PUNJAB NATIONAL BANK vs CHANDRIKA DAS AND ORS on 10 July 2026

1. Smt. Chandrika Das, Wife of Sri Sujit Kumar Das, 761A, Jib Dhar Para Road, P.O.- Kandi, District - ttlurshidabad, Pin - 742137, West Bengal; and also residential address at - "Eskedee Heights", 81A, K.P. Roy Lane, Premises No.15, P.O.- Haltu, P.S.- Kasba, Kolkata - 700078, West Bengal.

2. Sri Sujit Kumar Das, Son of Late Bhupal Chandra Das, 7614, Jib Dhar Para Road, P.O.- Kandi, District - tVurshidabad, Pin - 742137, West Bengal; and also residential address at - "Eskedee Heights", 81A, K.P. Roy Lane, Premises No.15, P.O.- Haltu, P.S.- Kasba, Kolkata -700078, West Bengal.

3. Smt. Archana Sahoo, Wife of Sri Saroj Kumar Sahoo, 415A, Purbachal Rani Road, Madhyamgram, District - North 24-Parganas, Kolkata -700130, West Bengal.

4. Mr. Mahinuddin Mondal, Son of Abdul Hamid Mondal, 143, Hind Park, Khardah, District - North 24-Parganas, Kolkata - 700118, West Bengal. Defendants Counsel for Parties: For the ApPlicant Bank For the Defendant Mr. Swastik Saha Ex-Parte FINA R GME Delivered on 10.07 .2026 Applicant (punjab National Bank) erstwhile United Bank of lndia instituted the present Application being the original Application No.683 of 2018 filed in DRT-3, Kolkata on l3.0s.2ol8againstfourDefendantsunderSectionlg(1)oftheRecoveryofDebts& Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs'29'88'946'17 (Rupees twenty nine lakh eighty eight thousand nine hundred forty six and paise E

seventeen) including interest charged upto 31 .05.2018 with further interest thereon at the prescribed rate compounded with monthly rests from 01.06.2018, till the date of payment of recovery from the defendants. 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/DRAf KOL|2O18(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 30.1 0.2019 and the same has been renumbered as T.A./319 of 2020 vide Ld. Registrar's order dated 11.06.2020.

2. United Bank of lndia has been merged / amalgamated into Punjab National Bank vide Gazette Notification dated March 04, 2020, issued by the Government of lndia published under Extraordinary Part-ll, Section 3, sub-section (i) in the Gazette of lndia in terms of Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. ln view of the merger / amalgamation of United Bank of lndia into Punjab National Bank, the applicant name in this case should 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 Tribunal, Ld. Advocate for Punjab National Bank has filed a petition being 1.A.11165 of 2021 along with put-up

1. A.11164 of 2021 dated 07.10.2021 praying for amendment of Cause Title 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 Tribunal necessary amendment in cause title has been carried out by Ld. Advocate of the applicant Bank on 08.10.2021, such has been recorded in Ld. Registrar-in-charge's orderdated 08.10.2021.

4. The brief facts of the case as set out by the applicant Bank in its OriginalApplication, as under:

(i) The defendants No.1 & 2 are the joint applicant. The Defendants No.1 & 2 had approached before the applicant Bank for grant of credit facilities for purchasing a re4sidential flat through a loan application dated 27 .11.2012. Copy of loan application letter dated 27.11.2012 is annexed and marked with Letter'A'. Upon consideration of application, applicant Bank was pleased to sanction / grant a Housing Loan facility to the overall limit of Rs.27,47,844.00 (Rupees twenty seven lakh forty seven thousand eight hundred forty four) to the defendants No.1 & 2 vide sanction letter dated 12.12.2012. Copy of sanction letter dated 12.12.2012 is annexed and marked as Annexure 'B'.

(ii) ln consideration of the aforesaid credit facility, the defendants No.1 & 2 executed and delivered the following loan documents all dated 12.12.2012 in favour of applicant Bank:

(a) Consent Clause bY borrower;

(b) DemandPromissoryNotelD.PNoteofRs'27,47,8441-;

(c) Letter of Lien;

(d) Agreement under United Housing Loan Scheme' Copy of said documents are annexed and marked with letters 'C', 'C-1','C-2' & 'C-3' ly

(iii) ln consideration of the aforesaid credit facility granted to the defendants No.1 & 2, the defendants No.3 & 4 were executed necessary Guarantee Document on dated 12.12.2012 guaranteeing the payment of principal sum together with interest, cost, charges and expenses. The said guarantee is continuing guarantee and security. Copy of said guarantee documents dated 12.12.2012 are annexed and marked with letter'D'.

