UNION BANK OF INDIA vs MIS ABRAR BASTRALAY on 9 February 2026

Order

09.02.202 Union Bank of lndia (erstwhile Corporation Bank) Vs lll/s Abrar Bastralay & Ors. Ofiice action with date and dated Signature of parties when necessary Order with Signature Counsel for the parties: Ms. Smruti Rekha Mishra, Ld. Advocate for the applicant Bank. None for the defendants. T.4./626 of 2020 (arising out of O.A./879 of 2018) is allowed and disposed of. Final Order / Judgment is in separate sheet of 6 pages. File be consigned to record room. Order be uploaded on the Tribunal,s website.5 (Arbind Madhav) Presiding Ofiicer DRT-2, Kolkata

T.4.1626 0f 2020 - DRT-2/Kot DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan Sudha Bldg. 07th Floor,42lC, J.L. Nehru Road, Kolkata -7OOO71 Before Shri Arbind Madhav, Presidin Officer T.A. No. 626 oI2O2O (arising out of O.A./879 of 2018) ln the matter of Union Bank of lndia (erstwhile corporation Bank) is a body corporEte duly constituted under the provisions of Banking companies (Acquisition and rransfer of UndertakinglAct, 1970, having its Head office at 239, Vidhan Bhawan Marg, Nariman point, Mumbai - 4ooo21, and carrying on business, inter-alia, having its numerous branches including one at Amtala Branch, N.D. Road, Amtala, P.O.- Kanya Nagar, South 24-parganas, pin - 743503, West Bengal. Applicant Bank -Versus- M/s Abrar Bastralay, proprietorship business of Sri Abdul Gaffar Molla, having its principal place of business at Village - Gazipur, Post Office - Kanganberia, p.S.- Bishnupur, District - 24-Parganas South, Pin - 743503, West Bengal. Sri Abdul Gaffar Molla, Proprietor oI M/s Abrar Basfralay, having its principal place of business at Village - Gazipur, Post Office - Kanganberia, p.S.- Bishnupur, District

- 24-Parganas South, Pin - 743503, West Bengal. Sri Samsuddin Sekh, having its principal place of business and/or residence at Village - Gazipur, Post Office - Kanganberia, P.S.- Bishnupur, District - 24-Parganas South, Pin -743503, West Bengal. Defendants

Counsel for parties: For the Applicant Bank For the Defendants Ms. Smruti Rekha Mishra. Ex-Pafte

FINAL ORDER

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JUDGMENT

Delivered on 09.02.2026 Applicant (Union Bank of lndia), erstwhile Corporation Bank instituted the present Application being the Original Application No.879 of 2018 filed in DRT-3, Kolkata on 05.11.2018 against three Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.10,22,360.00 (Rupees ten lacs twenty two thousand three hundred sixty) includes unrealized interest and other charges as calculated upto 09.09.2018 together with interest pendenti lite and e6rutur" @ 12.25% per annum from 01.10.2018, till realization of the entire due in full. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble

T.A./626 of 2020 - DRT-2yKo| chairperson DRAT, Kolkata's direction vide tefter No.4/6/DRAT/KoU2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3,s order dated 13.11.2019 and the same has been renumbered as T.A./626of 2o2ovide Ld. Registra/s order dated 09.12.2020.

2. corporation Bank has been merged / amalgamated into Union Bank of lndia vide Gazette Notification dated March 04,2020, issued by the Government of lndia published under Extraordinary Part-ll, section 3, sub-section (i) in the Gazefte of lndia in terms of section 9 of the Banking companies (Acquisition and rransfer of Undertaking) Act, 1970. ln view of the merger / amalgamation of corporation Bank into Union Bank of India, the applicant name in this case should be read / inserted as Union Bank of lndia instead of Corp[oration Bank-

3. ln accordance with the Notice dated go.o7.2o2o of this Tribunal, Ld. Advocate of Union Bank of lndia has filed an LA. being l.A./189 of 2022 alongwith put-up l.A./188 of 2022 daled 11.02.2022 praying for amendment of cause Tifle in view of amalgamation of corporation Bank with union Bank of lndia vide G.o.l. Notification dated 04.03.2020; and in accordanc,e with the direction of the Tribunal nec,essary amendment in cause tile has been carried out by Ld.Advocate of the applicant Bank on 1s.02.2022, such has been recorded in Ld. Registrar's order dated 15.02.2022.

