UCO BANK vs SOMNATH ROY on 18 February 2026

Order

18. O2.2026 Office action with date and dated Signature of parties when necessary Order with Signature Counsel for the parties: Ms. Amdta Khasnabish and Mr. Kaushik patra, Ld. Advocates representing Mr. S. pal Choudhuri, Ld. Counsel for the applicant Bank. None for the defendants. T.A.1423 of 2020 (arising out of 0.A./906 of 2018 - DRT- 3/Kol) is allowed and disposed of. Final Order / Judgment is in separate sheet of S pages. File be consigned to record room. Order be uploaded on the Tribunal's website. @- (Arbind Madhav) Presiding Ofiicer DRT-2, Kolkata

T.A-1423 ol2O2O - DRT-2/Ko| DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan Sudha Bldg. 07h Floor,4ZC, J.L. Nehru Road, Kolkata -7OOO71 Before Shri Arbind Madhav. Presidino Officer T.A. No.423 ot 2020 (Arising out of 0.A./906 of 2018) ln the matter of - UGo Bank, a body tcorporate constituted under Banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Head office at .10, Brabourne Road, . Kolkata - 700001, and carrying on Banking business, inter-alia, through its Kanchrapara Branch, 109 ABc Lenin sarani, P.o.- Kanchrapara, Dist.- 24-parganas (North), pin - 743145, West Bengal. Applicant Bank -Versus- Somnath Roy, son of sudhanshu Roy, having its residence and/or carrying on business at 9/9, Laxminagar, p.O.- Hazinagar, p.S.- Bizpur, Dist._ 24_parganas (North), Pin - 743135, West Bengat. Kakali Roy, wife of somnath Roy, having its residence and/or carrying on business at 9/9, Laxminagar, P.O.- Hazinagar, p.S.- Bizpur, Dist.- 24-parganas (North), pin _ 743135, West Bengal. Defendants Counsel for parties: For the Applicant Bank : Mr. Saudip Pal Choudhuri (Pal Choudhuri & Co). : Ex-Parte. For the Defendants FINAL ORDE R /JUDGMENT Delivered on 18.02.2026 Applicant, UCo Bank instituted the present Application being the originar Application No.906 of 2018 fited in DRT-3, Kotkata on 09.11.201g against two Defendants under section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.20,0i,494.00 (Rupees twenty hcJone thousand four hundred ninety four) including interest calculated upto 30.09.2018 together with interest pendenti lite and future @ 11.6o0/o per annum with monthly rests from 01.10.201g, till realization of the entire due in full. 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(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' asT.A.l42g ot 2O2O vide Ld. Registrar,s order dated 25.06.2020 .a a

f .4.1423 ol 2O2O - DRT-2yKot

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

(i) The Defendant No.1 approached and applied to the applicant Bank for credit accommodation by way of application dated 04,,01.2012. Upon consideration of said application, applicant Bank was pleased to sanction / grant one Housing Loan to the limit of Rs.9'90,000/- (Rupees nine lakhs ninety thousand) to the defendant No.'l vide sanction letter dated 20.01.2012. The defendants agreed to repay the entire dues by 240 EMls @ Rs.1'1,100/- each along with interest @ 9.60% per annum with monthly rests. copy of said application letter and copy of sanction letter are annexed and marked with Letter ,A' & A-1',.

(ii) ln acknowledgement of granting the aforesaid credit facility of Rs..9.90 lacs to the defendant No.1, the defendants No.1 & 2 executed and delivered the following loan documents all dated 20.01 .2012 in favour of applicant Bank:

(a) Demand Promissory Note for Rs.9,90,000/-; (b) One Loan agreement;

(c) One Text of the Consent Clause;

(d) Revival Lefter; Copy of said documents are annexed and marked with Letter ,A-2, to A_5, respectively.

