Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs SHIVA AND COMPANY AND OTHERS on 20 February 2026
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No.172 of 1994
DATE OF DELIVERY OF ORDER :20th February,2026
UCO Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 and carrying on business, interalia at 10 Biplabi Trailokya Maharaj Sarani, Kolkata- 700
001.
.............APPLICANT
versus –
1. SHIVA & Co., a partnership firm, carrying on business at Sagar Estate Building,2, Clive Ghat Street, Basement Unit No. 15, Calcutta.
2. Rydak Syndicate Ltd, a company registered under the Companies Act,1956 and carrying on business, interalia, at 4, Clive Row, Calcutta-700 001.
3. United Sales Agency, a partnership firm,carrying on business at 9,India Exchange Place,3rd Floor,Calcutta-700 001.
...........DEFENDANTS
Counsel for the Applicant Bank:Mr. S.N. Patra Bhatta Counsel for the Defendants: None appears.
Set ex-parte on 04/01/2007
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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 10 Biplabi Trailokya Maharaj Sarani, Kolkata- 700 001, for recovery ofRs.11,78,924.12 with interest @30% p.a. with monthly rest from 01/12/1991 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 to controvert the claim of the Bank. Hence, the defendants are declared exparte on 04/01/2007.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Mukul Bikash ChakravartyOfficer of 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.11,78,924.12 with interest @ 12% p.a. with monthly rest from 01/12/1991till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveables as described in the OA. 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 24/03/2026 for further action in accordance with law in the event the entire amount is not paid by the said date.
Rina S. Accordingly, the Original Application being T.A. No.172of 1994 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 20th February,2026) Place: Kolkata ( Ambuja Mohan Das ) Date:20th February,2026Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA/172/1994 UCO Bank vs Shiva & Company&ors Date of the order Order with signature Office action with date and dated signature of parties when necessary 20thFebruary,2
Ld. Advocate Mr. S.N. Patra Bhatta appeared for theApplicant Bank. None is present on behalf of the Defendants. Matter was heard in open Court on 19/01/2026 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.11,78,924.12 with interest @12% p.a. with monthly rest from 01/12/1991till payment or realization. iii) It is declared that the claim is secured by hypothecation of moveables as described in the OA. 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 24/03/2026 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. 172 of 1994 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 20th February,2026) Place: Kolkata (Ambuja Mohan Das) Date:20th February,2026Presiding Officer