PUNJAB NATIONAL BANK vs M S TARAMA ENTERPRISE AND ORS on 11 June 2026

JUDGEMENT

The Appllcant Bank filed the present TA being No. TAl104/2019 on O9lO3l2O18 (arising out of O.A. No. 151 of 2018 filed before DRT-3, Kolkata) for recovery of a total sum of Rs. l3,L9,2lgl- (Rupees thirteen lakh nineteen thousand two hundred and eighteen only) from the Defendants towards Cash Credit facility of Rs. 10,00,000/-, together with interest, costs and other usual reliefs.

The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 22/Ot12025, and heard ex-parte accordingly. The Applicant Bank examined 14 documents through Srl Ananta Bhusan Mandal, Manager marked as Exhibit Annexure-A to Exhiblt Annexure-A-13.

ll. It. vi. vii. vllt. ix. Annexure A- Copy of the application letter dated 05.12.2013 Annexure A-1- Copy of the sanction letter dated 06.12.2013 Annexure A-2- Copy of the Demand Promissory Note dated 06.12.2013 for Rs.10,00,000/-; Annexure A-3- Copy of the Agreement Under Mortgage Loan Scheme dated 06. 12.2013i Annexure A-4- Copy of the Letter of Llen dated O6,L2.2O13; Annexure A-5- Copy of the Letter of Continuity dated 06.12.2013; Annexure A-6- Copy of the Text of the Consent Clause taken from the Borrower dated 06.12.2013 Annexure A-7- Copy of the Guarantee Agreement dated 06,12.2013 Annexure A-8- Copy of the specimen entry in the title deed register relating to mortgage Annexure A-9- Copy of the title deed Annexure A-10- Copy of the valuation Annexure A-11- Copy of the Notice under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act,2OO2 Annexure A-12- Copy of the Notice dated 01.02.2018 Annexure A-13- Copy of the Statement of Accounts x. xi, xii. x t. xtv.

Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration is: Whether the Applicant Bank is entitled to the claim made in the OA agalnst the Defendants and the OA schedule properties as prayed for? As stated supra, the Defendants remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recltals in the documents viz., Exhibits Annexure-A to Annexure-A-l3 marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and the OA schedule propertles. Hence, I hold that the Defendants are jointly and severally liable to pay to the Applicant Bank the claims made in the OA with future lnterest and costs.

In the result, the present Orlglnal Application is allowed ex-parte with costs, as under:-

ORDER

4b G)r.a. No. 104 of 2019, filed by the Applicant Bank, is allowed and debt is determined with cost against the defendants. It is hereby ordered that the Defendants are hereby directed to

7. i.

pay, Jointly and/ or severally, the total debt amount of Rs. 13,19,218/- (Rupees thirteen lakh nineteen thousand two hundred and eighteen only) due and payable, inclusive of lnterest and other charges calculated upto 3Ll L2/2OL7; and lnterest for the period pendente /ife and future @ 11.50o/o per annum, with quarterly rests, from OL/Otl2OlB, till realization of the entire sum due and recoverable.

(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendente lite and future interest shall be calculated on the reduced amount.

(3) The Defendants are debarred from transferring, alienatlng, encumberlng or disposing of the mortgaged immovable property, described para III A at page I of the Origlnal Application, as under:- "All that piece and parcel of land and building measuring 1 Coftah I Chittacks land in Dag No. 2257, Khatian NO, 155, R.S. 154, l.L. NO. 20, Mouza Satgachi, P.S. Dum Dum, District 24 Parganas (North), A.D,S.R, Cossipore North 24 Parganas". The Defendants are also debarred from transferring, alienating. encumbering or disposing of any other property(ies), whether movable or immovable, or assets belonging to them till the aforesaid adjudicated debt amount is recovered from the Defendants.

(4) Defendants are given a time of sixty days from the date of the JudgemenvFinal Order for repaying ofthe above mentloned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entltled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwlth in terms of Judgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Ceftificate,

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certlficate from the defendants in accordance with law.

(7) Ld. Registrar of this Tribunal is dlrected to deliver the Recovery Certificate in terms of the final order/Judgement for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. The parties are directed to appear before the Recovery Officer for further action in accordance with law in the event the entire amount is not pald by the said date, Accordingly, T.A. No. 104 0f 2019 (arising out of o.A. No. 161 0f 2018 filed before DRT-3, Kolkata) is allowed and stands disposed of. Copy of the JudgemenvFinal Order be uploaded in the Tribunal,s webslte. File is conslgned to the Record Room. (Dictated to steno, transcrtbed by her, corrected, signed and pronounced by me ln the open Court on the ltb day of June, 2026) A,A,-& lttpt,-, ( ARBIND A PRESIDING OFFICER DRT-II KOLKATA