Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs SUBIR ACHARJEE & ORS on 13 May 2026
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 283 OF 2014
DATE OF DELIVERY OF ORDER : 13th May, 2026
UCO BANK, Shibpur Branch, registered office at 170, G. T. Road (South),P.O.- Shibpur, Howrah – 711102.
..........................Applicant
-Vs-
1. Mr. Subir Acharjee, address is at 9/1D. A.C. Paul Street, Noudapara, Belghoria, Kolkata – 700057 and at Flat No. C/02, 1st Floor, 2, South Noudapara. Ariadaha, Belghoria, Kolkata – 700057.
2. Mrs. Jhuma Acharjee, address is at 9/1D. A.C. Paul Street, Noudapara, Belghoria, Kolkata – 700057 and at Flat No. C/02, 1st Floor, 2, South Noudapara. Ariadaha, Belghoria, Kolkata – 700057.
3. Mr. Soumen Mondal, address is at 3/1, Ramlal Agarwala Lane, Kolkata –
700050 and at Flat No. C/02, 1st Floor, 2, South Noudapara. Ariadaha, Belghoria, Kolkata – 700057.
.....................Defendants
Counsel for the Applicant Bank: - Ms. Farida Yasmin, Ld. Counsel Counsel for the Defendants:- Set ex-parte on 11/09/2019
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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 at branch office at Shibpur Branch, situated at 170, G. T. Road (South),P.O.- Shibpur, Howrah – 711102 for recovery of total sum of Rs.11,45,235.51/- with interest @ 8.00% p.a. with monthly rest from 01.04.2013 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 mode of postal service though hand service has been refused by the Rina S. defendants. Despite substituted service of summons and giving sufficient time, the Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the matter was declared ex-parte on 11/09/2019.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Bharat Chandra Tripathy, Chief Manager of the Applicant 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.11,45,235.51 with interest @ 8.00% p.a. with monthly rest from 01.04.2013 against the Defendants till payment or realization. iii) It is declared that the claim is secured by mortgaged of moveable/immoveable properties described in the Schedule at Page no. 13 of the TA. 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 Rina S. Officer-I on 19/06/2026 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. 283 of 2014 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is 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 13th May, 2026) Place: Kolkata ( Ambuja Mohan Das ) Date: 13/05/2026 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA/283/2014 UCO BANK –Vs- SUBIR ACHARJEE AND ORS. Date of the order Order with signature Office action with date and dated signature of parties when necessary 13/05/202
Ld. Advocate, Ms. Farida Yasmin appeared for the applicant bank. None appeared on behalf of the Defendants. Matter was heard in open Court on this the day of 06/04/2026. 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.11,45,235.51 with interest @ 8.00% p.a. with monthly rest from 01.04.2013 against the Defendants till payment or realization. iii) It is declared that the claim is secured by mortgaged of moveable/immoveable properties described in the Schedule at Page no. 13 of the TA. 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 19/06/2026 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. 283 of 2014 is allowed and stands disposed of. All the IAs, if any, are also disposed of. Copy of the Judgment/Final Order be uploaded in the Tribunal’s website. File is 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 13th May,
Place: Kolkata ( Ambuja Mohan Das ) Date: 13/05/2026 Presiding Officer
Rina S.