(iv) To secure the aforesaid credit facility of Rs.27,47,8441- granted to the defendants No.1 & 2,the defendant No.1 created equitable mortgage in respect of immovable property, morefully described at in para s((Vll) at page 8 and para 34 at page 4 & 5 of the original application, by deposit of Title Deed with the applicant Bank, The defendant No.1, Smt. Chandrika Das has also confirmed the deposit of title deed by executing a Letter of confirmation for deposit of Title Deed on dated 23.07 .2013 in favour of applicant Bank. The property details together with copy of title deed and letter of confirmation to deposit of title deed are annexed and marked with Letter 'E', 'E-1' &'E-2' .

5. The Defendants enjoyed the said loan facility by opening Account in Bank's Madhyamgram Branch, 116, Sodepur Road, Dist.- North 24-Parganas, Kolkata -700129. 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 loan Account. lnspite of repeated requests made by applicant Bank, the defendants failed to regularize the loan Account. Since the defendants did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. Since the defendants failed and neglected to adhere to terms of the contract and repayment schedule, applicant Bank sent / issued reminder notices on dated 15.09.2015, 19. 11.2015, 07 .02.2017 & 02.05.2017 upon the defendants and reminded that if the overdue amount is not deposited within the stipulated period, the bank will take necessary action as per law; copy of said reminder notices are annexed and marked with Letters 'F', 'F-1' ,'F'2' & 'F-3' respectively. Thereafter, applicant bank issued demand notice U/s 13(2) of the Sarfaesi Act,2OO2 dated 01.07.2017 along with statement of Account upon the defendants calling upon them to pay a sum of Rs.27,87 ,4571- including interest calculated upto 30.06 .2017' copy of said demand notice dated 01.07.2017 is annexed and marked with Letter 'G'. lnspite of receipt of 13(2) notice the defendants failed and neglected to repay the outstanding dues amount; hence, no other alternative applicant Bank issued / served possession Notice dated 15.09.2017 under Rule B(1) upon the defendants and affixed the same on the outer door of the mortgaged property(s); copy of the possession notice dated 15.09.20'17 is annexed and marked with Letter'H',. The said possession notice were published in two leading daily newspapers, 'The Telegraph' in English and 'Aajkal' in Bengali both dated 1g.0g.201 7; copy of paper publication dated 19.09.2017 are annexed and marked with Letter'l'. Thereafter, the defendants duly executed the necessary security documents on dated 07.04.2018 and confirmed the balance of the loan accounts, which arc (a) Demand Promissory Note t D.P. Note of Rs.27,47,8441- and (b) Balance Confirmation, copies of said document are annexed and collectively marked with Letter 'J'' ry

lnspite of issuing demand notices and repeated reminders the defendants failed and neglected to pay the said outstanding dues; no other alternative, applicant Bank issued a demand notice on dated 08.06.2018 upon the defendants through its Ld. Advocate; but the defendants have failed and/or neglected to comply with the said demand notice; copy of demand notice dated 08.06.2018 and postal track consignment record are annexed and marked with Letter 'K'. 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 'L'), and future interest at the prescribed rate compounded with monthly rests from 01.06.2018, till the date of payment or recovery from the defendant, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The Notices / summons was sent / served to the Defendants No.1 to 4 by the Tribunal. lt is observed from the S/R on affidavit dated 01.08.2023 that the service of summons upon the defendants did not succeed. At the request of Ld. Advocate of the applicant Bank, Ld. Tribunal is directed to serve the summon upon the defendant by way of paper publication; and Ld. Advocate of applicant Bank has brought on record the affidavit of service on publication dated 19.02.2024 along with relevant portion of paper cuttings in two newspapers, namely (i)'The lndian Express'in English and (ii) 'Bartaman'in Bengali, both dated 06.12.2023, such has been recorded vide Ld. Registrar's order dated 12.03.2024. Despite service, the defendants did not appear nor filed the written statement; thus, all the defendants were ordered to be proceeded ex-parte vide order dated 02.07.2024. Ld. Advocate of the applicant Bank has submitted argument on 09.06.2026. l. Applicant Bank has filed the evidence-on-Affidavit affirmed by Ashoke Kumar Singh, Chief ftllanager of erstwhile Bank's tt/adhyamgram Branch, Dist.- North 24-Parganas, Kolkata -700129 along with the copies of original documents executed by the Defendants. Original documents have been produced by applicant Bank; the same have been verified with copies of documents annexed with O.A. and after verification the original documents have been returned to Ms. M. Chowdhury Banerjee, lManager of Bank's lVladhyamgram Branch, Dist.- North 24-Parganas on 03.11.2022, such has been recorded in Ld. Registrar's order dated 03.11.2022. The documents produced by applicant Bank are exhibited and annexed as Annexure'A'to 'L'. I have heard the Ld. Advocate for the applicant Bank and perused the records. g. 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 a Housing Loan to the overall limit of Rs.27,47,g44t- vide sanction letter dated 12.12.2012. Applicant Bank has proved the hypothecated movable assets of the defendant; described at in para 5((Vll) at page 8 and para 3A at page 4 & 5 of the original application' -*"4

