Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs SARBANI DAS ADHIKARY & ORS on 22 January 2026
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No.1402 of 2013
DATE OF DELIVERY OF ORDER :22ndJanuary,2026
UCO BANK, Shibpur Branch, address of registered office is at 170, G. T.
Road (South), P.O.- Shibpur, Howarh – 711102.
..........................Applicant
-Vs-
1.
Mrs. Sarbani Das Adhikary, address is at 128, Rash Behari Avenue, Flat No. 4A, 4th Floor, ‘Rajkamal Apartment’, Kolkata – 700054 and at 63/6, G. T. Road, Liluah, Howrah – 711204.
2.
Mr. Aloke Kr. Bagh, address is at 72, Sri Arabinda Road, Salkia, Howrah – 711106.
3.
Mr. Rohit Adhikary, address is at 128, Rash Behari Avenue, Flat No.
4A, 4th Floor, ‘Rajkamal Apartment’, Kolkata – 700054.
4.
Mr. Rameshwar Das, 7A, Kumud Ghosal Road, Ariadaha, P.S.- Belghoria, Kolkata – 700057, Dist.- North 24 Pgs.
....................Defendants
Counsel for the Applicant Bank:Farida Yasmin Counsel for the Defendants: None appears.
Set ex-parte on : 11/05/2022 & 13/01/2026
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J U D G M E N T
1. The present Recovery Application is filed by the UCO BANK, nationalized Bank carrying on business of Banking all over India including from its Branch Office at at 170, G. T. Road (South), P.O.- Shibpur, Howarh – 711102, for recovery ofRs. 20,44,001/- with interest @7.5% p.a. with monthly rest from 01/12/2012 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor/mortgager.
2. The service of summons was effected upon the Defendants in usual
Rina S. mode of postal service. The Defendants appeared through their Advocate. Despite giving sufficient time, subsequently the Defendants neither appeared nor filed the Written Statement except defendant no. 1 to controvert the claim of the Bank and thereafter Defendant no. 1 also not appeared. Hence, the defendants are declared exparte on 11/05/2022& 13/01/2026.
3. The Applicant in support of its contention filed Evidence on Affidavit through their Adof the Bank annexing the various documents which are exhibited.
4. I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost. In the above circumstances it is ordered :
O R D E R
i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs. 20,44,001/- with interest @ 7.5% p.a. with monthly rest from 01/12/2012 till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule ‘C’ in the OA at iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer I on
Rina S. 24/02/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No.1402 of 2013 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 22nd January,2026) Place: Kolkata ( Ambuja Mohan Das ) Date:22nd January,2026 Presiding Officer Page No.- Order Sheet (continuation)
Rina S. Case No. TA/1402/2013 UCO Bank vs. Mrs. Sarbani Das Adhikary &ors. Date of the order Order with signature Office action with date and dated signature of parties when necessary 22nd January ,2026 Ld. Advocate Ms. Farida Yasmin appeared for theApplicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 13/01/2026 The detailed order in three pages annexed separately. The gist of the order is as follows:
O R D E R
i) Claim of the Applicants is allowed with cost. ii) The Defendants are jointly and severally liable to pay Rs. 20,44,001/- with interest @ 7.5% p.a. with monthly rest from 01/12/2012 till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveable and mortgage of immoveable property described in the Schedule of immoveable property as described in the Schedule ‘C’ in the OA at page 55 iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. vii) The parties are directed to appear before the Recovery Officer I on 24/02/2026 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being T.A. No. 1402 of 2013 is allowed and stands disposed of. All the IAs, filed in connection with this OA, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File be consigned to the Record Room. (Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 22nd January,2026) Place: Kolkata (Ambuja Mohan Das) Date:22nd January,2026 Presiding Officer