Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs SRI DHARMENDRA KUMAR RAM AND ORS on 9 September 2025
Rina S.
BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA
PRESENT: -SHRI AMBUJA MOHAN DAS
PRESIDING OFFICER
T.A. No. 530 of 2013
DATE OF DELIVERY OF ORDER : 09th September,2025
UCO BANK, Shibpur Branch, address of registered office is at UCO Bank, Shibpur Branch, 170, G T Road (South), P.O.- Shibpur, Howrah –
711102.
..................Applicant
-VERSUS-
SRI DHARMENDRA KUMAR RAM, address is at 47/1, Tiljala Road, Kolkata – 700046.
SRI SANKAR PRASAD MISHRA, address is at Dharsa, Chowdhury Para, GIP Colony, Howrah – 711321.
SRI DEBASHIS PACHAL, address is at 100, M M Feder Road, Ariadaha, Kolkata- 700057.
........................Defendants
Counsel for the Applicant Bank : Ms. Farida Yasmin Counsel for the Defendants : None appears.
Set ex-parte on 07/08/2025
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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 Shibpur Branch, 170, G T Road (South), P.O.- Shibpur, Howrah – 711102,for recovery of Rs. 18,71,606/- with interest at the rate of 9% p.a. from 20/03/2012 with monthly rests with monthly rests. The Defendants are the borrower/guarantor/ mortgager. 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
Rina S. neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the defendants are declared exparte on 07/08/2025.
2. The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Mr. P.K. Mitra, Senior Manager of the Bank annexing the various documents which are exhibited.
3. 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 is liable to pay Rs. 18,71,606/- with interest at the rate of 9% p.a. from 20/03/2012 with monthly rests with monthly rests 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 Annexure ‘A’ 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 10/11/2025 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. 530 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 09th September,2025) Place : Kolkata ( Ambuja Mohan Das ) Date : 09th September,2025 Presiding Officer
Rina S. Page No.- Order Sheet (continuation) Case No. TA 530/2013 UCO Bank vs. Sri Dharmendra Kr. Ram & ors. Date of the order Order with signature Office action with date and dated signature of parties when necessary 09th September,
Ld. Advocate Ms. Farida Yasmin appeared for the Applicant Bank. None appeared on behalf of the Defendants. Matter was heard in open Court on 07/08/2025 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 is liable to pay Rs. 18,71,606/- with interest at the rate of 9% p.a. from 20/03/2012 with monthly rests with monthly rests 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 Annexure ‘A’ 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 10/11/2025 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. 530 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 09th September,2025)
Rina S. Place : Kolkata (Ambuja Mohan Das) Date : 09th September,2025 Presiding Officer