9. On the point of limitation, Loan has been sanctioned on 12.12.2012; documents have been executed on 12.12.2012; original Application has been filed on 13.08.2018. Further, the defendants duly executed the necessary security documents and confirmed the balance in loan Account(s) on dated 07.04.2018 in favoru of applicant Bank. As such, the originalApplication appears to have been filed well within the period of limitation.

10. Applicant Bank has stated that the outstanding balance in Home Loan Account (inclusive of accrued interest and other charges as calculated upto 31.05.2018) for a sum of Rs.29,88,946.17 (Rupees twenty nine lakh eighty eight thousand nine hundred forty six and paise seventeen) as on 31.05.2018, which is the amount claimed by the applicant Bank in the originalApplication, and the defendants No.1 to 4 are, jointly and/or severally, liable to repay the said amount to the applicant Bank with pendente lite and future interest, till realization of entire dues. I allow the claim as made by applicant Bank in the original Application. Applicant Bank has prayed future interest at the prescribed rate compounded with monthly rests from 01.06.2018, while in Demand Promissory Note dated 12.12.2012 the rate of interest @ 10.50% per annum, has been mentioned. lt is seen that applicant Bank was pleased to sanction the said loan facility for purchasing a residential flat; therefore, in my view, the pendente lite & future rate of interest @ 10.50o/o per annum, simple, from 01 .06.2018, is allowed. 11 . The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. TheApplicant Bank has proved to claim made in the O.A. Hence, the O.A./T.A. being T.A./319 of 2020 (arising out of 0.A./683 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./31 9 of 2O2O (arising out of 0.A./683 of 2018) filed by applicant Bank, is allowed and debt is determined with cost against the Defendants No. 1 to 4. lt is hereby ordered that the Defendants No. 1 , 2, 3 & 4 are hereby directed to pay, jointly and / or severally, the total debt amount of Rs.29,88,946.17 (Rupees twenty nine lakh eighty eight thousand nine hundred forty six and paise seventeen) due and payable, inclusive of interest and other charges as calculated upto 31.05.2018; and interest for the period pendente lite and future @ 1O.SO% perannum, simple, from 01 .06.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants in the loan account or amount, if any, recovered by 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 to 4. Accordingly, the pendente lite and future interest shall be calculated on the reduced amount.

(iii) Defendants No.1 to 4 are debarred from transferring, alienating, encumbering or disposing of the mortgaged immovable property(s); described at in para S((Vll) at page 8 and para 34 at page 4 & 5 of the original application: _o

T.A./319 o'f 2020 - DRT-2/Kol ft/ortqaqed I mmovab le Property(s). "Sa/e Deed No.-04945 for the year 2013, registered in the office of the D.S.R.- //, South 24-Parganas, West Bengal, recorded in Book No.l, Volume No.10, Pages from 3261 to 3276, being No.04945 for the year 2013 and the property located and situated at Mouza-Kasba, J.L. No.13, Touzi No.145, C.S. Dag No.3620, Khatian No.489, P.S.- Kasba under Ward No.105 of Kolkata Municipal Corporation, Premises No.15, 81A, K.P. Roy Lane, Kolkata - 700078, District - South 24- Parganas and the flat measuring about 750 sq.ft. be the same or a little more orless super built-up area on the fourth floor, Flat No.4A, western side of the building namely "Eskedee Heights" along with a proportionate share of the land stands in the name of Smt. Chandrika Das." The Defendants No.1 to 4 are also debarred from transferring, alienating, encumbering or disposing any other property(s) and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants.

(iv) Defendants No.1 , 2, 3 & 4 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. ln 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 property(s), as aforesaid. Applicant Bank is also entitled to proceed against personal properties of the Defendants No.1 to 4 both moveable and immoveable and also proceed against the Defendants No.1 to 4 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.1, 2,3 & 4 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 Defendants No.1,2,3 & 4, 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 Origina! Application, being T.A./319 of 2020 (arising out of

0. A./683 o12018) 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 1Oth day of July, 2026. Copy of the Final Order / Judgment be uploaded on the Tribunal's Website / ,Y,o L-, (Arbind lVl Presiding Officer DRT-2, Kolkata {L'-'/{(: ) tb