191090003042025_d707cdefc403a4b772d2e63649c61b8d.pdf

Reportable/Non-Reportable
                                           
      
        Misc. .Appeal No.44 of   2025 -DRAT-Kolkata
IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT 
KOLKATA
 HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
               CHAIRPERSON
        Misc. Appeal  No. 44 of 2025
        (Arising out of O.A. No. 128 of 2017 in DRT Siliguri) 
1. Sri Raju Majumder, son of Late Ratan Majumder, Madhan 
Mohan Para, P.O. & P.S. Dinhata, Ward No. 2, District Cooch 
Behar, West Bengal, Pin 736135.
2. Smt. Rita Majumder, daughter of Late Ratan Majumder, 
Madhan Mohan Para, P.O. & P.S. Dinhata, Ward No. 2, District 
Cooch Behar, West Bengal, Pin 7361135.
3. Smt. Mithu Majumder, wife of Late Ratan Majumder, Madhan 
Mohan Para, P.O. & P.S. Dinhata, Ward No. 2, District Cooch 
Behar, West Bengal, Pin 736135.
     .…Appellant
-Versus-
1. Punjab National Bank, Dinhata Branch, Dinhata Main Road, P.O. 
& P.S. Dinhata, District Cooch Behar, West Bengal, Pin 736135.
2. Punjab National Bank service through the Authorized Officer, 
Circle Shastra Centre NJP (Siliguri), Hill Cart Road Siliguri,
District Darjeeling. Pin 734001.
                                                                     
                                                                     ….Respondents
                 
Counsel for Appellants     
Ms. Puja Bhupal, (virtual) Mr. 
Utpal Saha  
Counsel for Respondents   
Ms. Aparajita Rao 

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  Misc..Appeal No.44 of   2025 -DRAT-Kolkata
JUDGMENT                         
:   
       18th  July, 2025
THE APPELLATE TRIBUNAL : 
 Heard the Learned Counsel for the parties and perused 
the record.
2.
Instant Appeal has been preferred against a judgment 
and order dated 21st February, 2025 passed by Learned DRT 
Siliguri in I.A. 639 of 2024 in O.A. No. 128 of 2017 whereby 
Learned DRT disposed of the I.A. No. 639 of 2024 with a 
direction to the Bank to provide the true copies of Banking 
documents to the defendants in the O.A.   
3.
As would appear from the pleadings, O.A. No. 128 of 
2017 [Punjab National Bank versus Ratan Majumder(since 
deceased) and Anr.] was filed by the Respondents herein for 
issuance of a Certificate to an extent of Rs. 13,62,166.08p.  
When the O.A. was filed an order was passed on 28.12.2017 
by the Asstt. Registrar DRT Siliguri which is as under:
Matter is called out as per previous order.
Ld. Advocate Ashis Das and Mr. A. Banerjee, Law Officer, UBI appear 
for the Applicant Bank for verification of documents.
The Applicant Bank could not produce the original documents for 
verification as these original documents are misplaced due to shifting of bank 
premises and not traced out till date. Bank has filed a petition IA/316/2017 
for secondary evidence relying upon certified copies of documents in place of 
original records. The petition is allowed u/s 63 and 65 of the Evidence Act 
1872.
The documents on evidence are examined against certified copies 
which are exhibited from 1 to 17 at Page No.34 to 119. The certified copies 
are returned to the Applicant with the direction to produce the originals 
before this Tribunal as and when called for.
The Applicant Bank has not submitted the translated copies of Bangla 
Titled Deeds of mortgaged properties. Hence, the Applicant bank is directed 
to submit/file the translated copies of Bangla Title Deeds of mortgaged 
property in English/Hindi version within 15 days positively.

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  Misc..Appeal No.44 of   2025 -DRAT-Kolkata
The application is registered as Case No. OA. 128 of 2017 reckoning 
the limitation from the date of filing the application in DRT-II Kolkata i.e. 
27.01.2017.
Place the application before Ld. Presiding Officer on 17.01.2018 for
order of issuance of summons. Ld. Advocate for the Applicant is directed to 
appear before Ld. Presiding Officer on 17.01.2018.
Copy of this order be given to the Applicant.
     
4.
Thereafter, I.A. No. 639 of 2024 was filed by the 
defendants for a direction to the Bank to produce the 
origina

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