PUNJAB NATIONAL BANK vs MCK SUPERIOR RUBBER CABLES INDUSTRIES PVT LTD AND ORS on 20 April 2026

JUDGEMENT

The Applicant Bank filed the present TA being No. TA11605/2015 on O4lO7/1994 (atising out of T,A. No, 852 of 2001 filed before DRT-2, Kolkata, which further arose out of O.A. No. 20 of 1994 filed before the Debts Recovery Tribunal, Calcutta Bench) for recovery of a total sum of Rs. 34,24,374,62/- (Rupees thirty four lakh twenty four thousand three hundred fourteen and paisa sixty two only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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3. & The Defendants are served wlth summons. The defendants did not appear, as there was no representatlon from the defendants, the case was fixed for ex-parte hearing on 09404/2026, and heard ex-parte accordlngly, The Applicant Bank examlned 16 documents throuEh Sri Goutam Roy Chowdhury, Manager marked as Exhlbit Annexure-A to Exhlbit Annexure-H- Heard the Ld, Counsel for the Applicant Bank. The point that arises for conslderation ls : Whether the Appllcant Eank ts entiued to the ctalm made in the OA agalnst 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 Appltcant Bank. The Evtdence Affldavit coupled wtth the recttats in the documents viz., Exhlblts Annexure-A to Annexure-H marked on behalf of the Applicant Bank, established the clalm of the Appticant Bank against the Defendants and OA schedute propertles. Hence, I hold that the Defendants are Jotnfly and severaly tiabte to pay to the Appllcant Bank the clalms made in the OA with future interest and costs. In the result, the present Origlnal Appltcaflon is allowed ex_parte wtth costs, as under:-

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ORDER

(1) T.A. No. 1605 of 2015 fired by the Appficant Bank rs afiowed and debt is determined with cost agalnst the defendants. It is hereby ordered that applicant bank ls eotiued to recover from the defendants the total amount to the tune of Rs, 3414,3L4.621- (Rupees thirty four lakh twenty four thousand three hundred fourteen and paisa stxty two only) with pendentelite and future Interest @ 12 per annum lnterest with simple on the amount due from the date of filing of the Ortgtnat Appllcauon t.e. O4/O7lL9g4 tifl ful and finat realization of the clatm amount.

(2) Amount, if any, paid by the defendants rn the loan accounts or amount, rf any, recovered by the Appllcant Bank after filing of the O.A. the same be taken into account white arriving at the exact amount of dues/debt payable by the defendants, Accordlngly, pendentelite and future interest shall be calculated on the .educed amount.

(3) Defendants are debarred from disposlng, alienaung or deallng with any of the properties belonging to them ull the aforesald decretal debt ls recovered from the defendants_

(4) Defendants are glven a ume of thtrty days from the date of the Judgerhent/Final Order for repaying of the above menuoned dues, so inHmated to them. In case the defendants fail to pay the dues withln the above menfloned flme, the applicant bank is entitled to recover .(2 ir" au", O" "ale of s€cured assets, lf any. Appllcant bank ts also enufled to proceed against personal propertles of the defendants (Both movable and lmmovable) and also proceed against the defendants personally to recover the dues ln accordance wlth law,

(5) Let the Certificate of Recovery be drawn up by Ld. Reglstrar forthwith in terms of Judgement for issuance of the same against defendants in favour of the applicant bank under Sectlon 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for lssuance of the certiflcate.

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance wlth law.

(7) Ld Registrar of thrs Trrbunar rs directed to deriver recovery certificate in term of the finar orderliudgement for recovery of the sum agahst the defendant in favour of the Applicant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Financiar Institutions Act, 1993 now known as Recovery of Oebts and Bankruptcy Act, 1993.

(8) The parties are directed to appear before the Recovery Officer on 20105/2026 for further action in accordance with law tn the event the enure amount is not paid by the said date. Accordrngry, T,A. No. 1605 0f 2015(arising out of r.A. No. 852 0f 2oo1 fired before DRT-2, Kotkata, which further arose out of o.A. nto. zo of rgg+ nr"J;;;i* Debts Recovery Tribunat, Catcutta Bench) ts allowed and stands dlspoJof Copy of the JudgemenvFtnat Orde. be uptoaded tn the Tribunal,s webstte. File ts consigned to the Record Room. (Dictated to.steno, transcrtb€d by her, conected, sjgn€d and 3i[li"'rfr:l -" t "'op€n court on the 2oh da; - IP' t' fsru enarruo fimTi')\ ^ssii8,lxt 3;1,-."T 3I Si,'.,Ii ISimH

Debts Recovery Trabuna!-3, Kotkata Order Sheet (Continuation) Case No. TA No. 1605 of 2Or.5 Order No.26 Dt.20t04 t2025 Order pronounced (vide separate sheets). In the resutt, T.A. No. 1605 of 2015 (aristng out of T.A. No. 852 of 2001 filed before DRT-2, Kolkata, which further arose out of O.A. No. 20 ot 1994 filed before the Debts Recovery Tribunal, Catcutta Bench) is allowed with costs. Issue Recovery Cerflficate accordingly. ( Arbind Madhav ) Presading Officer DRT-2, Kotkata Additional Charge of DRT-3, Kotkata