UCO BANK vs DINESH CHANDRA MONDAL on 19 August 2025

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 UCO Bank, Basirhat ,North 24 Parganas, known as Basirhat Branch,for recovery ofRs. 13,37,521.69 with interest at the contractual ratefrom 02/04/2012 against the Defendant till payment and/or realization. The Defendant is the borrower/guarantor/mortgager.

2. The service of summons was effected upon the Defendant in usual mode of postal service. Despite giving sufficient time, the Defendant neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared exparte on

Rina S. 20/06/2025.

3. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. Ashis Kumar Kundu,Sr. Managerof 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 Defendant is liable to payRs. 13,37,521.69 with interest with simple interest @ 9% p.a. with monthly rest from 02/04/2012till 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 annexed in the OA at page 124 to 139. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendant 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 19/09/2025 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.515of 2013 is allowed and stands disposed of. All the IAs, filed in connection with

Rina S. 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 19th August,2025) Place: Kolkata ( Ambuja Mohan Das ) Date:19th August,2025 Presiding Officer

Rina S. Page No.- Order Sheet (continuation) Case No. TA515 2013 UCO BANK VS. DINESH CHANDRA MONDAL Date of the order Order with signature Office action with date and dated signature of parties when necessary 19th August,

Ld. Advocate Mr. Mr. O.P. Chowdhury and Mr. R. Dey appeared for theApplicant Bank. None appeared on behalf of the Defendant. Matter was heard in open Court on 20/06/2025 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 Defendant is liable to pay Rs. 13,37,521.69 with interest with simple interest @ 9% p.a. with monthly rest from 02/04/2012 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 annexed in the OA at page 124 to 139. iv) Let, a certificate be issued accordingly. v) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendant 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 19/09/2025 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. 515 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 19th August,2025) Place: Kolkata (Ambuja Mohan Das) Date:19th August,2025 Presiding Officer

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