Allowed

Punjab National Bank v. Smt Antara Biswas Prop of M/s Kiritaswari Oil Traders And Anr.

DRT18 Jun 2026OA/81/2023

Case brief

AI extract

What is this about?

In this ex-parte Order, the DRT Siliguri allowed the applicant bank's application seeking a Certificate of Recovery for a dues of approximately Rs. 20.87 lakhs from two defunct borrowers who failed to repay a cash credit facility.

What did the court decide?

Certificate of Recovery ordered to be drawn up for issuance against defendants; restraining order on alienation of assets for 30 days.

Punjab National Bank versus Smt Antara Biswas Prop… — Contract and Commercial Disputes | DRT (2026)

¶1

DEBTS RECOVERY TRIBUNAL, SILIGURI

Case No.

OA/81/2023

ORDER SHEET

Punjab National Bank

-VS

Smt. Antara Biswas & Anr

¶8

Date of the order.

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Order with signature

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Office action with date and dated signalurc of parties when neccssary

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18.06.2026 Present :

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Counsel for the Applican:: None and Law officer, Mr. Varun Shakya. Counsel for the Defendants : Ex-parte.

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The order dictated and corrected by the undersigned and pronounced in the open Tribunal under my signature on this 18h day of June, 2026. Let the Certificate of Recovery be drawn up by the Learned Registrar forthvih in terms of judgıment 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.

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(Rakesh Pati Tiwari) Presiding Officer DRT-Siliguri

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OVEN
DRT 8ILIGURL
URI

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THE DEBTS RECOVERY TRIBUNAL, SILIGURI

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O.A. No. 81/2023

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Punjab National Bank, Berhampore Branch, situated at No.1 & 2, Dr. S. N. Bhattacharjee

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Road, Berhampore, Post Office Berhampore, Police Station Berhampore, District Murshidabad, West Bengal, PIN -742101.

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Applicant Vs.

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SMT. ANTARA BISWAS, Prop. of MIS. Kiritaswari Oil Traders, Wife of Sri Tapash Kumar Biswas, having its business place at Vill Brahmanigram, Post Office & Police Station Sagardighi, District Murshidabad, PIN- 742226 and resident of Kurmitola-1, Jiaganj, Post Office Kurmitola, Police Station Murshidabad, Dist Murshidabad, PIN 742150.

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SRI TAPASH KUMAR BISWNAS, Son of Late Raghunath Biswas, Pradip Kumar

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Mahato, resident of Kurmitola-1, Jiaganj, Post Office Kurmitola, Police Station Murshidabad, Dist - Murshidabad, PIN-742150.

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.Defendants

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Counsel for the Applicant : Mr. S. Sanyal Counsel for the defendants :Ex-Parte

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PRESIDING OFFICER: RAKESH PATI TIWARI Date of Judgment -18.06.2026

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JUDG MENT

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Presiding Officer Debts Recovery Triounal This is an application under section 19 of the Recovery of Debts and Bankruptcy Act, Siligurí 1993, filed by the applicant bank against the defendants seeking issuance of Certificate of Recovery for realization of a sum of Rs.20,87,859.17P/- (Rupees Twenty Lacs Eighty Seven Thousand Eight Hundred Fifty Nine And Paise Seventeen) only with interest calculated upto 30.04.2023 and further interest @10.15% per annum with monthly rests from 01.05.2023 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.

¶29

The facts in brief, giving rise to the present application as pleaded are that considering the application of the defendant No.1 dated 11.08.2021, the applicant Bank sanctioned a Cash Credit Facility upto the limit of Rs.35,00,000/- (Rupees Thirty five Lacs) only to and in favour of the Defendant No.1 for her business, vide Sanction Letter dated

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(Contd...)

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03.09.2021. The defendant No,1 on 04.09.2021 executed Demand Promissory Note, Hypothecation of Goods, Agreement for Loan/cash Credit /Overdraft, Master Agreement. The defendant No. 2 in his personal capacity stood as a guarantor and executed a Letter of Guarantee dated 04.09.2021. After availing the loan, the defendants failed to repay the dues of the loan account and as such the account was classified as N.P.A. on 11.01.2023 as per guidelines of RBI. The applicant bank issued Demand Notice dated 21.01.2023 under registered post with A/D upon the Defendants but the defendants did not comply with the said notice. After giving credits for all sums of moneys paid by and/or realized on behalf of the defendants a sum of Rs.20,87,859.17P/- (Rupees Twenty Lacs Eighty Seven Thousand Eight Hundred Fifty Nine And Paise Seventeen) only inclusive of interest calculated upto 30.04.2023 was due against the defendants in the loan account No. 0229208700000013.

