PUNJAB NATIONAL BANK vs SAMIR SEN on 6 May 2026

Order

Oflice action wilh &te and dabd Signature of parties when necessaay

Counsel for the parties: Ms. Swarnali Dutta, Ld. Advocate representing Ms. Rum Ghosh, Ld. Advocate for the applicant Bank. None for the defendants. T.A./669 of 2020 (arising out of 0.4./826 of 2018) i 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. 06.05.2026 a; (Ar-bihtl-lUadhav) Presiding Ofiicer DRT-2, Kolkata Order with Signature Central Bank of lndia

Ttu669 of 2020 - DRT-2/Kot DEBTS RECOVERY TRIBUNAL . 2, KOLKATA Jeevan sudha Brdg. oTth Froor,42tc, J.L. Nehru Road, Korkata -Tooo71 re hri Arbin Mad av tn TA No. 669 of

(Arising out of 0.4./826 of zOjB) ln the matter of Punjab Nationar Bank (erstwhire United Bank of rndia), a body corporate constituted under Banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Head office at Prot No.4, sector-lO, Dwarka, New Derhi - 11oozs, and carrying on Banking business, inter-aria, through its Dum Dum Branch, at 1, Rastraguru Avenue, P.S.- Dum Dum, Kotkata -7OOO2B. Applicant Bank -Versus- Samir sen, Proprietor oI Tara Maa tntemational, son of Niti Ranjan sen, residing at 115311, Nursery Bagan, Nagerbazar, Motijheel, Kolkata _7OOO74 Gouri sen, residing at 1ts3r1, Nursery Bagan, Nagerbazar, Motijheer, Korkata - 700074. . Defendants

Counsel for parties: For the Applicant Bank For the Defendants : Ms. Rumpa Ghosh '. Ex-Pafte FINAL ORDE R /JUDGMENT Delivered on 06.05.2026 Applicant (Punjab National Bank) erstwhile United Bank of lndia instituted the present Application being the original Application No.g25 of 201g fited in DRT-3, Kotkata on 02.05.2018 against two Defendants under section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.10,07,7sg.36 (Rupees ten lakh seven thousand seven hundred fifty eight and paise thirty six) with interest @ 12.45o/o per annum (floating), with quarterly rests, from the date of institution of the instant application, till final realization. Subsequenfly, the instant case has been hansferred to DRT-2, Kolkata vide the Hon'ble Chairperson DRAT, Kolkata,s direction vide letter No.4/6/DRAT/KOU2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 30.10.2019 and the same has been renumbered as T.4./669 of 2O2O vide Ld. Registrar's order dated 09.12.2020. a

TA/669 of 2020 - DRT-2/Kot 2' United Bank of rndia has been merged / amargamated into punjab Nationar Bank vide Gazette Notification dated March 04, 2020, issued by the Government of rndia published under Extraordinary part-ll, section 3, sub-section (i) in the Gazette of lndia in terms of section g of the Banking companies (Acquisition and rransfer of Undertaking) Act' 1970. rn view of the merger / amargamation of United Bank of rndia into punjab National Bank, the appricant name in this case shourd be read / inserted as punjab National Bank instead of United Bank of lndia.

3. ln accordance with the Notice dated 30.07.2020 of this Tribunar, Ld. Advocate for Punjab Nationar Bank has fired a petition being r.A./1134 of 2021 arong with put_up 14.11133 of 2021 dated 04.10.2021 praying for amendment of cause Tifle in view of amalgamation of United Bank of lndia with punjab National Bank vide G.o.l. Notification dated 04.03.2020: and in accordance with the direction of the Tribunar necessary amendment in cause tifle has been carried out by Ld. Advocate of the appricant Bank on 05.10.2021, such 05.10.2021.

The brief facts of the case as set out by appricant Bank in its originar Apprication, as under:

(i) The defendants had approached the appricant Bank for avairing Mortgage Loan by way of Loan Application Form dated 01.09.2013. Appricant Bank being satisfied with the credibilig of the defendants pleased to grant / sanction the credit facility of Rs.g,00,000/_ (Rupees eight lakh) in favour of defendants vide sanction letter dated 2g.10.2013. copy of loan application Form dated 01.09.2013 and sanction letter dated 28.10.2013 are annexed and collectively marked as Annexure ,A'.

