Punjab National Bank vs SHUKUR ALI on 7 September 2026

1. Shukur Ali, son of Abu Bakkar, residing at Vill.- Jt/ludia, P.O.- Mudia Hat, P.S.- Shasan, Dist.- North 24-Parganas, Pin - 700128, and carrying on business under the name and style of M/s ShukurVeg. Store, i.e. at the same address at Vill.- Mudia, P.O.- Mudia Hat, P.S.- Shasan, Dist.- North 24-Parganas, Pin -700128. Defendant Counselfor parties: For the Applicant Bank For the Defendant IiIr. Rathin Dey Ex-Parte FINAL ORD / JUDGMENT Delivered on 07.09.2026 Applicant (Punjab National Bank) erstwhile United Bank of lndia instituted the presentApplication being the Original Application No.105 of 2018 filed in DRT-3, Kolkata on 12.02.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.10,66,889'42 (Rupees ten lakh sixty six thousand eight hundred eighty nine and paise forty two) inclusive of interest calculated as on 20.01.2018 and further interest at the prescribed rate per annum with monthly rests, till realization in full. Subsequently, the irlstant case has been transferred 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 17 .10.2019 and the same has been renumbered asT.A.t62 of 2019 vide Ld. Registrar's order dated 26'10'2019' -6'

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2. United Bank of lndia has been merged / amalgamated into Punjab National Bank vide Gazette Notification dated l/arch 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 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 of Punjab National Bank has been filed an l.A. being l.A./198 of 2022 along with put-up l.A./199 of 2022 dated 14.02.2022 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 16.02.2022, such has been recorded in Ld. Registrar's order dated 16.02.2022.

4. The brief facts of the case as set out by the Applicant Bank in its Original Application, as under:

(i) That the Defendant approached and applied the applicant Bank for cash credit loan facility for working capital requirement. Upon consideration of Loan Application, Applicant Bank was pleased to grant / sanction a cash credit limit of Rs.10,00,000/- (Rupees ten lakh) in favour of the defendant vide sanction letter dated 23.06.2016; copy of sanction letter dated 23.06.2016 is annexed and marked as Annexure'A'. At the relevant point of time the rate of interest was @ 11.75% per annum with monthly rests. The primary security of the said cash credit facility was the hypothecation of entire stock-in-trade, comprising raw materials, work-in-process, finished goods and book debts.

(ii) ln consideration of the said sanction of cash credit limit of Rs.10.00 lakh, the defendant duly executed the following security documents all dated 23.06.2016 in favour of applicant Bank, as under:- (a) Demand Promissory Note for Rs.10,00,000/-; (b) Letter of ContinuitY;

(c) Hypothecation Agreement;

(d) Letter of Guarantee executed by defendant' COpy Of Said dOcuments are annexed and marked as Annexure 'B', 'C', 'D' & 'E''

5. The Defendant enjoyed the said cash credit facility by opening Account in erstwhile Bank's Birati Branch, 88, Sarat Bose Road, P.O.- Rajbari, P.S.- Airport, Dist'- North 24- parganas, Kolkata - 700081. However, the defendant failed and neglected to abide by the terms and conditions of the facility. The Defendant did not repay the outstanding loan amount and overdue interests in loan Account. lnspite of repeated requests made by applicant Bank, the defendant failed to regularize the Accou;tt' since the defendant did not pay any attention to regularize the Account, the Account became out of order and was crassified as N.p.A. on 30.0g.2017. Thereafter, appricant Bank issued demand notice

T.A.162 of 2019 - DRT-2/Kol dated 09.10.2017 through its Advocate upon the defendant demanding payment of outstanding loan amount, but the defendant did not comply the said notice; copy of said demand notices dated 09.10.2017 is annexed and marked with Annexure 'F'. 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 'G'), and future interest at the prescribed rate per annum with monthly rests, till realization in full, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation. The defendant has furnished the details of security / other property in 3(A) format, the same is annexed and marked with Annexure 'H' & 'l' at page 45 & 46 of the original application.

