UNION BANK OF INDIA vs DEBABRAT KUMAR ROY on 13 February 2026

Order

Ofiice action with date and dated Signature of parties when necessary

13.02.2026 Order with Signature Counsel for the parties: Ms. M.M. Dubey, Ld. Advocate representing Mr. DebaIi Nandan Maiti, Ld. Counsel for the applicant Bank. None for the defendant. T.A.t43.t of 2O2O (arising out of O.A.IBSZ of 2018) is allowed and disposed ol Final Order / Judgment is in separate sheet of 5 pages. File be consigned to record room. Order be uploaded on the Tribunal,s website. ,ffir.:^hav) Presiding Oftcer DRT-2, Kotkata

r.4.1431 ol2020 - DRT-2yKo| DEBTS RECOVERY TRIBUNAL .2, KOLKATA Jeevan Sudha Bldg. 07s Floor,42lC, J.L. Nehru Road, Kolkata -lOOOZl Before Shri Arbind Madhav. Presidinq Officer T.A. No. 431 ot 2O2O (Arising out of O.A.1857 ot 2018) ln the matter of- Union Bank of lndia, a body corporate constituted under the Banking companies. (Acquisition and rransfer of Undertaking)Act,1g7O having its head office at Mumbai carrying on business through its various branches, including one at sait Lake city Branch, having office alCG-2%, Sector ll, Salt Lake, Kolkata-700091. Applicant Bank -Versus- Mr, Debabrata Kumar Roy, son of Ranjan Roy, residing_at prafulla Kanan (Pashchim) Rajarhat Gopalpur, Baguihati, Dist.- North 24 Parganas, pin - 700101, and also at Provident Fund Commissioners Office, Employees provident Fund Organisation, D K Block, Sector-ll, Salt Lake City, Kolkata - 700091. Defendant

Counsel for parties: For the Applicant Bank For the Defendant : Mr. Debaki Nandan Maiti : Ex-Pade. FINAL ORDER'JUDGMENT Delivered on 1 3.02.2026 Applicant, Union Bank of lndia instituted the present Application being the Original Application No.857 of 2018 filed in DRT-3, Kolkata on 31 .10.2018 against single Defendant under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for realization of Rs 21,06,289.50 (Rupees twenty one lac six thousand two hundred eighty nine and paise fifty) inclusive of interest calculated upto 30.09.2018 with further interest @ 9.650/o per annum with monthly rests from 01.10.2018, till realization of the entire dues. Subsequently, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble Chairperson DRAT, Kolkata's direction vide letter No.4/6/DRAT/KOU2018(pI.) dated 16.09.2019 and the same has been renumbered as T.4.1431 ot2O2O.

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

T.4.1431 ol 2O2O - DRT-2/Kot

(i) The Defendant approached the applicant Bank for the sanction of a Housing Loan vide application. Upon considering the loan application, applicant Bank was pleased gto sanction a Housing / Term Loan of Rs.19,20,000/- (Rupees nineteen lacs twenty thousand) to the defendant vide sanction letter dated 29.12.2015 on certain terms and conditions as mentioned in the sanction letter. copies of the application for Loan and sanction Letter dated 29.12.201s are annexed and marked as Annexure ,A' & .B,.

(ii) ln consideration of the aforesaid credit facility of Rs.19.20 lacs, the defendant executed and delivered the following loan documents all dated 04.01.2016 in favour of applicant Bank:

(a) Housing Loan Agreement (SD-l1);

(b) Demand Promissory Note for Rs.19,20,000/-;

(c) Letter of Continuity;

(d) Agreement for Rate of lnterest (SD 2a); (e) Letter of Undertaking from borrower. Copy of said documents are annexed and marked as Annexures "C", "D,, .E", "F" and "G'respectively.

(iii) To secure the aforesaid loan facility, the defendant created equitable mortgage in respect of his immovable property, described in para 5.4 at page 10 and para 38 at page 7 & 8 of the original application, by depositing registered Deed of Sale being No.g3 for the year 2016 with the applicant Bank and issued confirmation oi deposit of deed in respect of their right, title and interest in the immovable property. copies of the Memorandum of Deposit of ritle Deed and the said ritle Deed being No.g3 of 2016 are annexed and marked with letters "H'& "l'.

3. The Defendant availed and enjoyed the said Housing / Term facility by opening Account in Bank's Salt Lake City Branch, Sector ll, Salt Lake, Kolkata - 7OOO91. However, the defendant failed and neglected to operate the said Loan Account. The Defendant did not repay the agreed EMls and overdue interests in loan Account. since the defendant did not pay any attention to regularize the Account, the Account became out of order and was classified as N.P.A. on 31.05.2018. The defendant then made a Debit Balance Confirmation letter for his loan account for an amount el Rs.20,32,2281- as on 10.05.2018; copy of simple debit confirmation is annexed and marked with Letter'J'. Applicant Bank then having no other altemative issued a notice U/s 13(2) of the Sarfaesi Act, 2002 dated 19.06.2018 upon the defendant demanding repayment of outstanding loan amount, but the defendant / borrower did not comply the said notice; copy of said notice dated 19.06.2018 is annexed and marked as with Letter 'K'. Certlfied copies of Statement of Account along with Certificate under Bankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure 'L'), and , future interest @ 9.65% per annum with monthly rests, from 01.10.2018, till realization in full, has been prayed. Applicant Bank has submifted that their claim in the Application is within limitation.