(ii) ln consideration of the aforesaid credit facility of Rs.g.00 lakh granted to defendants, the defendants executed and delivered the following loan documents all daled 28.10.20'13 in favour of applicant Bank:

(a) Demand Promissory Note for Rs.g.00 lakh; (b) Lefter of Continuity;

(c) Letter of Lien;

(d) Letter of Guarantee;

(e) Power of Attorney;

(f) Memorandum of deposit of tifle deed by Mortgagor; (g) Consent Letter; (h) Agreement under Mortgage loan Scheme. Copy of said documents are annexed and collectively marked as Annexure ,B,.

5. The Defendants enjoyed the said credit facility by opening Account in erstwhile Bank's Dum Dum Branch, 1, Rashtra Guru Avenue, Kolkata -7OOO21. However, the defendants failed and neglected to abide by the terms and conditions of the facility. The Defendants did not repay the outstanding Bank's dues and overdue interests in the loan Account. Since the defendants did not pay any attention to regularize the Account, the has been recorded in Ld. Registrar_in_charge,s order dated &2

TA/669 of 2020 _ DRT_2/Kot Account became out of order and was crassified as N.p.A. on and rrom 31.12.2015. lnspite of repeated reminders, the defendants deriberatery faired and negrected to repay the outstanding roan amount. Appricant Bank had issued notice U/s 13(2) of the sarfaesi Act, 2002 dated 27 .01 .2016 upon the defendants; copy of 1 3(2) notice dated 27.01 .2016 is annexed and marked with Letter 'c'. Thereafter, appricant bank issued possession notice dated 02.03.2016 upon the defendants thereby taking symboric possession of the mortgaged property, but ail were in vain; copy of possession notice dated 02.03..2016 is annexed and marked as Annexure 'D'. certified copies of statement of Account arong with certificate under Bankers' Books of Evidence Act, with interest calcuration sheet, have been fired to show and prove the dues (Annexure 'E'), and interest @ 12.450/o per annum (floating) with quarterly rests, from the date of institution of the instant application, till final realization against the defendants, has been prayed. Appricant Bank submitted that their claim in the Application is within limitation.

6. The notice / summons was sent to the Defendants No.1 & 2 by the Tribunar. rt is observed from the s/R on affidavitdated 22.11.2022and 17.0g.2024 and its enctosures that service of Notice / summons upon the Defendants is successfur, such has been recorded vide Ld. Registrar's order dated 22.11.2022 and 04.11.2024. Despite service, the defendants did not appear nor filed the wriften statement; thus, both the defendants were ordered to be proceeded ex-pafte vide order dated 14.01.2025. written notes of argument has been filed on behalf of applicant Bank on 14.01.202s thereby stated the brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant Bank has submitted arguments on 02.04.2026.

7. Applicant Bank has filed the Examination-in-chief on Affidavit affirmed by Debasish Bhaftacharya, Branch Manager of erstwhile Bank,s Dum Dum Branch, 1, Rashtraguru Avenue, Kolkata - 7ooo2g along with the copies of original documents executed by Defendants. original documents have been produced by the applicant Bank; the same have been verified with copies of the documents annexed with o.A. and after verification the originals have been returned to Sri Niladri sikder, Assft. Manager of Bank's Dum Dum Branch, Kolkata -7ooo21 on 14.o7.2022, such has been recorded in Ld. Registrar's order dated 14.07.2022. The documents produced by the applicant Bank are exhibited and annexed at 'A-1' to 'A-5'. I have heard the Ld. Advocate for the applicant Bank and perused the records. 8' Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, un- rebutted and its veracity cannot be put to dispute. Applicant Bank has corroborated the averments made in the O.A. Applicant Bank has proved the sanction of overdraft facility of Rs.8.00 lakh vide sanction letter dated 28.10.2013. Applicant Bank has proved the creation of equitable mortgage of immovable property by executing Memorandum of deposit of title deed by Mortgagor dated 28.10.2013; described in para lll.A at page 5 of the original application. -C,