4. The brief facts of the case as set out by applicant Bank in its original Application, as under:

(i) TheDefendantsNo.l, M/sAbrarBastralayaproprietorshipbusinessof sri Abdul Gaffar Molla, the defendant No.2; and defendant No.3 is the guarantor. The defendant No.1 through its proprietor, sri Abdul Gafiar Molla (defendant No.2) approached the applicant Bank for financial assistanc,e vide an application dated 25.05.2012. Upon consideration of loan application, applicant Bank was pleased to grant / sanction a cash credit facility to the limit of Rs.8,50,000/- (Rupees eight tacs fifty thousand) in favour of the defendant No.1 vide sanction letter dated 01.06.2012 and terms and condition of said sanction were duly accepted and acknowledged by the defendants; copies of loan application dated 25.05.2012 and sanction letter dated 01.06.2012 are annexed and marked as Annexure A-1' & 'A-2' respectively.

(ii) ln acknowledgement of granting the said cash credit facility to the defendant No.1, the defendant No.2 being the proprietor of defendant No.1 executed and delivered the following security documents all dated 01.06.2012 in favour of applicant Bank:

(a) Common Deed of Hypothecation;

(b) Demand Promissory Note for Rs.8,50,000/-;

(c) Take Delivery Lefter; Copies of said documents are annexed and marked as Annexure'A-3', 'A-4' &'A-S' respectively.

f .A.1626 ot 2O2O - DRf -2lKot

(iii) ln consideration of the aforesaid credit facility granted to defendant No.1 , the defendant No.3 duly guaranteed due repayment of all sums that would become due and payable by lvl/s Abnr Bastralay (defendant No.1), a proprietorship business of sri Abdul Gaffar Molla (defendant No.2) by executing and delivering a Guarantee Agreement dated 01.06.2012 in favour of applicant Bank; copy of said guarantee agreement dated 01.06.2012 is annexed and marked as Annexure ,A-5,.

(iv) To secure the aforesaid cash credit facility of Rs.B.50 lakhs, the defendant No.2 being the proprietor of defendant No.1 visited the Bank's premises and duly created equitable mortgage in respect of immovable property, morefully described in schedule.X- 1' at page 23 and para 3A at page 7 to g of the original application, by depositing original Title Deed being No.1 026 for the year 1998 in favour of applicant Bank, and registered in favour of sri Adul Gaffar Molla (Defendant No.2 herein). copies of said Deed No.1026 for the year 1998 is annexed and marked as Annexure'A-7'- Further, the defendant No.2 confirmed the creation of equitable mortgage by deposit of aforesaid Deed being No.1026 of 1998 in favour of applicant Bank vide a Memorandum of deposit of rifle Deed dated 01.06.2012. copy of said Memorandum of deposit of rifle Deed dated 01.06.2012 is annexed and marked as Annexure 'A-8'. Further, the applicant Bank got valued the mortgaged secured property through its empanelled valuer and the valuer submitted the valuation report to the applicant Bank. copy of said valuation Report is annexed and marked as Annexure A-9'.

(v) ln consideration and in acknowledgement of the said credit limit in favour of the defendant No.1, proprietorship concern of defendant No.2, the defendants / borrower(s) executed and delivered an Acknowledgement of Debt / Liability on dated 1l .01.2015 and 05.12.2017 in favour of applicant Bank; copy of said Acknowledgement of DebUliability dated 17.01.2015 and 05.12.2017 are annexed and marked as Annexure lC-10' & 'A- 10(a)'.

