PUNJAB NATIONAL BANK ERSTWHILE UNITED BANK OF INDIA vs MADHUKAR SINGHA AND ORS on 17 August 2026

J U D G M E N T

1. The instant M.A. has been filed bythe Misc. applicant/bank seeking restoration of T.O.A. No. 459 of 2017 arising out of O.A. No. 548/2016, instituted for recovery of Rs. 12,49,111/- (Rupees Twelve Lakhs Forty Nine Thousand One Hundred Eleven only) along with interest calculated upto 30.06.2016 and other reliefs against the opposite parties-defendants.

2. Case of the M.A. applicant bank is that due to the dissociation of the then Ld. conducting counsel representing the applicant bank, no one was appearing for the applicant and as such the O.A. case was dismissed by this Tribunal and the applicant will suffer irreparable loss and injury if the O.A. case is not restored and thus prayer has been made to recall the order dated 31.01.2023 passed by this Tribunal.

3. Service has been effected upon the opposite party of the MA but no one appeared on behalf of the defendants/opposite party and as such vide order dated 03.02.2026 the matter is ordered to be proceeded ex-parte against the defendants.

4. Learned counsel of the applicant has already been heard.

RAKESH PATI TIWARI Digitally signed by RAKESH PATI TIWARI Date: 2026.08.18 17:26:28 +05'30'

(contd/…)

5. From perusal of the record it transpires that it was an old case of year 2016 filed by the bank for recovery of the dues amount of Rs. 12,49,111/- and after filing of the case before the Debts Recovery Tribunal –II Kolkata, the matter was transferred before this Tribunal after its establishment in the year 2017 and it was received in the file of this Tribunal and renumbered as TOA/459/2017 and since then the applicant bank was only taking time in the name of filing evidence and service report. It is very strange that the bank, who had filed the case for recovery of the dues amount was very much casual in conducting the case and due to casual approach of the bank and non-appearance in the matter, the case was dismissed on 30.01.2023. However, now the bank is willing to contest the matter and as the public money is involved and thus, one opportunity is required to be given to the applicant bank, so that the public money may be realize by adopting the due process of law and settled principal of law is that the cases should be disposed of on merit and not only on technical grounds.

6. In view of the discussions made here-in-above the M.A. filed by the applicant is hereby allowed and the T.O.A. No. 459/2017 is restored to its original position with a specific direction to the applicant bank to file the evidence-on-affidavit within 2 weeks from today and complete the evidence verification as well and to serve the summons upon the defendants and to file the service report within 4 weeks from today.

7. The MA No. 40/2023 stands disposed of and list the TOA/459/2017 before the Registry on dated 21.08.2026.

8. Registry is directed to send/serve copy of this order to both the parties free of cost.

The judgment is signed and pronounced in the open Tribunal on 17th day of August, 2026.

(RAKESH PATI TIWARI) Presiding Officer DRT, Siliguri

RAKESH PATI TIWARI Digitally signed by RAKESH PATI TIWARI Date: 2026.08.18 17:26:49 +05'30'