PUNJAB NATIONAL BANK vs SRI DWIJENDRA LAL BANERJEE on 13 November 2025

1. **Sri Dwijendra Lal Banerjee**, residence at Saroj Park, Taki Road, P.O & P.S.- Barasat, Dist.- 24 Parganas (North), Pin – 700124.

..... Defendant

Counsel for parties:

For the Applicant Bank : Md. Amjad Ali

For the Defendant : *Ex-Parte***FINAL ORDER / JUDGMENT**

Delivered on 13.11.2025

Applicant (Punjab National Bank) erstwhile United Bank of India instituted the present Application being the Original Application No.634 of 2018 filed in DRT-3, Kolkata on 30.07.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of **Rs.24,26,612.45** (Rupees twenty four lacs twenty six thousand six hundred twelve and paise forty five) as on 30.06.2018 with *pendenti lite* and future interest at the contractual Rate, i.e. 17.84% per annum excluding penal interest of 2% above normal rate with monthly rests, till the actual payment or realization thereof. 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/DRAT/KOL/2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 28.10.2019 and the same has been renumbered as T.A./183 of 2020 vide Ld. Registrar's order dated 19.11.2019.

2. United Bank of India has been merged / amalgamated into Punjab National Bank vide Gazette Notification dated March 04, 2020, issued by the Government of India published under Extraordinary Part-II, Section 3, sub-section (i) in the Gazette of India in terms of Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. In view of the merger / amalgamation of United Bank of India into Punjab National Bank, the applicant name in this case should be read / inserted as Punjab National Bank instead of United Bank of India.

3. In accordance with the Notice dated 30.07.2020 of this Tribunal, Ld. Advocate for Punjab National Bank has filed a petition being I.A./484 of 2021 dated 06.04.2021 praying for amendment of Cause Title in view of amalgamation of United Bank of India with Punjab National Bank vide G.O.I. 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 12.04.2021, such has been recorded in Ld. Registrar-in-charge's order dated 12.04.2021.

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

(i) The Defendant here having transport business had applied for CGTMSE Loan facility to the applicant Bank for the purpose of developing his business vide application dated 06.05.2011; copy of said loan application dated 06.05.2011 is annexed and marked as Annexure 'A'. Upon consideration of said application, applicant Bank was pleased to sanction / grant a CGTMSE loan facility of Rs.16,00,000.00 (Rupees sixteen lakhs) to the defendant vide letter of sanction dated 27.06.2011 on certain terms & conditions mentioned therein. Copy of said letter of sanction dated 27.06.2011 is annexed and marked as Annexure "B".

(ii) In consideration of the aforesaid loan facility, the defendant executed and delivered the following loan documents in favour of applicant Bank:

- (a) Hypothecation of Transport Equipment dated 29.06.2011;

- (b) Hypothecation of Debts & Moveable Assets dated 29.06.2011;

- (c) Letter of Lien dated 29.06.2011;

- (d) Demand Promissory Note dated 02.01.2016;

- (e) Text of Consent Clause;

- (f) Documents related with hypothecated vehicles.

Copy of said documents are annexed and marked as Annexure "C" collectively.

5. The Defendant availed and enjoyed the said credit facility by opening Account in erstwhile Bank's Hridaypur Station Road Branch, P.O.- Hridaypur, Dist.- 24-Parganas (North), Pin – 743204. However, the defendant failed and neglected to abide by the terms and conditions of the facility. The Defendant did not repay the outstanding Bank's dues and overdue interests in loan Account. Inspite of repeated requests and personal contact made by applicant Bank, the defendant failed to regularize the loan Account.

Applicant Bank compelled to issue demand notice dated 10.07.2018 upon the defendant.

demanding payment of outstanding Bank's dues, but the defendant did not comply with the said notice; copy of said demand notice dated 10.07.2018 is annexed and marked as Annexure 'D'. 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 'E'), and future interest at the contractual rate, i.e. @ 17.84% per annum with monthly rests. till the actual payment or realization thereof, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The notice / summons was sent to the Defendant by the Tribunal; service of Notice / summons by postal service has been successfully effected upon the Defendant, such has been recorded vide Ld. Register's order dated 30.11.2023. 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 10.06.2024. Applicant Bank has filed the written notes of argument on dated 21.03.2025 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 16.09.2025.

