SLP(C) No. 4982 of 2010 decided on

Appeal No. 110 of  2022-DRAT-Kolkata
     IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA
Appeal No. 110 of 2022
(Arising out of TOA 596 of 2017 (O.A. 219 of 2016)  in DRT, Siliguri)
THE HON’BLE  MR.  JUSTICE ANIL KUMAR SRIVASTAVA
             CHAIRPERSON
1. M/s. Azmer Business Private Limited, 730, Ramkrishna Pally, 
Champasari, P.O. & P.S. Pradhan Nagar, District – Darjeeling, 
P.I.N. -  734 003;
2. Abul Laish Ahmed, 730, Ramkrishna Pally, 
Champasari, P.O. &
P.S. Pradhan Nagar, District – Darjeeling,     P.I.N. -  734 003;
3. Mrs. Mehrun Naisha, 730, Ramkrishna Pally, Champasari, P.O. &
P.S. Pradhan Nagar, District – Darjeeling,     P.I.N. -  734 003.
                … Appellants
                                  -Versus-
Punjab National Bank,  formerly United Bank of  India,  Branch  Office Hilcart 
Road, P.O. & P.S. – Siliguri, District – Darjeeling, P.I.N. – 734 001 & Office at 
16, Old Court House Street, Kolkata – 700 001. 
                       …  Respondent
Counsel for the Appellant
…  
 Mr. Prasenjit Pal
 Mr. Ajit Kumar Keshari
Counsel for Respondents  
 …   
Mr. Debasish Chakrabarti 
Ms. Sharmistha Pal 
JUDGMENT                         
:   
30th January, 2024
THE APPELLATE TRIBUNAL : 
The  instant appeal has arisen against an order dated 22nd 
August, 2022 passed by Learned DRT, Siliguri in I.A. 30 of 2021 in
TOA No. 596 of 2017 arising out of O.A. 219 of 2016 (Punjab National 
Bank -vs- M/s. Azmer Business Private Limited & Another) thereby 
rejecting I.A. 30 of 2021 filed by the Applicant herein.  
2.
As per the pleadings of the parties, O.A. 219 of 2016, (TOA 516 
of 2017) under Section 19 of the Recovery of Debts And Bankruptcy 
Act, 1993 was filed by the Respondent Bank against the Appellant for 
issuance of certificate for Rs.4,25,08,921.35 alongwith pendent lite 
and future interest.  It is stated in the Original Application that 

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  Appeal No. 110 of  2022-DRAT-Kolkata  
Director of Defendant No. 1 executed two Demand Promissory Notes 
dated 14.7.2010 and 3.7.2013.  Written Statement was filed by the 
Defendant/Respondent wherein in paragraph 21 of the written 
statement execution of the Demand Promissory Notes dated 14.7.2010 
and 3.7.2013 were challenged.  It was specifically stated that Demand 
Promissory Note dated 3.7.2013 is a forged document. Pending O.A., 
I.A. 30 of 2021 was filed by the Appellants with a prayer to grant leave 
to take inspection of the original documents and further to obtain the 
expert opinion regarding the genuineness of the signatures on the 
documents allegedly signed by the Appellants.  It is stated that an 
SARFAESI Application, being S.A. 101 of 2011, was pending before the 
DRT-II, Kolkata wherein the fact of execution of the documents was 
alleged by the Bank.  However, SARFAESI Application was allowed on 
4.6.2013.  Application was opposed by the Respondent Bank with the 
assertion that the two separate Memorandum of deposit of title deeds 
were executed by the Appellants on 18.7.2005 as equitable mortgage
was created in favour of the Bank.  It is  stated that signatures of the 
Appellants were not denied at any point of time.  Any finding by DRT-
II, Kolkata, regarding creation of equitable mortgage in favour of the 
Bank, does not mean that property was not mortgaged with the 
Respondent Bank.    
3.
Learned DRT, after considering the submissions made by the 
Learned Counsel for the parties, relied upon the judgment of the 
Hon’ble Apex Court in the case of Indian Bank -vs- M/s. Blue Jaggers 
Estates Limited, arising out of SLP(C) No. 4982 of 2010 decided on 
9.8.2010 recorded a finding that since O.A. is pending for the last six 
years and in the written statement it was accepted that Cash Credit 
Loan was granted by the Respondent Bank to M/s. Azmer Enterprise 
I.A. was dismissed.
4.
I have heard the Learned Counsel for the parties and perused 
the record.   

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  Appeal No. 110 of  2022-DRAT-Kolkata  
5.
Learned Counsel for Appellant would sub

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