allowed. 10. ln view of the above, I pass the following order:

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ORDER

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(i) O.A. No.234 of 2022, filed by applicant Bank, is allowed and debt is determined with cost against the Defendants No. l to 3. lt is hereby ordered that the Defendants No.1, 2 & 3 are hereby directed to pay, jointly and I or severally, the total debt amount of Rs.36,61,268.53 (Rupees thirty six lakh sixty one thousand two hundred sixty eight and paise fifty three) due and payable, inclusive of interest and other charges as calculated upto 31.08.2022; and interest for the period pendente lite and future @ 7.90o/o per annum, simple, from 01.09.2022, till realization of the entire sum due and recoverable.

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(ii) Amount, if any, paid by the Defendants in the loan account or amount, if any, recovered by the applicant Bank after filing of the original application, the same may be taken into account while arriving at the exact amount of dues/debt payable by the Defendants. Accordingly, the pendente /lfe and future interest shall be calculated on the reduced amount.

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(iii) The defendants are debarred from transferring, alienating, encumbering or disposing of the Mortgaged immovable property, described in Schedule^'X' at page 21 and para 3A at page 9 to 1 1 of the original application, as under -

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O.A.1234 ol 2022 - DRJ-ZtKot

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Mo aoed lmmovable P rtv

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^^{i4il !nr! pieceand parcerof tandand buirding situated at Dist.-Burdwan, Mouza} - B-ahir. Sarbamangata, Holding No.-11, Rasikpur"Mahatta, Ward No._3, ,lt ili.+2, nS flltjrl.!u.o?15/1@s^{per deed), LR Khatian No._laldt} and^1BS0d, ns^pror rvo.2559n414, LR Prot No.- 6794, c/ass - Bastu, measuing Area- 3 saiak more or ress yTd:! Pyr.d!1, Mynigipatitv as per sa/e Deed No.6120/2d17 and ot ztnoti nitn datea 17.08.2.01.7 standing in the name of sekh Jakir, sekh Afjat Hossain a sixn uiii att are son of Late Sekh Fakir Mohammed.,,

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The Defendants are also debarred from transferring, alienating, encumbering or disposing any other property(s) and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants No.1 to 3.

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(iv) Defendants No.1, 2 & 3 are given a time of sixty days from the date of this Final order / Judgment for repayment of the above mentioned dues, so intimated to them. ln case the Defendants fail to pay the dues within the above mentioned time, the Applicant Bank is entitled to recover its dues by sale of secured property(s), as aforesaid. Applicant Bank is also entitled to proceed against personal properties of the Defendants No.1, 2 & 3 both moveable and immoveable and also proceed against the Defendants No.1, 2 & 3 personally to recover the dues, in accordance with law.

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(v) Let the certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Final order / Judgment for issuance of the same against the Defendants No.1, 2 & 3 in favour of applicant Bank under section 1g(22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for signature for issuance.

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(vi) Ld. Recovery officer shall realize the amount as per the Recovery certificate from Defendants No.1, 2 & 3, in accordance with law.

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(vii) Ld. Registrar of this Tribunal is directed to place Recovery Certificate in terms of this Final Order / Judgment under section 19(22) of the Act of 1993.

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Accordingly, the Original Application, being O.A. No.234 ol 2022 is allowed and stands disposed of,

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File be consigned to Record room.

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This order is dictated and corrected by the undersigned and pronounced on this the 20th day of April, 2026.

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Copy of the Final Order / Judgment be uploaded on the Tribunal's Website.

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/S)1.--' tfl, (Arbind Madhav) Presiding Officer DRT-2, Kolkata

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kkb

Punjab National Bank v. Sekh Halim

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Sekh Halim

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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