(iii) To secure the aforesaid credit facility granted to the defendants, the defendant No.1 visited the Bank's premises on dated 20.01.2012 with a view to create equitable Mortgage of the immovable property; described in Schedule ,A' at page 19 and para 3A at page 6 & 7 of the original application, and created equitable mortgage in respect of immovable property by depositing Title Deed being No. l-1134 ot 2012 with the applicant Bank. The defendant No.1 has duly confirmed the aforesaid deposit of tifle deed(s) by letter dated 22.02.2012. Copies of said title deed, letter of equitable mortgage dated' 22.02.2012 and valuation repo( are annexed and marked with Letters'A6','A-7'&'A-8' respectively.

3. The Defendants enjoyed the said credit facility by opening Account in Bank's . Kanchrapara Branch, P.O.- Hazinagar, Dist.- 24-Parganas (North), Pin - 743145. However, the defendants failed and neglected to abide by the terms and conditions of the facility. The Defendants did not repay the outstanding Bank's dues and overdue interests in loan Account. lnspite of repeated requests made by applicant BEnk, 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. Thereafter, applicant Bank issued Demand and/or recall notice dated 11.10.2018 upon the defendants through its Advocate demanding to repay the outstanding loan amount, but the defendants did not comply with the said notice; copy of notice dated 01 .04.2018 is ' annexed and marked with letter 'A-9'. Certified copies of Statement of Account along

T.4.t423 ot 2020 _ DRT-2/Kot with cenificate under Bankers' Books of Evidence Act, with interest calculation sheet, have been filed to show and prove the dues (Annexure A-10,), and interest pendenti lite and further @ 11.600/o per annum with monthly rests from 01.10.201g, till realization of the entire due in full, has been prayed. Applicant Bank submitted that their claim in the. Application is within limitation.

1. The notices / summons was sent to the Defendants No.1 & 2 by the Tribunal. lt is seen from the s/R on affidavit and its enclosures dated 24.0g.2023 that service of summons upon the Defendants was not successfully effected, such has been recorded vide Ld. Register's order dated 2g.og.2o2g. At the request of Ld. Advocate of the applicant Bank, Ld. Tribunal is directed to serve the summons upon the defendants No.1 & 2 by way of paper pubrication; and Ld. Advocate of appricant Bank has brought on. record the affidavit of service on publication dated 22.04.2024 along with relevant portion of paper cuttings in two newspapers, namely (i) ,The sfafesman, in English and (ii) 'Aajkal'in Bengali, both dated 10.11.2023, such has been recorded vide Ld. Registrais. order dated 22.04.2024. Despite service, the defendants did not appear nor filed the written statement; thus, both the defendants were ordered to be proceede d ex-parte vide order dated 01.08.2024. Ld. Advocate of the applicant Bank has submitted argument on dated '19.01.2026. 5' Applicant Bank has filed the evidence on Affidavit affirmed by sanjay Kr. prodhan, Manager of Bank's Kancharapara Branch, Dist- 24-parganas (North), pin - 74314s along with the copies of original documents executed by Defendants. 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 santosh Kumar sharma, Manager of Bank's Kancharapara Branch, p.o.- Kanchrapara, Dist.- 24-Parganas (North) on 09.01.2023, such has been recorded in Ld.' Registrar's order dated 09.01.2023. The documents produced by applicant Bank are exhibited and annexed as Exhibits'A' &'A-1' to'A-10'. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

6. Evidenceon-affidavit, filed by applicant Bank, has remained unchallenged, un- rebutted and its veracity cannot be put to dispute. Applicant Bank has corroborated the averments made in the O.A. / T.A. Applicant Bank has proved the sanction the housing loan facility to the limit of Rs.9,90,000/- vide sanction lefter dated 20.01.2012. Applicant' Bank has proved the creation of mortgage in respect of immovable property; described in Schedule'A'at page 19 and para 3A at page 6 & 7 of the original application.

