Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs MRS. SNEHLATA KOTHARI & ORS. on 25 March 2025
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 52 of 2013
(OA 1264 of 2011)
DATE OF DELIVERY OF ORDER : 25th March ,2025
UCO Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act 40 of 1980, and carrying on its banking business from its office at 10, BTM Sarani, Kolkata –
700001 and also from its several branches, including the Hazra Road, at 91/1, Hazra Road, Kolkata – 700026.
..............APPLICANT
versus –
1. Mrs. Snehlata Kothari, Proprietress of M/s. Shree Durga Apparels.
2. Mrs. Priti Sinha, wife of Abhijit Sinha.
Both residing at :
(1) 28/C, Hari Ghosh Lane, Kolkata – 700085;
(2) 34/C, Hari Ghosh Lane, Kolkata – 700085 and
(3) 2, Nangi Station Road, P.O. Parbangla, P.S. Maheshtala, 24
Parganas
(South).
...........DEFENDANTS
Counsel for the Applicant Bank : Ms. Farida Yasmin.
Counsel for the Defendants : None appears.
Set ex-parte on 14.1.2025.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
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
Rina S. including from its Branch Office at 10 BTM Sarani, Kolkata - 700001, for recovery of Rs.18,93,741.58p., with interest @ 13% on the debt with effect from 1.8.2011 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. 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 14.01.2025.
3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Binoy Krishna Poddar, Chief Manager 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.18,93,741.58p., with interest @ 13% on the debt with effect from 1.8.2011 till payment or realization. iii) It is declared that the claim is secured by hypothecation of movables as mentioned 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
Rina S. 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 25/04/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Transfer Application being T.A. No. 52 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 25th March ,2025) Place : Kolkata ( Ambuja Mohan Das ) Date : 25th March ,2025 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA 52 of 2013 UCO BANK –VS- MRS. SNEHLATA KOTHARI & ORS. Date of the order Order with signature Office action with date and dated signature of parties when necessary 25th March ,2025 Ld. Advocate, Mr. 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 14.01.2025. 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.18,93,741.58p., with interest @ 13% on the debt with effect from 1.8.2011 till payment or realization. iii) It is declared that the claim is secured by hypothecation of movables as mentioned 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 25/04/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Transfer Application being T.A. No. 52 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 25th March ,2025)
Rina S. Place : Kolkata (Ambuja Mohan Das) Date : 25th March ,2025 Presiding Officer