5. The Defendants enjoyed the aforesaid cash credit facility by opening Account in Defendant No.1's name (M/sAbrar Bastralay) in Bank'sAmtala Branch, N.D. Road, P.O.- Kanya Nagar, Dist.- South 24-Parganas. However, the defendants failed and neglected to abide by the terms and conditions of the term loan facility. The Defendants did not repay . the outstanding Bank's dues and overdue interests in the loan Account. lnspite of repeated requests and personal contact made by applicant Bank, the defendants failed to regularize the loan Account. Since the defendants did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. on 29.06.2017 . Considering ' the default and violation of the terms and conditions of the credit facility, applicant Bank issued a re-call / demand notice dated 29.10.2018 upon the defendants through its Ld. Advocate calling upon them to repay the outstanding Bank's dues, bulthe defendants did not comply with the said notice; copy of said demand notice dated 29J0.2018 is annexed

T.A./626 of 2020 - DRT-ZKoI and marked as Annexure 'A-11'. certified copies of statement of Accounts along with certificate under Bankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'A-12,), and together with interest pendenti lite and future @ 12.25o/o perannum from 01.10.2018, till realization of the entire due in full, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The notices / summons were sent to the Defendants No.1, 2 & 3 by the Tribunal. lt is observed from s/R and its enclosures that service of summons upon the Defendants by poslal service has been successfully completed, such has been recorded vide Ld. Registrar's order dated 18.03.202s. Despite service, the defendants did not appear nor filed the written statement; thus, all the defendants were ordered to be proceeded ex-pafte vide order dated 13.11,2025. Applicant Bank has filed the English translated copy of Bengali Deed on 26.09.2022. Ld. Advocate of the appticant Bank has been submitted argument on 22. 1 2.2025.

7. Applicant Bank has fited l.A. being LA./536 ot 2022 atong with put-up t.A./535 of 2022 dated 01.04.2022 praying for verification of evidence. The evidence-on-affidavit affirmed by shyamalendu sardar, Branch Manager of applicant Bank,s Amtala Branch, N.D. Road, Amtala, P.o.- Kanya Nagar, Dist.- south 24-parganas along with copy of original documents executed by Defendants. original documents have been produced by applicant Bank; the same have been verified with copies of documents annexed with o.A. and the original documents have been returned to Mr. Naqui lmam, sr. Manager (Law) of Bank's Regional office - Greater Kolkata, 3, Middleton Row, Kolkata - 70007.1 on 11.04.2022, such has been recorded vide Ld. Registrar's order dated 11.M.2022;, accordingly, the said l.A.s are disposed of vide order dated 11.04.2022. The documents produced by applicant Bank are exhibited and annexed at,A-1,to ,A-12'. I have heard the Ld. Advocate ofthe applicant Bank and perusgd the records.

8. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, un- rebutted and its veracity cannot be put to dispute. Applicant Bank has conoborated the averments made in the O.A. Applicant Bank has proved the sanction of cash credit facility of Rs.8.50 lakhs vide sanction letter dated 01.06.2012. Applicant Bank has proved the . creation of equitable mortgage of immovable property, morefully described in schedule 'X- 1'at page 23 and para 3A at page 7 to 9 of the original application.

9. On the point of limitation, Loan has been sanctioned on 01.06.2012; documents havb been executed on 01.06.2012; original Application has been filed on 05.11.201g. Further, the defendants executed and delivered the Acknowledgement of Debt / Liability' on dated 17.01.2015 & 05.12.2017 in favour of applicant Bank acknowledging the outstanding balance in loan account. As such, the original ApplicatiOn appears to have en filed well within the period of limitation.

