Punjab National Bank vs MR GAURI DAS on 17 November 2025

Page No.**KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2****ORDER SHEET**

(Continuation)

Punjab National Bank (erstwhile United Bank of India)

T.A./300 of 2019

Case No. \_\_\_\_\_

Vs Mrs. Gouri Das & Anr.

<table border="1"> <thead> <tr> <th data-bbox="103 226 181 298">Date of Order</th> <th data-bbox="181 226 781 298">Order with Signature</th> <th data-bbox="781 226 919 298">Office action with date and dated Signature of parties when necessary</th> </tr> </thead> <tbody> <tr> <td data-bbox="103 298 181 945"> 17<br/> 17.11.2025 </td> <td data-bbox="181 298 781 945"> <p>Counsel for the parties:</p> <p>Ms. Paromita Banerjee, Ld. Advocate representing Md.</p> <p>Amjad Ali, Ld. Counsel for the applicant Bank.</p> <p>None for the defendants.</p> <p>T.A./300 of 2019 (arising out of O.A./310 of 2018) is allowed and disposed of.</p> <p>Final order / Judgment is in separate sheet of 6 pages.</p> <p>File be consigned to record room.</p> <p>Order be uploaded on the Tribunal's website.</p> <div style="text-align: right;"> <br/> (Arbind Madhav)<br/> Presiding Officer<br/> DRT-2, Kolkata </div> </td> <td data-bbox="781 298 919 945"></td> </tr> </tbody> </table>

1

T.A./300 of 2019 – DRT-2/Kol

**DEBTS RECOVERY TRIBUNAL - 2, KOLKATA**

Jeevan Sudha Bldg. 07^th Floor, 42/C, J.L. Nehru Road, Kolkata – 700071

Before Shri Arbind Madhav, Presiding Officer **T.A. No.300 of 2019**

(arising out of O.A./310 of 2018)

**In the matter of** -

**Punjab National Bank** (erstwhile United Bank of India), a body corporate constituted under Banking Companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Head Office at Plot No.4, Sector-10, Dwarka, New Delhi – 110075, and carrying on Banking business, *inter-alia*, through its Barrackpore Bar Court Branch, 49, Bajaj Mahal Sardar Bazar, Dist.- North 24-Parganas, Pin – 700120, West Bengal.

..... Applicant Bank

-Versus-

- 1. **Mrs. Gouri Das**, wife of Mr. Basant Lal Das, residing at College Pally (near Morning Star College), P.O.- Sweli, Telinipara, Dist.- 24-Parganas (North), Pin – 700121.

- 2. **M/s Shree Knit Wear**; under the proprietorship of Mrs. Gouri Das, having its business place at College Pally (near Morning Star College), P.O.- Sweli, Telinipara, Dist.- 24-Parganas (North), Pin – 700121.

..... Defendants

Counsel for parties:

For the Applicant Bank : Md. Amjad Ali

For the Defendants : Ex-parte.

**FINAL ORDER / JUDGMENT**

Delivered on 17.11.2025

Applicant (Punjab National Bank) erstwhile United Bank of India instituted the present Application being the Original Application No.310 of 2018 filed in DRT-3, Kolkata on 27.04.2018 against two Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of **Rs.11,35,369.27** (Rupees eleven lacs thirty five thousand three hundred sixty nine and paise twenty seven) including interest calculated upto 31.03.2018 together with further interest at the contractual rate, i.e. 12.75% per annum excluding penal interest of 2% above normal rate with monthly rate, till its full realization. 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 21.10.2019 and the same has been renumbered as T.A./300 of 2019 vide Ld. Registrar's order dated 29.10.2019.

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./400 of 2021 dated 23.03.2021 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 No.1, Ms. Gouri Das being the proprietress of M/s Shree Knit Wear approached and applied to the applicant Bank for CGTMSE and for Overdraft facilities vide loan applications dated 06.07.2012 and 04.03.2013; copy of said loan applications dated 06.07.2012 & 04.03.2013 are annexed and marked as Annexure 'A'. Upon consideration of loan applications, applicant Bank was pleased to grant / sanction CGTMSE facility of Rs.3,05,000/- (Rupees three lacs five thousand) vide letter of sanction dated 24.07.2012 and Overdraft facility of Rs.8,00,000/- (Rupees eight lacs) vide letter of sanction dated 18.03.2013 in favour of the defendants on certain terms and conditions mentioned therein accepted by the defendant by putting her signature as the borrower. Copies of letters of sanction dated 24.07.2012 & 18.03.2013 are annexed and collectively marked as Annexure 'B'.

