PUNJAB NATIONAL BANK vs M/S SUNDERBAN ECO SCEINIC TOURISM PVT LTD on 5 March 2026

1. BEFORE THE DEBTS RECOVENY TRIBUNAL-III KOLKATA PRESENT:- SRI ARAIND MADHAV PRESIDTNG OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF DRT-III KOL(ATA T.A. NO. '.563 ()F 2015. DATE OF DELMRY OF ORDER I 0510312026 Punjab l{ational Bank is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Plot No.-4, Sector-10, Dwarka, New Delhi-110075, and its office at Sastra Division, Kolkata East, at Unated Tower, lOth Floor, at 11 Hemanta Basu Sarani, Police Station- Hare Street, Kolkata-700001and carryinq on its business inter atia at 43, Rash Behari Avenue, P.S. Tollygunge, Kotkata-700026, commonly known as S.S.I. Branch Kolkata, within the jurisdiction of this Ld. Tribunal. App rcant Bank. Defendants. Counsel for the Applicant Bankj - Nld. Nasiruddtn, Ld. Counsel Set ex-parte on 20/02/2026 JU DG E 14 ENT -Versus- M/s. Sunderban Eco-Scenic Tourism Pvt. Ltd., a registered private Limited Company, registered under the Companies Act 1956, havlng its registered office at 64ltlt4, Belgachia Road, P.S.- Belgachia, Kolkata-700037, District- North 24 parganas and having its site office at Village Kashiabad, p.O.- !tundapara, Kashiabad, p.S. Kakdwip, Dastrict- 24 Parganas (South), ptN-743347. Amrita Samanta, Daughter of Tridib Ranjan Das, one of the Directors of I4/s. Sunderban, Guarantor of M/s. M/s. Sunderban Eco-scenic Tourism ovt. Ltd.64/tlt4, Belgachia Road, P.S,- Belgachia, Kotkata-700037, District- North 24 parganas and also at Village Kashiabad, P.O.- Mundapara, Kashiabad, p.S, Kakdwip, Djstrict- 24 Parganas (South), PIN-743347. Prabhat Kumar Samanta, Son of Late Sridhar Chandra Samanta, one of the Directors of M/s. Sunderban Eco-Scenac Tourism pvt. Ltd. & Guarantor of 64/!/!4, gelgaciia Road, P.S.- Belgachia, Kotkata-700037, District- North 24 parganas and also at Village K€shiabad, P.O.- Mundapara, Kashiabad, p.S. Kakdwip, Diitrict_ 24 earganas South, PIN-743347.

1. The Applicant Bank fited the present TA being No. INL563/2OLS on 1406/2009 (arising out of o.A. No, 371 of 2oog filed before DRT_2, Kolkata) for recovery of a total sum of Rs. Z.-1,57,74,7271- (Rupees one crore fifty seven lakh seventy four thousand seven hundred and ,( ' I twenty seven only) from the Defendants towards Term Loan together with rnterest, cost and other usual reliefs.

2. The Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 20/0212026, and heard ex-parte accordingly.

3. The Applicant Bank examined 29 documents through sri Anil Ram Chandra Gaidhani, Chief IYanager marked as Exhibit Annexure-A to Exhibit Annexure-Q & Q-1. i. Annexure A- Process Note of the Applicant/ Bank for sanction of loan dated

24. O4.2006. ii. Annexure B- Letter of sanction dated 02.05.2006 for the term loan.

iii. Annexure B-1- Letter of sanction dated 21.03.2007.

iv. Annexure B-2- Board Resolution held on 05.0S.2006. v. Annexure B-3- Board Resolution held on 26.07.2006,

vi. Annexure C- Agreement of Term Loan being known as LOAN DOC-5 dated 25.04.2006.

vii. Annexure D- Vouchers dated 20,05.2006. vjii. Annexure D-1- Letter of request of the Borrower dated 08.05.2006.

ix. Annexure D-2- Vouchers dated 20.09.2006 for Rs. 21,9B,OOO/_. x. Annexure D-3- Voucher dated 20.09.2006 for Rs. 74,44,00O/-.

xi. Annexure E- Common Agreement dated 25.04.2006.

xii. Annexure F- Agreement of Guarantee of Amrita Samanta dated 25.04.2006. xiii Annexure F'1- Agreement of Guarantee of prabhat Kumar samanta dated 25.04.2006

xiv. Annexure G- Deed of l4ortgage dated 14.09.2006.

xv. Annexure G-1- Deed of Conveyance dated 24.02.2006.

xvi. Annexure G_2_ Affidavit of Amrita Samanta Notarized on 10.04.2006.

