Debts Recovery Tribunals and Appellate Tribunals

PUNJAB NATIONAL BANK vs ABDUL KARIM MOLLA on 17 April 2026

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BEFORE THE DEBTS RECOVERY TRTBUNAL-III XOLKATA

PRESENTT- SRI ARBIND MADHAV

PRESIDING OFFICER OF DRT-II KOLKATA

ADDITIOT{AL CHARGE OF DRT.III KOLXATA

T.A. O. 955 0F 2015.

DATE OF DELIVERY OF ORDER: t7lo4l2o26

Punjab National Bank is a body corporate constituted under the Banking gompanies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at Plot No.-4, Sector-10, Dwarka, New Dethi-1id075, and carrying;n Banking "r_r:]l-*.- l"a:i atia at J-3J7, pEharpur Road, p.S.- Gardenreach, iotiaia_tOOOZi, known as cardenreach Branch, under police Station_ Garden;each, within the jurisdidion of this Ld. Trtbunat,

-Versus-

1. Abdul Karim Molla, proprietor of t4ls. Sandhya Garments, U_135/A, Akra Road, p.S.- Gardenreach, Kotkata-7OOot R

Counsel for the Applicant Bank: _

Applicant Bank.

Defendant.

Suman Mandal, Ld. Counsel

Set ex-parte on

07/04/2026

1.

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JUDGEMENT

The Appllcant Bank filed the present TA betng No. TAl95Sl201S on 2A/O6i2O1O (arising out of O.A, No. 735 of 2O1O flled befor 22,77,as4/ - (Rupees twenty *" ,".."n "J#:[':'.:Hrurff "::j :"J lI"; four only) from the Defendants towards Term Loan and Cash Credlt together wlth interest, cost and other usual relleB. The Defendants a.e served wlth sum representation rrom the derendants, ;::JT":*::T:"fl jll T.ljjj; ll,i,lffi # and heard ex-pa.te accordingly. The Applicant Bank examtned lO dr marked as Exhlbrt Annexure-A t" .rrffiT::,:I:sh srl vivek chandra saha, Manaser Heard the Ld. Counsel for the Appltcant Bank. The polnt that arlses for conslderation ts : Whether the Appltcant B.nk ts enuded to the clatm made tn the OA agatnst the Defendants and OA schedule properties as prayed for?

2. 3,

4.

5. a

6. As stated supra, the Defendant remained absent and did not turn up to controvert the verslon of the O.A. of Appllcant Bank. The Evtdence Affidavit coupled with the recitals in the documents vlz., Exhibits Annexure-A to Annexure-J marked on behalf ot the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Oefendants are joinuy and severafiy liable to pay to the Appllcant Bank the claims made ln the OA wtth future tnterest and costs. In the result, the present Orlglnal Appllcation is allowed ex-parte wath costs, as under:-

7.

ORDER

(1) T A. No. 955 of 2015 flred by the Applicant Bank rs alrowed and debt rs determrned with cost agarnst the defendants. It rs he.eby ordered that applcant bank is entiued to recover from the defendants the total amount to the tune of Rs. 22,71,gg4/- (Rupees twenty two takh seventy seven thousand elght hundred and ninety four only) wtth pendentelite and future lnterest @ 1096 per annum interest with slmple on the amount due from the date of fillng of the Originat Application t.e. 28106/2010 tilt fu and final realzation of the clatm amount.

(2) Amount, if any, pald by the defendants in the loan accounts or amount, if any, recovered by the Appllcant Bank afte. filing of the O,A. the same be taken lnto account whlle arrlving at the exact amount of dues/debt payable by the defendants. Accordingty, pendenteltte and future lnterest shall be calculated on the teduced amount.

(3) Defendants are debarred from dtspostng, altenating or dealtng wtth any of the properties belonglng to them till the aforesald decretal debt ls recovered f.om the defendants.

(4) Defendants are gtven a Ume of t .epay ne or the abov","n,,on"o I"1]::T"T:[r':iffi:"#:::]ilT:::i:X ;:; to pay the dues withtn the abov€ ts dues by sa e or se""."o ""*o, IllXl"ilr:,::,'i:"1? :il "T#"; ,"J:::l j: ff::; personal properues of the defendants (Both movabte "", ,rror"il, and atso proceed against the defendants personally to recover the dues ln accord"n"" ,r,,n n,r.

(5) Let the certificate of Recovery be drawn up by Ld. Registrar forthwith rn terms of Judgement for lssuance of the s, under secuon t9 122) of the Recrame agalnst defendants ln favour of the applicant bank same for tssuance of an" a"n,o"",lu,"t ot Debts and Bankruptcy Act, 1993 and put up the

(5) Ld, Recovery Omcer sha realtze defendants in accordance wtttr taw, the amount as per the Recovery cerdficate from the 7j tZl ta- Regtstrar of this Trtb( Z2 -*,r: rir"-*,'i. ;:::"' '" dlrected to delrver recoverv certrricate in term or the finar ,ery of the sum against the defendant ln favour of the Applicant

Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are directed to appear before the Recovery Offlcer on 19/05/2025 for further actlon ln accordance wlth law ln the event the entlre amount is not pald by the sald date. Accordtngly, T.A. No. 955 of 2015 (arlstng out of O.A. No. 735 of 2010 flted before oRT-2, Kolkata) ls allowed and stands dlsposed of, Copy of the JudgemenvFlnal Order be uploaded tn the Trtbunal,s webstte. File Is consigned to the Record Room. (Dlctated to steno, transcrib€d by her, corrected, stgoed and pronounccd by m€ in the open Court On the l7b day ot Aor1t, 2026) v- - n11.) ^ l-Snr rnanro rqA6nnri I '- PRESIDING OFFICER OF DRT.II KOLKATA ADDMONAL CHARGE OF DRT.III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. TA No.955 of 2015 Puniab National Bank Abdul Karim Molla Date of Order Order with signature Order No.25 ot.t? t04 t2025 ss Order pronounced (vlde separate sheets). ln the result, T.A. No. 955 of 2015 (artsing out of O.A, No. 2010 frled before DRT-2, Kolkata) is altowed with costs. Issue Recovery Certlficate accordingly. ( Arblnd Madhav ) Presiding Officer ORT-2, Kotkata Additlonal Charge of DRT-3, Kolkata

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