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4. The notice / summons was sent to the Defendant by the Tribunal. lt is observed from the afiidavit of service dated 31.10.2022 and 06.12.2022 thal service of Notice / summons by postal service and hand delivery have not been successfully efiected upon the Defendant, such has been recorded vide Ld. Registra/s orderEated 0g.11.2022 & 07.12.2022 respectively. At the request of Ld. Advocate of the applicant Bank, Ld. Tribunal is directed to serve the summon upon the defendant by way of paper publication; and Ld. Advocate of applicant Bank has brought on record the affidavit of service on publication dated 08.02.2023 along with relevant portion of paper cuttings in two newspapers, namely (i) 'The rrmes of lndia'in English and (ii) 'yugasankha,in Bengali, both dated 05.02.2023, such has been recorded vide Ld. Registrar,s order dated 08.02.2023. Despite service, the defendants did not appear nor filed the written . statement; thus, the defendant was ordered to be proceede d ex-parte vide order dated 02.04.2024. Ld. Advocate of the applioant Bank has submitted argument on dated 14.01.2026.

5. Applicant Bank has filed the evidence-on-Affidavit affirmed by Krishna Shankar ojha, chief Manager of Bank's salt Lake city Branch, at cG-234, sectir-ll, salt Lake, Kolkata - 700091 along with copies of original documents executed by the Defendant. original documents have been produced by applicant Bank; the same have been verified with copies of the documents annexed with o.A. and after verification the original documents have been returned to Sri subroto Goswamy, sr. Manager of Bank's salt Lake City Branch, CG-2U, Sectir-ll, Kolkata - 7OOO91 on 20.06.2022, such has been. recorded vide Ld. Registrar's order dated 20.06.2022. The documents produced by applicant Bank are exhibited and annexed at A-1 to A-1 1. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

6. EvkJence-on-affidavit filed by applicant Bank, has remained unchallenged, un- rebutted and its veracity cannot be put to dispde. Applicant Bank has coroborated the averments made in the o.A. / T.A. Applicant Bank has proved the sanction f Housing / Term Loan facility of Rs.19.20 lakhs vide sanction letter dated 29.12.2015. Applicant Bank has proved the creation of mortgaged immovable properg; described in para 5.4 at page 10 and para 38 at page 7 & 8 of the original application.

7. On the point of limitation, Loan has been sanctioned on 29.12.2015; loan / security documents have been executed on 04.01.2016 and original Application has been filed on ' 31.10.2018. As such, the original Application appears to have been filed well within the period of limitation.

8. Applicant Bank has stated that the outstanding balance in Loao Account (inclusive of accrued interest and other charges as calculated upto 30.09.2018) is Rs 21,06,289.50 (Rupees twenty one lac six thousand two hundred eighty nine and paise fifty) as on 30.09.2018, which is the amount claimed by applicant Bank in the original Application, and the sole defendant is liable to repay the said amount to the applicant Bank with ' pendente lite and future interest, till realization of entire dues. I allow the claim as made

o ,.A./431 of 2o2o - DRT-,,K, by applicant Bank in the original Application. Applicant Bank has prayed future interest @ 9.65% per annum with monthly rests from 01.10.2018 till realization, while in sanction letter dated 29.12.2015 the same rate of interest, i.e. @ 9.65yo per annum (Floating) at monthly rest, has been mentioned, lt is seen that the defendant / borrower has taken the loan for house building purpose; therefore, lhe pendente /ife & future rate of interest @ 9.65% per annum, simple, from 01,10.201g, is allowed.

9. The mafter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved its claim made in the o.A. The original application being TA 43112020 (arising out of oA/857 of 2018) deserves to be ailowed; hence allowed.

10. ln view of the above, I pass the following order:-

ORDER

(i) TA 43112020 (arising out of oA/857 of 2018) fited by applicant Bank, is allowed and debt is determined with cost against the Defendant. lt is hereby ordered that the Defendant is hereby directed to pay, the total debt amount of Rs 21,06,2g9.50 (Rupees twenty one lac six thousand two hundred eighty nine and paise fiffy) due and payable, . inclusive of interest and other charges as calculated upto 30.09.201g; and interest for the period pendente lite and future rate @ 9.65% per annum, simple, from 01.10.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendant in the roan 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 Defendant. Accordingly, the pendente lite and future interest shall be calculated on the. reduced amount.

(iii) The defendant is debarred from transferring, alienating, encumbering or disposing of the hypothecated movable assets, described in para 5.4 at page 10 and para 38 at page 7 & 8 of the original application, as under: lmmovea "All that the Flat No.403 on the Third Floor measuring about more or tess BOO sq.ft. marble flooing (super built up area) south east side at Hotding No.S7, Jiban Ratan Dhar Road, Ward No.l0, District - North 24 Parganas within the juisdiction of Dumdum Municipality." The Defendant is also debarred from transferring, alienating, encumbering or disposing of any other property(s) either movable or immovable and assets belonging to him till the aforesaid adjudicated debt amount are recovered from the Defendant.

(iv) The defendant is given a time of sixty days from the date of this Final Order / Judgment for repayment of the above mentioned dues, so intimated to him. ln case the Defendant fails to pay the dues within the above mentioned time, applicant Bank is , entitled to recover its dues by sale of secured property(s), as aforesaid. Applicant Bank is also entitled to proceed against personal property(s) of the Defendant both moveable

f .A.1431 ot 2O2O - DRT-2yKoI and immoveabre and also proceed against the Defendant 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 Final order / Judgment for issuance of the same against the sole Dqfendant 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 Defendant, 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. Accordingly, the Originai Apptication, being T.AJ431 ot 2020 (arising out of O.AJ857 of 20181is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the l3stday of February, 2026. copy of the Final order / Judgment be uproaded in the Tribuna-Is website. t, ind Mad Presiding Officer DRT-2, Kolkata kkb