Allowed

Punjab National Bank v. Sri Biplab Biswas

DRT28 Jan 2026OA/95/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the application filed by Punjab National Bank for issuance of Certificate of Recovery against Sri Biplab Biswas for recovery of outstanding loan dues including interest under the Recovery of Debts and Bankruptcy Act, 1993.

What did the court decide?

Issuance of Certificate of Recovery for Rs. 22,94,528 including interest and cost; thirty days to repay before execution against personal properties.

Punjab National Bank versus Sri Biplab Biswas — Banking and Recovery | DRT (2026)

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DEBTS Case No.	RECOVERY TRIBUNAL, SILIGURI ORDER SHEET
OA/95/2023	PunjabNationalBank -VS- SriBlplabBlswas Office a	ction with
Dateofthe order. 28.01.2026	Order with signature Present:- V.'*yt1.1,A.((y,* date a signatur parties necessa	nd dated e of when ry.
	___ Counsel for the Applicant :Mrs.Mousumi Ghosh Chowdhury,,. Counsel for the Defendant: None. The order is dictated and corrected by the undersigned and pronounced in the open Tribunal under my signature on this 28^thday of January, 2026. Let the CertificateofRecoverybedrawn up by the Learned Registrar forthwithinterms of judgment for issuance ofthe same against the defendantsinfavourofApplicant Bank under Sub-Section 7and22ofSection - 19ofThe RecoveryofDebts and Bankruptcy Act, 1993andput up the same for signature for issuance. Copyofthe judgment/final orderbegiven/sent to the parties. _e (Rake~wari) Presiding Officer DRT-Siliguri PresidingOfficer DebtsRecoveryTribunal Siliguri

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THE DEBTS RECOVERY TRIBUNAL, SILIGURI

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O.A. No. 95/2023

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Punjab National Bank, Circle Sastra, Maida Circle, Nazrul Sarani, B.S. Road, P.O.

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Maida, Pin - 732101, District - Maida, West Bengal. And Punjab National Bank,

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Habibpur Branch (erstwhile United Bank of India Habibpur Branch), Bulubul Chandi,

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District - Maida, Pin - 732122.

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. ........................ Applicant

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Vs.

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Sri. Biplab Biswas, S/o Sri. Biswanath Biswas, village-Laxmipur (Sarai Para),

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Muschia, P.O Aiho, Dist Maida, Pin-732121.

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. ...................... Defendant

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Counsel for the applicant Counsel for the defendant

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Ms. Mousumi Ghosh Choudhury

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Ms. Pooja Maiya

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PRESIDING OFFICER: RAKESH PATI TIWARI

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Date of Judgment - 28.01.2026

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JUDGMENT

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This is an application under section 19 of the Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant bank against the sole defendant seeking issuance of Certificate of Recovery for realization of a sum of Rs. 22,94,528/~Rupees Twenty Two Lacs Ninety Four Thousand Five Hundred and Twenty Eight) only inclusive of interest calculated upto 31.05.2023 and further interest from 01.06.2023 @12.50% per annum with monthly rests till realization of the entire amount along with injunction restraining the defendant from disposing of and/or alienating and/or encumbering the personal charged and uncharged assets and also costs.

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W, ,,,P',./P , ,\ f,e ~~to ~ 0 ·,<..{;) s . f' '<J ,,<.."\ • <..e ~«:~F>,'~?_ s ~~ _(JC?,_

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The facts in brief, giving rise to the present application as pleaded are that considering the application of the defendant, the erstwhile United Bank of India sanctioned the amount of Rs. 25,00,000/- (Rupees twenty five lakhs) only on 26.03.2012 for meeting the expenses of defendant business, vide Sanction Letter dated 26.03.2012. The defendant on 29.03.2012 executed Demand Promissory Note, Letter of Lien, Letter of Continuity, Hypothecation agreement (goods, Book debts, plant & machinery) and Consent Clause. The defendant further executed

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(Contd ... )

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correctness of the balance statement on 24.11.2014. After availing the loan the defendant failed to regularize the loan account and as such the loan account was classified as NPA on 29.03.2021 as per the guidelines of Reserve Bank of India. The 2

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• defendant time to time made some deposits in the said loan account and lastly the defendant executed Balance and Security Confirmation Letter on 05.01.2023. The Applicant Bank issued demand notice dated 02.02.2023 upon the defendant but the defendant did not comply with the said notice. After giving credits for all sums of moneys paid by and/or realized on behalf of the defendant a sum of Rs. 22,94,528/(Rupees Twenty Two Lacs Ninety Four Thousand Five Hundred Twenty Eight) only

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with interest calculated upto 31.05.2023 was due against the defendant in the loan account No. 0234250030685 (CC).