xvii. Annexure H- Agreement of Term Loan against immovable property known as LOAN DOC_6 dated 2\.o3.2007. xviii Annexure I- common Agreement known as L.AN Doc-38 dated 21.03.2007.

xix. Annexure J_ Deed of conveyance dated 29.08.2006.

xx. Annexure J-1_ t4emorandum of deposit ofTi e Deed dated 22.03.2007.

xxi. Annexure J_2, Board Resolution held on OB.03.2OO7. xxii Annexure K- Agreement of guarantee executed by Amrita Samanta dated 21.03.2007 . xxiir. Annexure L- Agreement of guarantee executed by prabhat Kumar samanta dated 21.03.2007 .

xxiv. Annexure L-1_ Vouchers dated 21.03.2OO7_

xxv. Annexure M_ Visit report dated 23.01.2OOB. xxvi Annexure N- Letter of pratyus K. Kumar samanta without Annexure dated 05.08.2008. xxvri. Annexure O_ Show Cause Notice jssued by the Bank dated 29.08.200g.

xxviii. Annexure p_ Show Cause Notice issued by the Bank dated 12.09.2008. xxrx. Annexure e & e-1_ Original Statement of Accounts.

4. Heard the Ld. Counsel for the Applicant Bank. ('

7.

6. Whether the Applicant Bank is enuued to the claim made in the OA against the Defendants and OA schedule properties as prayed for? As stated supra, the Defendant 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-e & e-1 marked on behalf of the Appricant Bank, established the craim of the Applicant Bank against the Defendants and oA schedule properties. Hence, I hold that the Defendants are jointly and severalty tiable to pay to the Applicant Bank the claims made in the OA with future interest and costs. In the resurt, the present originar Apprication is alowed ex-parte with costs. as under:-

(6) Ld. Recovery Officer shall realize the amount as OROER

(1) T,A. No. 1563 0f 2015 fired by the Appricant Bank is alowed and debt is determined wirh cost against the defendants. lt ts hereby ordered that applicant bank as enti ed to recover from the defendants the total amount to the tune of p{,, 1,57,74,727/_ (Rupees one crore fifty seven lakh seventy four thousand seven hundred and twenty seven only) with pendentelite and future interest @ 13olo per annum interest with sample on the amount due from the date of firing of the originar Apprication i.e 17/06/2009 tilr fu and finar realizafion of the claim amount.

(2) Amount, if any, paid by the defendants in the roan 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, pendentelite and future interest sha be calculated on the reduced amount.

(3) Defendants are debarred from dl beronsine to rhem tir,,n" "r".""",:"r:'::n;,#:".il::l;i;':i"TJ,"l:::,:-*-"'

(4) Defendants are given a Ume of tt repaying of the above menfloned lirty days from the date of the Judgement/Final order for to pay the dues w th n ,n" "0o," ffi;'lo :,[::T"t:rffJ", ;;:i: ']::::::i:::i:l its dues by sale of secured assets, if any. Applicant bank is also entiUed to proceed against personal proper es of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

(s) Let the Certificate of Recovery be drawn up by Ld, Registrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Reco\ same for issuance of tt" c".ttrt"t"l A Debts and Bankruptcy Act, 1993 and put up the /l-d"ftnaunt." 'n accordance with law. per the Recovery Certificate from the

(7) Ld Registrar of this Tribunar is directed to deriver recovery certificate in term of the finar order/iudgement for recovery of the sum against the defendant in favour of the Applicant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Financiar Instatutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are dtrected to appear before the Recovery Olficer on 06/04/2026 for further action in accordance with law in the event the entire amount is not pad by the said date. Accordingry, T.A. No, 1563 0f 2015 (arisrng out of o.A. No. 371 0f 2oo9 fired before DRT-2, Kolkata) is allowed and stands disposed of. Copy of the JudgemenvFinal Order be uploaded an the Tribunal,s website. File is consigned to the Record Room. (Oictated fo steno, transcribed by her, corrected, ,gned and pronounced by me in the open court on the 5rh day of March, 2026) l-\ ( SRI ARBIND Mnoxav I PRESIDING OFFICER Or ONr-II <Or*O'O ADDITIONAL CHARGE OF DRT-III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet ( Contin uation ) Case No. TA No, 1553 of 2015 National Bank Tourism Pvt, Ltd. & Ors. Order N0.22 Dt.05 /03 / 2026 Order pronounced (vide separate sheets). In the regult, T.A. No. 1553 of 201.5 (arising out of O.A. No. 371 of 2009 filed before DRT-2, Kolkata) is a owed lvith costs. lssue Recovery Certificate accordingly. L. Date of Order Order with signature s5 ( Arbrnd Madhav ) Presiding Officer DRT-2, Kotkata Additional Charge of DRT-3, Kotkata