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Despite the service of summons upon the defendants through newspaper publications, the defendants failed to appear before this Tribunal. Hence, the matter is proceeding ex-parte against the defendants, vide order dated 18.05.2026.

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The Applicant Bank in support of its case has filed evidence by way of affidavit as afirmed by Sri Saikat Nag, the Chief Manager of the applicant Bank and also relied upon

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Presiding Oficer the following documents: Debts Recovery SI. Siliguri,

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SI. No.	Nameofthedocuments	Exhibits No.
1.	Applicationdated11.08.2021	1
2	LetterofSanctiondated 03.09.2021
3.	DemandPromissoryNoteofRs.35,00,000/- (RupeesThirtyfive lacs)onlydated04.09.2021	3
4.	dated04.09.2021 HypothecationofGoodstoSecureaDemandCashCredit	4
5	AgreementforLoan/cashCredit/Overdraftdated04.09.2021	5
6.	MasterAgreementdated04.09.2021	6
7.	AgreementofGuaranteedated 04.09.2021	7
	DemandNoticedated21.01.2023;
9.	StatementofAccount
5.		haveheardthelearnedcounselfortheapplicantbankand

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documents and evidence adduced by the applicant bank. The applicant bank has adduced documentary evidences which are marked as Exhibits - 1' to '9.The sanction of loan has been proved by producing Letter of Sanction dated 03.09.2021(Exhibit - 2'). The execution

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(Contd...)

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of required documents like Demand Promissory Note., Hypothecation of Goods, Agreement for Loan lcash Credit /Overdraft, Master Agreement and Agreement of Guarantee etc. have been proved by exhibiting the same at 3' to 7 respectively. By filing the Statement of Account (Exhibit - 9'), the applicant bank has proved the total outstanding dues along with interest upto 30.04.2023 to the tune of Rs.20.87.859.17P- (Rupees Twenty Lacs Eighty Seven Thousand Eight Hundred Fifty Nine And Paise Seventeen) only against the defendants.

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6 The applicant bank has filed this case against the defendants within 3 (three) years from the date of Sanction of loan on 03.09.2021 and as such the claim of the applicant bank is within limitation.

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7 The applicant bank 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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8 There is nothing available on the record to contradict the version of the applicant bank and thus the applicant bank has sufficiently proved its case by exhibiting all relevant documents.

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In the above circumstances, the following order is passed

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ORDER Debts Presiding Recover Officer Tribuna! O.A. No. 81/2023 filed by the applicant bank is allowed against the defendants Siligufi No.1 & 2 jointly and severally with costs and it is hereby ordered that the applicant bank is entitled to recover the total dues debt amount of Rs.20,87,859.17P/- (Rupees Twenty Lacs Eighty Seven Thousand Eight Hundred Fifty Nine And Paise Seventeen) only with interest calculated upto 30.04.2023 and further interest thereon @10.15% p.a. with monthly rests from 01.05.2023 till realization of entire balance from the defendants along with cost amount.

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Amount, if any, paid by the defendants in the loan account or amount recovered by (i) the applicant bank, if any, made towards the loan accounts after filing of the 0.A be taken into account while arriving at the exact amount of outstanding payable by the defendants. All that the hypothecated stocks-in-trade, movable equipment, plant and (i) machineries, tools, furniture and fixture and all other movable goods and materials including book debts of the business of the Defendant No.1 at Vill-Brahmanigram, Post Office & Police Station Sagardighi, District Murshidabad, PIN-742226, VWest Bengal, as mentioned in

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(Contd...)

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Schedule 'X of the original application, shall remain charged to the applicant bank and the applicant bank 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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The defendants are given a time of thirty days from the date of this judgment for (v) 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 theLearned Registrar forthwithin} 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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(vi) Learned^{RecoveryOfficerisdirectedtorealizetheduesamountfromthe} defendants^{as per the recovery certificate inaccordance with law.}

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(viii) Let this judgment^{beuploadedonwebsiteofthetribunalandtheRegistryis} directed^{to servelsend copy of this judgment to the parties free of cost.}

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Record is consigned to the record room along with the judgment. (ix) The judgment^is signed and^{pronounced inthe open Tribunalon18th day of} June, 2026.

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(RAKESH Rabet PÁTI TIWARI) tot mero Presiding Officer DRT, Siliguri. Presiding Officer Debts Recovery Trıbuna! Siliguri

Punjab National Bank v. Smt Antara Biswas Prop of M/s Kiritaswari Oil Traders And Anr.

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Smt Antara Biswas Prop of M/s Kiritaswari Oil Traders And Anr.

Case brief

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What did the court decide?

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