List of Dates in Written Notes of arguments in Original Application - Drt Siliguri

 

IN THE DEBTS RECOVERY TRIBUNAL SILIGURI

PCM Tower, 2^nd Floor, 2 no.Mile, Sevoke Road, Siliguri - 734001.

 

ORIGINAL APPLICATION NO. 15 OF 2024

{ Diary no. 396/2023 }

 

PUNJAB NATIONAL BANK

--- ---- APPLICANT

– VERSUS –

 

M/S. H. M. ENTERPRISE AND OTHERS

----- ---- RESPONDENTS

 

WRITTEN NOTES OF ARGUMENT ON BEHALF OF THE DEFENDANTS

 

LIST OF DATES AND EVENTS

ON BEHALF OF THE DEFENDANTS

O.A. No. 15 of 2024
Punjab National Bank –Vs.– M/s. H.M. Enterprise & Ors.

 

Date	Particulars of Events
31.07.2017	Defendant Nos. 2 and 3 allegedly submitted an application for sanction of a Car Loan facility.
01.08.2017	Car Loan was allegedly sanctioned by the Applicant Bank.
01.11.2017	Defendant No. 2 allegedly submitted an application for Housing/Term Loan.
18.11.2017	Housing/Term Loan was allegedly sanctioned by the Applicant Bank.
18.11.2017	Defendant No. 2 allegedly created/extended equitable mortgage by deposit of Title Deed No. I-2179 of 2000.
01.08.2018	Cash Credit facility of Rs.40,00,000/- was allegedly sanctioned in favour of M/s. H.M. Enterprise.
04.05.2020	GECL/COVID-19 Loan of Rs.4,00,000/- was allegedly sanctioned.
27.03.2020	RBI issued regulatory measures concerning COVID-19 related disruption and debt servicing, relied upon by the Defendants.
09.04.2021	The Bank allegedly issued a recovery/recall notice in respect of certain loan accounts, mentioning an outstanding amount of Rs.18,83,208/-.
02.07.2021	The Applicant Bank allegedly issued demand notice under Section 13(2) of the SARFAESI Act.
05.11.2021	Possession notice was allegedly issued by the Applicant Bank under the SARFAESI proceedings. The Defendants disputed the legality/service of the recovery proceedings.
2022	Defendant(s) initiated S.A. Nos.26 of 2022 and 27 of 2022 before the DRT challenging the Bank's SARFAESI measures.
29.07.2024	The DRT passed judgment in S.A. Nos.26 of 2022 and 27 of 2022 concerning the Bank's SARFAESI measures and service of the Section 13(2) notice.
2024	The Applicant Bank instituted the present O.A. No.15 of 2024 under Section 19 of the RDB Act for recovery of the alleged dues.
30.11.2023	According to the Applicant Bank, the total alleged outstanding liability stood at Rs.95,63,554.87/-, comprising four separate loan accounts.
01.12.2023 onwards	The Applicant Bank claims further interest on the alleged outstanding amount until realization.
2025	Defendant No.2 filed her Written Statement disputing the Bank's claim, including the quantum, repayments, transactions, recovery proceedings and other material allegations.
2025	Defendant Nos.1 and 3 filed their Written Statement raising objections to the Bank's claim, partnership liability, recovery proceedings and quantum.
2025–2026	The Applicant Bank filed rejoinders to the Written Statements, denying the allegations and reiterating its claim.
Present	The matter is presently being contested by the Defendants, who submit that the Applicant Bank has failed to establish the entire claim and the precise amount legally recoverable.

 

IMPORTANT NOTE

 

The principal dates material to the defence are 18.11.2017 (Housing Loan), 01.08.2018 (Cash Credit), 27.03.2020 (RBI COVID measures), 09.04.2021 (recall/recovery notice), 02.07.2021 (alleged Section 13(2) notice), 05.11.2021 (possession notice), 29.07.2024 (earlier DRT judgment), and 30.11.2023 (date up to which the present OA claim is calculated).