T.A./626 of 2020 - DRT-ZKo|

10. Applicant Bank has stated that the outstanding barance in cash credit Account (inclusive of accrued interest and other charges as carcurated upto 09.09.201g) is Rs'10,22,360.00 (Rupees ten racs twenty two thousand three hundred sixty) as on 09.09.2018' which is the amount craimed by appricant Bank in the originarApprication, and the defendants No.1 , 2 & 3 are riabre to pay, joinfly and/or severafly, the said amount to the applicant Bank with penden te lite andfuture interest, till realization of the entire due in full. I allow the claim as made by the appricant Bank in the originarApprication. Appricant Bank , has prayed pendenti lite and further interest @ 12.2io/o per annum from 01.10.20.t8, while in sanction letter and Demand promissory Note dated 01.06.2012 the same rate of interest, i.e. @ 12.250/o per annum have been mentioned. Therefore, the pendente rite & future rate of interest @ 12.2so/o per annum, with quarterry rests, from 01.10.201g, is allowed. 11' The matter also falls within the tenitorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved to craim made in the O.A./T.A. The T.A. being T.4./626 of 2020 (arising out of o.A./979 of 201g) deserves to be alrowed; hence ailowed.

12. ln view of the above, I pass the following order :_

ORDER

(i) T.4./626 of 2020 (arising out of o.A./879 of 201 8), fired by appricant Bank, is ailowed and debt is determined with cost against the Defendants No.I, 2 & 3. lt is hereby ordered that the defendants No.'l , 2 & 3 are hereby directed to pay, joinfly and/or severalry the total debt amount of Rs.10,22,360.00 (Rupees ten lacs twenty two thousand three hundred sixty) due and payable, inclusive of interest and other charges as calcurated upto 09.09.2018; and interest for the period pendenfe l'te and future rate @ 12.2s%per annum, with quarterly rests, from 01.10.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants in the loan account or amount, if any, recovered by the applicant Bank after filing of the original Application, the same may be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, lhe pendente lite and future interest shall be calculated on the I reduced amount.

(iii) The defendants No.1 to 3 are debarred from transferring, alienating, encumbering or disposing of the mortgage immovable propefi; described in schedule .x-1' at page 23 and para 3A at page 7 to g of the original application, as under_ M a ed lm ovable P s "ALL THAT land measuing about 20 decimal or l2.ll.cottah be the same litfle m.ore or less along with a single storied building at village - Gazipur, post office - Kanganberia, Police station - Bishnupur, Mouza - Gazipunl.t. t'to.zll, Touzi No-93, c.s. Khatian No.1257, R.s. Dag No.339, Distict - south 24-parganas, west Benga! and registered in favour of Si Abdul Gaffar Motla (Defendant No.i herein) before Additionat Distict sub-Registrar, Bishnupur, 24-parganas (south), west Bengat,'Recorded as Book No.- 1, Pages from 487 to 492, Being No.1026 for the year 1999."-

o T.A./626 of 2020 - DRT-ZKo| The Defendants No.1, 2 & 3 are also debarred from transferring, alienating, encumbering or disposing of any other property(s) either movable or immovable and t assets belonging to them till the aforesaid a-djudicated debt amount are recovered from the Defendants No.1 to 3.

(iv) The defendants No.1, 2 & 3 are given a time of sixty days from the date of this Final order / Judgment for repayment of the above mentioned dues, so intimated to them. rn case the Defendants fair to pay the dues within the above mentioned time, the appricant Bank is entitled to recover its dues by sare of secured properties, as aforesaid. Appricant Bank is also entitred to proceed against personar properties of the Defendants No.1 to 3 both moveabre and immoveabre and arso proceed against the Defendants No.2 & 3 personally to recover the dues, in accordance with law.

(v) Let the certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of r Final order / Judgment for issuance of the same against the Defendants No.l, 2 & 3 in favour of applicant Bank under Section 19(22) of the Recovery of Debts and Bankruptcy Act, 1993 (amended from time to time) and put up the same for signature for issuance.

(vi) Ld- Recovery officer shall realize the amount as per the Recovery certificate from the Defendants No.1, 2 & 3, in accordance with law.

(vii) Ld. Registrar of this Tribunal is directed to place Recovery certificate in terms of this Final Order / Judgment under section 19(22) of the Act of 1993. Accordingry, the originar Apptication, being T.AJ626 ot 2020 (arising out of O.AJ879 of 2018) is attowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the O9thdayofFebruary 2026. ' copy of the Final order / Judgment be uproaded in the Tribunals website. At*-l il,n Lu, ,7-rd Presiding Officer DRT-2, Kolkata tb