PUNJAB NATIONAL BANK vs MOSIUR RAHAMAN on 11 June 2026

JUDGEMENT

The Applicant Bank filed the present TA being No. TA/S49/2020.on 26/tO/2Ot8 (arising out of o.A. No. 852 of 2018 filed before DRT-3, Kolkata) for recovery of a total sum of Rs. 15,05,497.tO/- (Rupees fifteen lakh five thousand four hundred ninety seven and paisa ten only) from the Defendants towards wcrL facility of Rs. 6,06,525/- and Term Loan of Rs. 03,87,090/-, together with interest, costs and other usual reliefs. The Defendants are served with summons. The defendants did not appear, as there as no representation from the defendants, the case was fixed for ex-parte hearing on 2U02/2024, and heard ex-parte accordingly.

The Applicant Bank examined 15 documents through sri Ashok Kumar singh, Branch Manager, marked as Exhibit Annexure-A to Exhibit Annexure-H. i. ii. iii. iv. Annexure A- Loan Application Letter Annexure B- Loan Sanction Letter dated O2/O5/2Olz Annexure C- Declaration on execution of documents dated O3/O512OL2 Annexure c-1- Text of the consent clause to be taken from the Borrowers along with loan documents dated O3/OS/ZOL2 Annexure C-2- Demand Promissory Note of Rs. 9,93,615/- dated 03/05/2Ot2 Annexure C-3- Letter of Lien dated O3/OS/20L2 Annexure c-4- Agreement for Term Loan & Hypothecation dated o3/os/2or2 Annexure D- Schedule-"X" Annexure D-1- Registered Bengali Sale Deeds (Saaf Bikroy Kobala) along with the Bengali to English Translated copy of the Sale Deeds Annexure D-2- Specimen of acknowledge letter relating to deposit of title deeds by a Borrower dated O3/OS/2OL2 Annexure D-3- Valuation Report of the property dated 03/09/201g Annexure E- Demand Promissory Note of Rs. 9,93,615/- dated 30/10/2015 Annexure F- Demand Notice along with postal Consignment Track Report dated 06/08/2018 Annexure G- Statement of Accounts duly certified under the Banker,s Book Evidence Act, 1891 and Statement of un-applied interest Annexure H- Schedule-"Y" vi. vii, viii. ix. x xi, xii. xlll. xrv. xv,

4. 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 against 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 recitals in the documents viz., Exhibits Annexure-A to Annexure-H marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and the oA schedule properties. 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 interest and costs. In the result, the present original Application is allowed ex-parte with costs, as u nder: -

ORDER

(1) T.A. No. 549 of 2o2o, filed by the Applicant Bank, is allowed and debt is determined with cost against the Defendants No. 1to 3. It is hereby ordered that the Defendants No. 1to 3 are hereby directed to pay, jointly and/ or severally, the total debt amount of Rs. 15,05,497.Lo/- (Rupees fifteen lakh five thousand four hundred /-rninety seven and paisa ten only) due and payable, inclusive of interest and other (4' charges calculated upto 3LlOTlZOlg; and interest for the period pendente ite and future @ L4.20o/o per annum, with quarterly rests, from OL/Og/ZOlg, till realization of the entire sum due and recoverable.

(2) Amount, if any, paid by the Defendants No. 1 to 3 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 tite and future interest shall be calculated on the reduced amount.

(3) The Defendants No. 1 to 3 are debarred from transferring, alienating, encumbering or disposing of the immovable properties and hypothecated assets, described in Schedule "X" and "Y" at page 43 and 84 and para III A at page 4 to 6 of the Original Application, as under: - bt P N "1) sale Deed No (saaf Bikroy Kobala)-07224 for the year 2003, registered in the office of the A.D.s,R.-Barasat, North 24 parganas, west Bengal, recorded in Book No-|, Volume No-223, Pages from 1ll to 119, being No-07224 for the year 2003 and the property located and situated at Mouza-Chowmoha, J.L,No-176, Re.Sa,No-109,170, L.R.Khatian No-983, L.R.Dag No-12g4 and 1295, under the jurisdiction of Kirtipur 7 No, Gram panchayet, p,s.-Barasat (presently shasan), District- North 24 Parganas, west Bengat and the land measuring about s Decimals be the same or a little more or less stands in the name of Rakibur Rahaman. The aforesaid property is butted and bounded by:- On the North: Mosiur Rahaman and Others; On the South: Road; On the East: Plot No-"B"; On the West: Mofazel Hossain." Immovable Prooertv No. 2: "2) sale Deed No (saaf Bikroy Kobala)-03005 for the year 2006, registered in the office of the A.D.s.R.-Barasat, Notth 24 parganas, west Bengat, recorded in Book No-|, Volume No-700, pages from l7O to 1gO, being No-03005 for the year 2006 and the property located and situated at Mouza-chowmoha, J.L.No-176, Re.Sa.No-l10, L.R.Khatian No. 238, L.R.Dag No-l2gj, under the jurisdiction of Kirtipur 1 No, Gram Panchayet, P.s.- Barasat (presently shasan), District- North 24 Parganas, west Bengal and the land measuring about g Decimats be the same or a little more or less stands in the name of Mosiur Rahaman and Mohibur Rahaman.,, Hvpothecated Assets: "ALL THAT the Defendant present and furniture and fixtures, goods, produce, merchandise, book debts, bills, money receivables, plant and machineries, tools, equipments, implements, spare pafts, stores and alt other assets, rights at whichever they may be situated at including its ptace of business at viilage- chowmoha (under Kirtipur r No. Gram panchayet), post office- Mudiahat, porice station- Barasat (presently shasan), District- North 24 parganas, Kolkata-700128, "west Bengal, India or wherever the same might be are remaining hypothecated to United Bank of India as a security for payment of its claim.,,

The Defendants No. 1to 3 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 No. 1 to 3 are given a time of sixty days from the date of the Judgement/ Final order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entitled to recover its dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the Defendants No. 1 to 3 personally to recover the dues in accordance with law.

(5) Let the certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same against the Defendants No. 1 to 3 in favour of the applicant bank under section L9 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate,

(6) Ld. Recovery officer shall realize the amount as per the Recovery certificate from the Defendants No, 1 to 3 in accordance with law.

(7) Ld. Registrar of this Tribunal is directed 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 L9 (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. (B)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 paid by the said date. Accordingly, T.A. No. 549 of 2020 (arising out of o.A. No. 852 of 2018 filed before DRT-3, Kolkata) is allowed and stands disposed of. Copy of the Judgement/Final Order be uploaded in the Tribunal,s website. File is consigned to the Record Room. (Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the 11h day ofJune,2026) AA*^^ fL}r., ( ARBIND ) PRESIDING OFFICER DRT-II KOLKATA