(ii) In consideration of the aforesaid sanction of CGTMSE and Overdraft facilities, the defendants executed the following security documents in favour of applicant Bank, as under:-

- (a) Agreement of Hypothecation debts & movable assets (Additional security) dated 24.07.2012 & 19.03.2013;

- (b) Agreement of Hypothecation of Transport equipment dated 25.07.2012;

- (c) Agreement of Hypothecation Goods dated 19.03.2013;

- (d) Agreement under Mortgage of OD Scheme dated 19.03.2013;

- (e) Letter of Lien dated 25.07.2012 & 19.03.2013;

- (f) Letter of Continuity dated 19.03.2013;

- (g) Demand Promissory Note dated 25.07.2012 & 19.03.2013;

- (h) Text of Consent Clause;

- (i) Documents related with hypothecated vehicles.

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

(iii) In consideration of the aforesaid sanction of CGTMSE and Overdraft facilities, the defendant No.1 vide her letter dated 04.08.2015 requested the applicant bank to adjust the amount from the OD mortgage to CGTMSE loan account and promise to pay the entire dues. Copy of said letter dated 04.08.2015 is annexed and marked as Annexure 'D'.

(iv) As a security against the said loan facilities granted to the said defendant No.1 by the applicant bank, the defendant No.1 created equitable mortgage in respect of her immovable property through letter dated 19.03.2013, described in Schedule at page 17 and para 3A at page 8 & 9 of the original application, by deposit of Title Deed being No.276 of 2013 under the jurisdiction of A.D.S.R.O. Barrackpore, Dist.- 24-Parganas (North), with the applicant bank. Copies of said letter dated 19.03.2013 and Title Deed being No.276 of 2013 are annexed and collectively marked as Annexure 'E'.

5. The Defendants enjoyed the said credit facilities by opening Account(s) in Bank's Barrackpore Bar Court Branch, 49, Bajaj Mahal Sardar Bazar, Dist.- North 24-Parganas, Pin – 700120. 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 Accounts. Inspite of repeated requests made by applicant Bank, the defendant failed to regularize the loan Accounts. Since the defendant did not pay any attention to regularize the Accounts, the Accounts became out of order and were classified as N.P.A. Since the defendants failed and neglected to repay the outstanding Bank's due, the applicant Bank compelled to issue demand notice dated 01.04.2018 upon the defendants calling upon them to regularize their Accounts as soon as possible, but the defendants failed and neglected to repay the Bank's dues and regularize the loan Accounts, copy of said demand notice dated 01.04.2018 is annexed and marked as Annexure 'F'. Certified copies of Statement of Accounts 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 contractual rate, i.e. 12.75% per annum excluding penal interest of 2% above normal rate with monthly rate on the debt of Rs.11,35,369.27 with effect from 01.04.2018, till the actual payment or realization thereof, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The Notices / summons were sent to the Defendants No.1 & 2 by the Tribunal. It is seen from the affidavit of service dated 05.07.2019 and 19.02.2024 that service of Notices / summons upon the Defendants by postal service have been successfully effected, such has been recorded vide Ld. Registrar's order dated 05.07.2019 and 19.02.2024. Despite service, the defendants did not appear nor filed the written statement; thus, both the defendants were ordered to be proceeded *ex-parte* vide order dated 13.11.2024. Applicant Bank has filed the written notes of arguments on dated 20.03.2025 thereby stated the brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant Bank has submitted arguments on 15.09.2025.

7. Applicant Bank has filed the evidence-on-affidavit affirmed by Mr. Lal Chand Mahto Branch Manager of erstwhile Bank's Barrackpore Bar Court Branch, 49, Bajaj Mahal Sardar Bazar, Dist.- North 24-Parganas, Pin – 700120 along with copies of original documents executed by the Defendants. 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 Atul Gupta, Manager of Bank's Bar Court Branch, 49, Bajaj Mahal Sardar Bazar, Dist.- North 24-Parganas on 05.07.2019, such has been recorded in Ld. Registrar, DRT-3's order dated 05.07.2019. The documents produced by the Applicant Bank are exhibited and annexed as Exhibit I to XVI.