Ttu669 of 2020 _ DRT_2/Kot on the point of rimitation, Loan has been sanctione d on 2g.10.2013; documents have been executed on 28.10.2013; original Application has been filed on 15.10.201g. To secure the aforesaid credit facirity, the defendants created equitabre mortgage in respect of immovabre property by deposit of rifle Deed with the appricant bank; the defendants has confirmed the mortgage by executing a Memorandum of deposit of tifle deed on dated 29.1O.2013 in favour of applicant bank; annexure _12 at page 34 of the original application. As such, the originar Apprication appears to have been fired weil within the period of limitation. 10' Applicant Bank stated that the outstanding barance in roan Account (incrusive of accrued interests and other charges as carcurated upto 30.0g.201g) is Rs.i0,07,7sg.36 (Rupees ten rakh seven thousand seven hundred fifty eight and paise thirty six) as on 30.09.2018, which is the amount craimed by appricant Bank in the originar Apprication, and the defendants No.1 & 2 are, joinfly and/or severaily, riabre to repay the said amount to the applicant Bank with pendente tite and future interest, till realization. I allow the claim as made by appricant Bank in the originar Apprication. Appricant Bank has prayed future interest @ 12.450/0 per annum (floating) with quarterry rests from the date of institution of the instant application, till final realization; while in Demand promissory Note dated 28.10.2013 the rate of interest @ 11.7so/o per annum with monthly rests, has been mentioned. Therefore, in my view, the pendente /ife & future rate of interest @ 11.7so/o per annum, with quarterly rests, from 01.10.2019, till final realization, is allowed. 11' The mafter 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. The original application being T.4./669 oI 2020 (arising out of 04/826 of 2o1g) deserves to be allowed; hence allowed.

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

ORDER

(D T.4./669 of 2o2o (arising out of 0.A./826 ot 2018) fired by appricant Bank, is allowed and debt is determined with cost against the Defendants No.1 & 2. lt is hereby ordered that the Defendants No.1 & 2 are hereby directed to pay, joinfly and / or severally, the total debt amount of Rs.l0,07,7s8.36 (Rupees ten lakh seven thousand seven hundred fifty eight and paise thirty six) due and payable, inclusive of interest and other charges as calculated upto 30.09.2018; and interest for the period pendente tite and future @ 11.75vo per annum, with quarterly rests, from 01.10.201g, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by 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 No.1 & 2. Accordingly , the pendente tite and future interest shall be calculated on the reduced amount. a

Ttu669 of 2020 _ DRT_2iKot

iii) Defendants No.1 & 2 are debarred from transferring, arienating, encumbering or disposing of the mortgaged immovabre property; described in para ilr.A at page 5 and Memorandum of deposit of tifle deed dated 2g.10.2013 at page 34 of rhe originar Application, as under - "ALL THAT piece and parcer of Land measuing 2 cottah g chittak 34 sq.ft. arong with adjacent rand me.asuing 1..1 chittak zz sq.n. be the same a riftre more or ress together with the building_standing thereon at i/s3tt, Nursery Bagan, Jessore Road, Naser Bazar, p.s.- Dum Dum, wiro No.21 or south ou* oiiiiir;;i;i;y, Kotkata- 700074." The Defendants are arso debarred from transferring, arienating, encumbering or disposing of any other property(s) and assets, movabre and/or immovable, beronging to them till the aforesaid adjudicated debt amount are recovered from the Defendants No.1 &2.

(iv) Defendants No.'l & 2 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. rn case the Defendants fair to pay the dues within the above mentioned time, the appricant Bank is entitred to recover its dues by sare of secured property(s), as aforesaid. Applicant Bank is also entifled to proceed against personal properties of the Defendants both moveable and immoveabre and arso proceed against the Defendants No.1 & 2 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 Defendants No..r & 2 in favour of applicant Bank under section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for signature for issuance.

(vi) Ld. Recovery officer shall realize the amount as per the Recovery certificate from Defendants No.1 & 2, 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 Apprication, being T.A./669 or 2o2o (arising out of

0. A./826 of 2018) is allowed and stands disposed of. File be consigned to Record room. This order is dictated and corrected by the undersigned and pronounced on this the 06th day of May, 2026. Copy of the Final Order / Judgment be uploaded on the Tribunal,s Website. A+^a 1LG>t^,- (Arbind M . (^- h6v) Presiding Officer DRT-2, Kolkata kkb