7. On the point of limitation, Loan has been sanctioned on 20.01.2012: loan I security . documents have been executed & delivered on dated 20.01.2012 and original application has been filed on 09.1 1.2018. The defendant No.1 created equitable mortgage in respect of immovable property by depositing Title Deed on dated 20.01 .2012 being the Title Deed No. l-1134 ot 2012 in favour of applicant Bank; also the said defendant has duly , confirmed the deposit of title deed(s) by lefter dahed22.02.2012. Hence, on the basis of a

T .A.t42g ot ZO2O - DRT-2/Ko| mortgage created and confirmed on 22.02.2012, the claim / original Application is filed well within the period of limitation as prescribed uls 24 of RDB Act, 1993 (as amended from time to time). 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 Housing Loan Account . (inclusive of accrued lnterest and other charges as calculated upto 30.09.201g) for a sum of Rs.20,01,494.00 (Rupees twenty lacs one thousand four hundred ninety four) as on 30.09.2018, which is the amount claimed by applicant Bank in the original Apptication, and the defendants No.1 & 2 are, joinfly and/or severally, liable to repay the said amount. to the applicant Bank with pendente lite and future interest, till realization in full. I allow the claim as made by applicant Bank in the original Application. Applicant Bank has prayed pendenti lite and further interest @ 11.600/o per annum with-monthly rests from

01. '10.2018 till realization of the entire due in full; while in Demand promissory Note dated 20.01.2012 no rate of interest has been mentioned, but in para (v) at page 9 of o.A. it has been mentioned that the defendants agreed' to repay the loan amount on demand along with interest @ 9.607o per annum with monthly rests. The bonower(s) / defendants' have taken the credit accommodation in the nature of 'Housing Loan'; therefore, the pendente /ife & future rate of interest @ 9.600/o per annum, simple, from 01.10.201g, is allowed.

9. The matter 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 T.A./423 of 2o2o (arising out of 0.A./906 of 2018) deserves to be allowed; hence allowed.

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

(i) T .A.1423 ot 2020 (arising out of 0.4./906 of 2018) filed by appticant Bank, is aflowed . and debt is determined with cost against the Defendants No.1 & 2. lt is hereby ordered that the Defendants No.1 & 2 are hereby directed to pay, jointly and I or severally, the total debt amount of Rs.20,01,494.00 (Rupees twenty lacs one thousand four hundred ninety four) due and payable, inclusive of interest and other charges as calculated upto' 30.09.2018; and interest for the period pendente lite and future @ 9.60% per annum, simple, ftom 01.10.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants in the loan accounFor amount, if any, recovered by applicant Bank after filing of the Original Application, the same may be taken into account while ariving at the exact amount of dueVdebt payable by the Defendants No.l & 2. Accordingly, lhe pendente tite and future interest shall be calculated on the reduced amount.

(iii) Defendants No.1 & 2 are debarred from transfening, alienating, encumbering or disposing of the mortgaged immovable property; described in Schedule A' at page 19 ' and para 3A at page 6 & 7 of the original application: p

T .A.1423 ot 2O2O - DRT-2/Ko| Mo aqed lmmovable P rtv: "Title Deed No. l-1134 for the year 2012 in the name of somnath Roy at Mouza _ Jonepur, J.L. No.04, Khatian No.679, Dag No.52, Ward No.04, ,nO"ik"n"nrrp"r" Municipality. " The Defendants No.1 & 2 are also debarred from transferring, alienating, encumbering or disposing any other properg(s) and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants.

(iv) Defendants No.1 & 2 are given a time of sixty days from the date of this Final order / Judgment for repayment of the above meintioned dues, so intimated to them. ln case the Defendants fail to pay the dues within the above mentioned time, the 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 properties of the Defendants No.1 & 2 both moveable and immoveable and also proceed against the Defendants No.1 . & 2 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 Defendants No.1 & 2 in favour of applicant Bank under Section 1g(22) ot 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 Defendants No.1 & 2, in accordance with law.

(vii) Ld. Registrar of this Tribunal is directed to place Recovery Ceilificate in terms of this Final Order / Judgment under section 19(22) of the Act of 1 993. Accordingly, the Original Application, being TAJ423 ot 2O2O (arising out of OAJ906 of 2018 is allowed and stands disposed of. File be consigned to Record room. This order is dictated and corrected by the undersigned and pronounced on this the 18th day of February, 2026. Copy of the Final Order / Judgment be uploaded on the Tribunal,s Website. Art*",a_ 16)1"" (Arbind M5m' Presiding Officer DRT-2, Kolkata tb