7. Applicant Bank has filed the Affidavit of evidence, affirmed by Susanta Kumar Dash, Branch Manager at the Bank's Hridaypur Station Road Branch, P.O.- Hridaypur, Dist.- North 24-Pargannas, Pin – 743204 along with the copies of original documents executed by Defendant. Original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with O.A. and after verification the original documents have been returned to Sri Santanu Chowdhury, Manager of Bank's Bank's Hridaypur Station Road Branch, P.O.- Hridaypur, Dist.- North 24-Pargannas on 22.06.2022, such has been recorded vide Ld. Registrar's order dated 22.06.2022. The documents produced by applicant Bank are exhibited and annexed as Exhibits A-I to A-X.

I have heard the Ld. Advocate of the the applicant Bank and perused the records.

8. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, unrebuted and its veracity cannot be put to dispute. Applicant Bank has corroborated the averments made in the T.A./O.A. Applicant Bank has proved the sanction of CGTMSE / cash credit facility for a sum of Rs.16.00 lakhs vide letter of sanction dated 27.06.2011. Applicant Bank has proved the hypothecated movable asset – vehicle; morefully described in Schedule at page 14 and para 3A at page 8 of the original application.

9. On the point of limitation, Loan has been sanctioned on 27.06.2011; loan documents have been executed by defendant on 29.06.2011 and Original Application has been filed on 30.07.2018. It is seen that the defendant executed and delivered the Demand Promissory Note dated 02.01.2016 in favour of applicant Bank. As such, the original Application appears to have been filed well within the period of limitation.

10. Applicant Bank has stated that the outstanding balance in Loan Account (inclusive of accrued Interest and other charges as calculated upto 30.06.2018) for a sum of **Rs.24,26,612.45** (Rupees twenty four lacs twenty six thousand six hundred twelve and paise forty five) as on 30.06.2018, which is the amount claimed by applicant Bank in the original Application, and the defendant is liable to repay the said amount to the applicant Bank with *pendente lite* and future interest, till realization in full. I allow the claim as made by the applicant Bank in the original Application. Applicant Bank has prayed future interest at the contractual rate, i.e. @ 17.84% per annum excluding penal interest of 2% above normal rate with monthly rests, till the actual payment or realization thereof; while in Demand Promissory Note dated 02.01.2016 the rate of interest is BR + @ 3.00% per annum with monthly rests, has been mentioned. Therefore, in my view, the *pendente lite* & future rate of interest @ 13% per annum, with quarterly rests, from 01.07.2018, is allowed.

11. The matter 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.A./183 of 2020 (arising out of OA/634 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A/183 of 2020 (arising out of OA/634 of 2018) filed by the applicant Bank, is allowed and debt is determined with cost against the Defendant. It is hereby ordered that the Defendant is hereby directed to pay, the total debt amount of **Rs.24,26,612.45** (Rupees twenty four lacs twenty six thousand six hundred twelve and paise forty five) due and payable, inclusive of interest and other charges as calculated upto 30.06.2018; and interest for the period *pendente lite* and future @ 13% per annum, with quarterly rests, from 01.07.2018, 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 while arriving at the exact amount of dues/debt payable by the Defendant. Accordingly, the *pendente lite* and future interest shall be calculated on the reduced amount.

(iii) Defendant is debarred from transferring, alienating, encumbering or disposing of the hypothecated movable asset – vehicle; described in Schedule at page 14 and para 3A at page 8 of the original application, as under –

Hypothecated Moveable Asset:

"Registration No : WB 25E 0820 Manufacturer : Tata Motor Engine No : 697TC68844105008 Fuel : Diesel Chasis No : AT45202781805315 Type of Vehicle : Truck."

(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 him. In 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 sole 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 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 sole 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 Original Application, being T.A./183 of 2020 (arising out of O.A./634 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 13^th day of November, 2025.

Copy of the Final Order / Judgment be uploaded in the Tribunal's Website.

(Arbind Madhav) [3.11.25] Presiding Officer DRT-2, Kolkata

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