I have heard the Ld. Advocate of 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 O.A. Applicant Bank has proved the sanction of CGTMSE facility of Rs.3,05,000/- through letter of sanction dated 24.07.2012 and Overdraft facility of Rs.8.00 lacs through letter of sanction dated 18.03.2013. Applicant Bank has proved the mortgaged immovable property and hypothecated movable assets, described in Schedule at page 17 and para 3A at page 8 & 9 of the original application.

9. On the point of limitation, Loan has been sanctioned on 24.07.2012 & 18.03.2013; documents have been executed on 25.07.2012 & 19.03.2013; original Application has been filed on 27.04.2018. Further, the defendant No.1 created equitable mortgage in respect of immovable property through letter dated 19.03.2013 by deposit of title deed(s) with applicant bank. Hence, on the basis of mortgage created on 19.03.2013, the claim / original application is filed well within the period of limitation as prescribed u/s 24 of RDB Act, 1993 (as amended from time to time).

10. Applicant Bank stated that the outstanding balance in loan Accounts (inclusive of accrued interest and other charges as calculated upto 31.03.2018) is **Rs.11,35,369.27** (Rupees eleven lacs thirty five thousand three hundred sixty nine and paise twenty seven) as on 31.03.2018, which is the amount claimed by applicant Bank in the original Application, and the defendants No.1 & 2 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 the applicant Bank in the original Application. Applicant Bank has prayed future interest at the contractual rate, i.e. 12.75% per annum excluding penal interest of 2% above normal rate with monthly rests from 01.04.2018 till the actual payment or realization thereof, while in letters of sanction dated 24.07.2012 & 18.03.2013 the rate of interest @ 13.45% per annum and 11.75% per annum respectively, have been mentioned; Therefore, in my view, the *pendente lite* & future rate of interest which has been claimed by applicant bank in the original application, i.e. @ 12.75% per annum, with quarterly rests, from 01.04.2018, is allowed.

11. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved to claim made in the O.A. Hence, the O.A./T.A. being T.A./300 of 2019 (arising out of O.A./310 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./300 of 2019 (arising out of O.A./310 of 2018), filed by applicant Bank, is allowed and debt is determined with cost against the Defendants No.1 & 2. It is hereby ordered that the Defendants No.1 & 2 are hereby directed to pay, jointly and / or severally the total debt amount of **Rs.11,35,369.27** (Rupees eleven lacs thirty five thousand three hundred sixty nine and paise twenty seven) due and payable, inclusive of interest and other charges as calculated upto 31.03.2018; and interest for the period *pendente lite* and future rate @ 12.75% per annum, with quarterly rests, from 01.04.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants in the loan accounts 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. Accordingly, the *pendente lite* and future interest shall be calculated on the reduced amount.

(iii) The defendants No.1 & 2 are debarred from transferring, alienating, encumbering or disposing of the mortgaged immovable property and hypothecated movable assets; morefully described in Schedule at page 17 and para 3A at page 8 & 9 of the original application, as under –

Mortgaged Immovable Property(s):

*"That piece and parcel of land with structure containing an area of 7 cottah 11 chittak 15 sq.ft. more or less and comprised in R.S. Dag No.834, Khatian No.323, Mouza – Surajpur, J.L. No.14, P.S.- Titagarh, Sweli Gram Panchayet, District – 24- Parganas (North), standing in the name of defendant No.1, Mrs. Gouri Das."*

Hypothecated Movable Assets:

*"Registration No. WB 23C 5663, Engine No. 275IDI06GXYS8909, Fuel – Diesel, Chasis No. MAT445056CZG60809, Seat Capacity – 2, Model – Tata Ace HT BS III."*

The Defendants No.1 & 2 are also debarred from transferring, alienating, encumbering or disposing of any other property(s) either movable or immovable and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants.

(iv) The defendants No.1 & 2 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. 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 properties, as aforesaid. Applicant Bank is also entitled to proceed against personal propert(s) of the Defendants No.1 & 2

both moveable and immoveable and also proceed against the Defendant No.1 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 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 Defendants No.1 & 2, 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./300 of 2019 (arising out of O.A./310 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 17^th day of November, 2025.

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

(Arbind Madhav) Presiding Officer DRT-2, Kolkata

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