PUNJAB NATIONAL BANK vs SMT MINU DAS on 10 April 2026

1. **Smt. Minu Das**, wife of Sri Mantu Das, residing at 9, Baguipara Road, Elachi, P.O.-Narendrapur, Kolkata – 700103.

..... Defendants

Counsel for parties:

For the Applicant Bank : Md. Amjad Ali

For the Defendant : *Ex-Parte*.**FINAL ORDER / JUDGMENT**

Delivered on 10.04.2026

Applicant (Punjab National Bank) erstwhile United Bank of India instituted the present Application being the Original Application No.479 of 2018 filed in DRT-3, Kolkata on 12.06.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of **Rs.18,55,560.40** (Rupees eighteen lacs fifty five thousand five hundred sixty and paise forty) including interest calculated upto 31.05.2018 and future interest chargeable at the contractual Rate, i.e. 15.10% per annum excluding penal interest of 2% above normal rate with monthly rests, till the actual payment or realization thereof. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble Chairperson DRAT, Kolkata's direction vide letter No.4/6/DRAT/KOL/2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 24.10.2019 and the same has been renumbered as T.A./10 of 2020 vide Ld. Registrar's order dated 30.10.2019.

2. United Bank of India has been merged / amalgamated into Punjab National Bank vide Gazette Notification dated March 04, 2020, issued by the Government of India published under Extraordinary Part-II, Section 3, sub-section (i) in the Gazette of India in terms of Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. In view of the merger / amalgamation of United Bank of India into Punjab National Bank, the applicant name in this case should be read / inserted as Punjab National Bank instead of United Bank of India.

3. In accordance with the Notice dated 30.07.2020 of this Tribunal, Ld. Advocate for Punjab National Bank has filed a petition being I.A./330 of 2021 dated 17.03.2021 praying for amendment of Cause Title in view of amalgamation of United Bank of India with Punjab National Bank vide G.O.I. Notification dated 04.03.2020; and in accordance with the direction of the Tribunal necessary amendment in cause title has been carried out by Ld. Advocate of the applicant Bank on 07.04.2021, such has been recorded in Ld. Registrar-in-charge's order dated 07.04.2021.

4. The Brief Facts of the case are as followed:-

(i) The Defendant having transport business applied to the applicant Bank for CGTMS Loan Facility for the purpose of development of his business vide Application dated 06.04.2011 & 28.10.2011. Copy of the Application dated 06.04.2011 & 28.10.2011 are annexed and marked as Annexure "A". Upon consideration of loan application, applicant Bank was pleased to sanction / grant a CGTMSE Loan facility of Rs.12,00,000.00 (Rupees twelve lakh) vide letter of sanction dated 18.05.2011, and again sanctioned Rs.12,37,000.00 (Rupees twelve lakh thirty seven thousand) vide letter of sanction dated 06.12.2011 to the defendant on certain terms & conditions mentioned therein which is accepted by the defendant. Copy of said letters of sanction dated 18.05.2011 & 06.12.2011 are annexed and marked as Annexure 'B'.

(ii) In consideration of the aforesaid sanction, the defendant executed and delivered the following loan documents in favour of the Applicant Bank:-

1. a. Hypothecation of Transport Equipment dated 30.05.2011 & 23.12.2011

2. b. Hypothecation of Debts & Moveable Assets dated 30.05.2011 & 23.12.2011

3. c. Letter of Lien dated 30.05.2011 & 23.12.2011

4. d. Demand promissory Note dated 30.05.2011 & 23.12.2011

5. e. Text of Consent Clause

6. f. Balance Confirmation dated 28.11.2017

7. g. Documents related with hypothecated vehicles Copies of the said documents are annexed and collectively marked as Annexure "C".

5. The Defendant availed and enjoyed the said credit facilities by opening Account in erstwhile Bank's Jadavpur Branch, at 24, Raja S.C. Mallick Road, Kolkata – 700032. However, the defendant failed and neglected to abide by the terms and conditions of the facility. The Defendant did not repay the outstanding Bank's dues and overdue interests in loan Account. Inspite of repeated requests and personal contact made by applicant

Bank, the defendant failed to regularize the loan Account. Despite several requests made by applicant Bank, the defendant did not pay any attention to regularize the Account; consequently, the account(s) became irregular and was classified as NPA on 31.12.2013 (Annexure 'D' in Demand Notice at page 84 of O.A.). Applicant Bank was no other alternative compelled to issue demand notice dated 24.05.2018 upon the defendant advised to regularize the accounts as soon as possible, but the defendant did not comply with the said notice; copy of said demand notice dated 24.05.2018 is annexed and marked as Annexure 'D'. Certified copies of Statement of Account along with Certificate under Bankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'E'), and future interest at the contractual rate, i.e. @ 15.10% per annum with monthly rests with effect from 01.06.2018. till the actual payment or realization thereof, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The notice / summons was sent to the Defendant by the Tribunal. It is seen from the S/R on affidavit dated 26.08.2025 and its enclosures that postal service of summon has been successfully effected upon the Defendant, such has been recorded vide Ld. Register's order dated 26.08.2025. Despite service, the defendant did not appear nor filed the written statement; thus, the defendant was ordered to be proceeded *ex-parte* vide order dated 29.01.2026. Ld. Advocate of the applicant Bank has submitted argument on 12.03.2026.