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Although the defendants appeared through their counsel, no written statement was filed against the claim of the applicant bank within the stipulated period inspite of several opportunities to file the same and hence the defendants were debarred from filing the W.S. vide order dated 26.06.2024. Thereafter on 04.03.2025 the defendants filed their written statement but without any petition and moreover the defendants did not move the same and therefore, the written ~ i- ~ ~{·) ot', ,._,~~ The Applicant Bank in support of its case has filed evidence by way of 3. ~ statement filed by the defendants cannot be taken on record. e,c\ i,,~ :4e<..'.

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~: ~ec.i'~~' affidavit as affirmed by Sri Nawin Kumar, the Senior Branch Manager of the )e'O

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Applica SI	nt Bank and also relied upon the following documents:- Nameofthe documents
. No.		xhibits No.
1.	LoanApplication dated 19.03.2012	A/1
2.	Sanction Letter dated 26.03.2012	A/2
3.	Demand Promissory Note dated 24.11.2014	B/1
4.	Letter of Lien dated 29.03.2012	B/2
5.	Letter of Continuity dated 29.03.2012	B/3
6.	Hypothecation agreement dated 29.03.2012	8/4
7.	Consent clause	B/5
8.	orrectness of the balance statement 24.11.2014 Bl d Sit fiti ltt dd 05012023	C
9. 10	aance an ecury conrmaon eer ate .. Demand Notice dated 02022023	D
. 11.	.. StatementofAccount 0234250030685	E F

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(Contd ... )

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Pan and Aadhar card of Borrower G 13. Authorized Letter H

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I have heard the learned counsel for the applicant bank and perused the documents and evidence adduced by the applicant bank.

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The Applicant bank has proved documentary evidence which are marked as Exhibits 'A/1', 'A/2', 'B/1' to 'B/5' and 'C' to 'H'. The sanction of loan has been proved by producing the Sanction Letter dated 26.03.2012 (Exhibit- 'A/2'), the execution of required documents like Demand Promissory Note, Letter of Lien, Letter of Continuity, Hypothecation agreement, Consent clause, Correctness of the balance statement, Balance and Security confirmation Letter, Pan and Aadhar card of Borrower etc. have been proved by exhibiting the same at 'B/1' to 'B/5', 'C', 'D', 'G'. By filing the statement of account (Exhibit -'F'), the applicant bank has proved the total outstanding dues of Rs. 22,94,528/- (Rupees Twenty Two Lacs Ninety Four Thousand Five Hundred Twenty Eight) only against the defendant.

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The applicant bank has filed this case against the defendant within three years from the date of execution of Balance and Security Confirmation Letter on 05.01.2023 by the defendant and/or classifying the loan account as NPA on 29.03.2021 and as such the claim of the applicant bank is within limitation.

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The applicant bank has got valid cause of action to file this case as after ~ ~ <J,-, c, e \ 'Ji'· ,,,.., Q'" ~~ \6,(;~ '\·,"-''taking the loan the defendant failed to make payment as per the terms and e'o Ne • ~\ 0G, . .-•~\ ~f?-'O'-<o ':' • conditions of the sanction letter agreed by the defendant. of the sanction letter agreed by the defendant. the sanction letter agreed by the defendant.

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conditions of the sanction letter agreed by the defendant. of the sanction letter agreed by the defendant. the sanction letter agreed by the defendant.

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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

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exhibiting all relevant documents.

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In the above circumstances, following order is passed ;

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ORDER

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(i) O.A.No.95/2023 filed by the applicant bank is allowed against the sole defendant with cost and it is hereby ordered that the applicant bank is entitled to recover the total dues debt amount for Rs. 22,94,528/- (Rupees Twenty Two Lacs Ninety Four Thousand Five Hundred and Twenty Eight) only with interest calculated upto 31.05.2023 and further interest thereon @12.50% p.a. with monthly rests from

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(Contd ... )

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01 -06.2023 till realization of entire balance from the defendant along with the cost amount.

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(ii) Amount, if any, paid by the defendant in the loan account or amount recovered by the applicant bank, if any, made towards the loan accounts after filing

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of the O.A be taken into account while arriving at the exact amount of outstanding payable by the defendant.

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(iii) Hypothecated property being All that stock in trade of the unit, cattle feed , fish feed and machinery, shed, plants etc, as mentioned in the Schedule 'X' annexed to 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 defendant is 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 proceed against the said defendant personally and/or personal properties to recover the dues in accordance with law.

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

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

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(vii) 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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(viii) 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 28th

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day of January, 2026.

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R..~~ fa-h'" /v~_ (RAXESH PATI TIWARI) >-tl, C>/ • ~~ Presiding Officer

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ORT, Siliguri. Presiding Officer Debts Re-:ovary T nbuna! Siligun

Punjab National Bank v. Sri Biplab Biswas

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Sri Biplab Biswas

Case brief

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