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GOPAL SARKAR v. PUNJAB NATIONAL BANK
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DEBTS RECOVERY TRIBUNAL - 3, KOLKATA Jeevansudha Bldg. 8th Floor,42/C, J.L.Nehru Road, Kolkata _ 7OOO7l Before Shri A. K. CHATURVEDI, presiding Officer TSA No. 456 of 2016
1. Gopal Sarkar residing at C/E-52/3, Akra Fatak Bartala, Rabindranagar, Kolkata _
700018.
2. Smt. Rina Sarkar residing at C/E-52/3, Akra Fatak Bartala, Rabindranagar, Kolkata
700018.
- Applica nts Vs
1. Authorised Officer, punjab National Bank, 24 Parganas_
-(cen
Region, 627/2, D.H. (1'' Road, and 2no ftookra),t )B ehata, Kotkata _ 70OOO34. 2._Punjab National Bank, Taratala Branch, p_
l,Taratala Road, Kolkata - TOOOgg.
Respondents.
Present:
For Applicants: Mr. S. Mukherjee, ld. adv.
Mr. P. Pal, ld. adv.
For Defendants :
Ms. A. Das, td. Adv.
]UDGEMENT
a
Delivered on 11.!1. *..., zozz. This TSA arises out of S.A. 525 of 2011 has been fited by the applicants under Section 17(1) of the SARFAESI Act, 2002 (hereinafter referred to as'Act of 2002') before DRT-2 which has been transferred to this Tribunal due to change of jurisdiction and renumbered as aforesaid seeking relief to set aside SARFAESI notices dated 24.Og.2OtO, 16.06.2011 and 27.06.2011 and further orders. Affidavit in opposition and rejoinder fiied by the parties are taken into consideration. The TSA has been filed within prescribed period of limitation and mortgaged property falls within j urisd ictlon of the Tribu na l.
2. During course of proceeding before this Tribunal, applicants have Filed I A 1513 0f 2019 annexing copy of 'No dues certificate, dated 02.07.2018 issued by respondent bank wherein it has been stated by the respondent that dues relating to cash credit account has been amicably setfled. o
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Applicants have deposited the settled amount, as such, loan account stands in the name of the applicants has been closed. Therefore, nothing remains to be adjudicated in this TSA.
3. In the I.A. applicants seek direction upon the respondent bank to return the title deed and refund the FD amount of Rs.50,000/- and further prayer. During course of argument learned counsel for the respondents submitted that title deed has already been handed over to the applicant with proper receipt. Regarding refund of FD amount, respondent has been directed to produce affidavit regarding aforesaid primary security. No affidavit in opposition has been field. Since TSA has been infructuous after issuance of 'no due certificate' by the respondent bank. it can safely be directed to the respondent bank to refund the FD amount or FD cerfificate, if that FD has actually been deposited by the applicants for primary security of the credit facility and if that FD amount has not been required to be kept in the custody of the bank for any other purpose.
ORDER
4. In view of the above, instant S.A. is disposed of as infructuous. I.A. is also disposed of with the direction upon the bank to return the FD certificate to the applicant or his authorise-d representative, if not already handed over. No costs.
Copy of the judgement/final order be uploaded in the Tribunal,s website. File be consigned to the Record Room.
(Dictated to Stenographer, transcribed by..him, correctqj and signed by me and pronounced in the Court on this the<ay ot fu+....., ZOZ,I (A. r. cHai[aveory
Order Sheet ( continuation) Case No,
Gopal Sarkar VS. PNB TSA./456 2016
Date of
Order
Order with sig natu re k./oo/zozz
For Applicants: lvlr. S. Mukherjee, ld. Order No.17 adv. l,lr. P. Pal, ld. adv. S l. No.....
For Defendants : I\4s. A. Das, ld. Adv. In this matter Judgement pronounced in the Court, which is kept in separate sheets containing two pages. S.A. is disposed of as infructuous. I.A.s is disposed of. No costs.
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