7. Applicant Bank has filed the Affidavit of Evidence, affirmed by Sumesh Kumar Oraon, Branch Manager of erstwhile Bank's Jadavpur Branch, at 24, Raja S.C. Mallick Road, Kolkata – 700032 along with the copies of original documents executed by Defendants. Original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with O.A. and after verification the original documents have been returned to Sri Somnath Som, Sr. Manager (Law) of Bank's Sastra Division, 09^th Floor, 11, Hemanta Basu Saani, Kolkata – 700001 on 17.08.2022, such has been recorded vide Ld. Registrar's order dated 17.08.2022. The documents produced by Bank are exhibited and annexed as Exhibits A-I to A-XI.

I have heard the Ld. Advocate of the applicant Bank and perused the records.

8. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, unrebuted and its veracity cannot be put to dispute. Applicant Bank has corroborated the averments made in the T.A./O.A. Applicant Bank has proved the sanction of CGTMSE Loan facility for a sum of Rs.12.00 lakhs vide letter of sanction dated 18.05.2011 and Rs.12.37 lakh vide letter of sanction dated 06.12.2011. Applicant Bank has proved the hypothecated movable asset – vehicle; morefully described in Schedule at page 14 and para 3A at page 7 & 8 of the original application.

9. On the point of limitation, Loan has been sanctioned on 18.05.2011 and 06.12.2011; loan documents have been executed by defendant on 30.05.2011 & 23.12.2011, and Original Application has been filed on 12.06.2018. Further, the defendant executed and delivered the Balance Confirmation Letter dated 28.11.2017 in favour of applicant Bank. As such, the original Application appears to have been filed well within the period of limitation.

10. Applicant Bank has stated that the outstanding balance in Loan Account (inclusive of accrued Interest and other charges as calculated upto 31.05.2018) for a sum of **Rs.18,55,560.40** (Rupees eighteen lacs fifty five thousand five hundred sixty and paise forty) as on 31.05.2018, which is the amount claimed by applicant Bank in the original Application, and the defendant is liable to repay the said amount to the applicant Bank with *pendente lite* and future interest, till realization in full. I allow the claim as made by the applicant Bank in the original Application. Applicant Bank has prayed future interest at the contractual rate, i.e. @ 15.10% per annum excluding penal interest of 2% above normal rate with monthly rests, till the actual payment or realization thereof; while in Demand Promissory Note dated 30.05.2011 and 23.12.2011 the rate of interest @ 13.50% per annum and @ 14.10.% per annum respectively with monthly rests, have been mentioned. Therefore, in my view, the *pendente lite* & future rate of interest @ 13.50% per annum, with quarterly rests, from 01.06.2018, is allowed.

11. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved its claim made in the O.A./T.A. The original application being T.A./10 of 2020 (arising out of OA/479 of 2018) deserves to be allowed; hence allowed.

12. In view of the above, I pass the following order:

ORDER

(i) T.A/10 of 2020 (arising out of OA/479 of 2018) filed by applicant Bank, is allowed and debt is determined with cost against the Defendant. It is hereby ordered that the Defendant is hereby directed to pay, the total debt amount of **Rs.18,55,560.40** (Rupees eighteen lacs fifty five thousand five hundred sixty and paise forty) due and payable, inclusive of interest and other charges as calculated upto 31.05.2018; and interest for the period *pendente lite* and future @ 13.50% per annum, with quarterly rests, from 01.06.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendant 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 Defendant. Accordingly, the *pendente lite* and future interest shall be calculated on the reduced amount.

(iii) The defendant is debarred from transferring, alienating, encumbering or disposing of the hypothecated movable assets, described in Schedule at page 14 and para 3A at page 7 & 8 of the original application.

Hypothecated Movable Assets:

"Registration No. : WB19E9690 Manufacturer : VE Commercial Vehicles Ltd. Engine No. : E483cdbl555198 Fuel : Diesel Chasis No. : MC217LRT0BL239086 Type of Vehicle : Bus."

The defendant is also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to him till the aforesaid adjudicated debt amount are recovered from the Defendant.

(iv) The defendant is given a time of sixty days from the date of this Final Order / Judgment for repayment of the above mentioned dues, so intimated to her. In case the Defendant fails to pay the dues within the above mentioned time, 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 property(s) of the Defendant both moveable and immovable and also proceed against the sole Defendant personally to recover the dues, in accordance with law.

(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 Defendant in favour of Applicant Bank under Section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993 (amended from time to time) and put up the same for signature for issuance.

(vi) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the sole Defendant, in accordance with law.

(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.

**Accordingly, the Original Application, being T.A./10 of 2020 (arising out of O.A./479 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 10^th day of April, 2026.

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

(Arbind Madhav) Presiding Officer DRT-2, Kolkata

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