6. The Notice / summons was sent to the sole Defendant by the Tribunal. lt is observed from S/R on affidavit dated 09.01 .2023 and its enclosure that service of Notice upon the Defendant by postal service / hand delivery is not successful, such has been recorded vide Ld. Registrar's order dated 24.01.2023. At the request of Ld. Advocate of the applicant Bank, Ld. Tribunal is directed to carry-out substituted service upon the defendant; and Ld. Advocate for applicant Bank has brought on record the affidavit of service on publication dated 26.02.2026 upon the Defendant along with relevant portion of paper cuttings in two newspapers, namely (l)'The Busrness Standard'in English and

(li) 'Aarthik Lipi' in Bengali, both dated 24.02.2026, such has been recorded vide Ld. Registrar-in-Charge's order dated 26.02.2026. 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 13.11.2024. Ld. Advocate of the applicant Bank has filed the written notes of argument on 10.09.2025 thereby stated the brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant Bank has submitted argument on dated 10.09.2025.

7. Applicant Bank has filed the evidence-on-affidavit affirmed by Sri Manoj Kumar Biswas, Branch [Vanager of erstwhile Bank's Birati Branch, 88, Sarat Bose Road, P.O.- Rajbari, P.S.- Airport, Kolkata - 700081 but could not file the original documents. However, applicant Bank has filed a petition being l.A./1738 of 2024 to lead the secondary evidence. The said l.A. was allowed vide order dated 06.02.2025 as all the original documents have been seized by police authority. ln compliance of order dated 06.02.2025, Ld. Advocate of the applicant Bank has filed the secondary evidence thereby enclosed the true certified copies of documents. The true certified copies of documents produced by applicant Bank are exhibited and annexed as Exhibits 'A-1' to 'A-5'. I have heard the Ld. Advocate for the applicant Bank and perused the records' a

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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 cash credit facility to the limit of Rs.10.00 lakh vide sanction letter dated 23.06.2016. Applicant Bank has proved the hypothecated movable assets, described in Schedule at page 46 and para 34 at page 5 & 6 of the original application.

9. On the point of limitation, Loan has been sanctioned on 23.06.2016; documents have been executed on23.06.2016; originalApplication has been filed on 12.02.2018. As such, the originalApplication appears to have been filed wellwithin the period of limitation.

10. Applicant Bank stated that the outstanding balance in cash credit Account (inclusive of accrued interest and other charges as calculated upto 20.01.2018) for a sum of Rs.10,66,889.42 (Rupees ten lakh sixty six thousand eight hundred eighty nine and paise forty two) as on 20.01.2018, which is the amount claimed by applicant Bank in the original Application, and the sole defendant is 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 the applicant Bank in the originalApplication. Applicant Bank has prayed future interest at the prescribed rate per annum, with monthly rests, till realization, while in Demand Promissory Note dated 23.06.2016 the rate of interest @ 9.45o/o per annum with monthly rest, has been mentioned. Therefore, the pendente lite & future rate of interest @ 9.45o/o per annum, with quarterly rests, from 21 .01 .2018, is allowed.

11. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved to claim made in the O.A. Hence, the O.A./T.A. being T.A.t62 of 2019 (arising out of O.A./105 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./62 of 2019 (arising out of O.A./105 of 2018), filed by applicant Bank, is allowed and debt is determined with cost against the Defendant. lt is hereby ordered that the Defendant is hereby directed to pay the total debt amount of Rs.10,66,889.42 (Rupees ten lakh sixty six thousand eight hundred eighty nine and paise forty two) due and payable, inclusive of interest and other charges as calculated upto 20.01 .2018; and interest for the period pendente lite and future rate @ 9.45o/o per annum, with quarterly rests, from 21.01.2018, 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 applicant Bank after filing of the Original Application, the same may be taken into account whire arriving at the exact amount of dues/debt payable by the Defendant. Accordingly, the pendente tite and future interest shall be calculated on the reduced ,,qmount.

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(iii) The defendant is debarred from transferring, alienating, encumbering or disposing of the hypothecated movable assets, described in Schedule at page 46 and para 34 at page 5 & 6 of the original application: hecated N/ovable "Hypothecation on entire stock-in-trade comprising raw materials, work-in-process, finished goods, book debts, furniture and fixtures including machineries." The Defendant is also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to him tillthe 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 them. ln 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 immoveable and also proceed against the 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 sole 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 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 Origina! Application, being T.A.162 of 2019 (arising out of O.A./105 of 2018) is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 07th day of September,2026. Copy of the Final Order / Judgment be uploaded in the Tribunal's Website. Atl>^&l f.t (Arbin l/ladhav) Presidi'rg Officer DRT-2, Kolkata tb