UCO BANK vs JAYANTA DAS on 18 February 2026

Order

Office action with date and dated Signature of parties when necessary 1 7 18.02.2026 Order with Signature Counsel for the parties: Ms. Amrita Khasnabish and Mr. Kaushik patra, Ld. Advocates representing Mr S. Pal Choudhuri, Ld. Counsel for the applicant Bank. None for the defendants. T.A.l02 ot 2020 (arising out of O.A./441 of 2018 - DRT- 3/Kol) is allowed and disposed of. Final Order / Judgment is in separate sheet of 5 pages. File be consigned to record room. Order be uploaded on the Tribunal's website.-a' (Arbind Madhav) Presiding Ofiicer DRT-2, Kolkata

r.A.lO2 ol 2O2O - DRr-2fi<ot DEBTS RECOVERY TRIBUNAL .2, KOLKATA Jeevan Sudha Bldg. 07s Floor,4ZC, J.L. Nehru Road, Kolkata _lOOOZl Before Shri Arbind Madhav. Presidinq Officer T.A. No.02 of 2020 (Arising out otO.A.t441of 2-19) ln the matter of - UCo Bank, a body corporate constituted under Banking companies (Acquisition & Transfer of Undertakings) Act, 1970, having its Head office at lL 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- Jayanta Das, son of Kalipada Das, residing at Halisahar, 2 No. Khasbati Govt. Colony, P.O.- Hazinagar, Dist.- 24-Parganas (North), pin - 743135, West Bengat. Dalia Das, wife of Jayanta Das, residing at Halisahar, 2 No. Khasbati Govt. colony, P.O.- Hazinagar, Dist.- 24-Parganas (North), pin - 743135, West Bengal. Defendants Counsel for parties: For the Applicant Bank : Mr. Saudip Pal Choudhuri (Pal Choudhuri & Co). : Ex-Pade.

For the Defendants

FINAL ORDER

'

JUDGMENT

Delivered on 1 8.02.2026 Applicant, UCO Bank instituted the present Application being the Original Application No.44'l of 2018 filed in DRT-3, Kotkata on 01.06.2018 against two Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.12,74,487.00 (Rupees twelve lacs seventy four thousand four hundred eighty seven) including interest calculated upto 31.03.2018 together with interest pendenti lite and future @ 9.607o per annum with quarterly rests from 01.04.2018, . 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 Orderdated 24.10.2019 and the same has been renumbered ' as T .A.lO2 o't 2020 vide Ld. Registrar's order dated 30. 10.201 I

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

(i) The Defendants No.1 & 2 approached and applied to the applicant Bank for credit accommodation by way of application dated 14.09.2012. upon consideration of said ' application, applicant Bank was pleased to sanction / grant one Loan under UCo shelter to the extent of Rs.12,50,000/- (Rupees twenty lakhs fifty thousand) to the defendants vide sanction letter dated 10.0i.2013. The defendants agreed to repay the entire dues by 240 EMls @ Rs.24,800/- each along with interest @ 1o.so% per annum with monthly rests. Copy of said application letter and copy of sanction letter are annexed and marked with Lefter'A'&'A-1'.

(ii) ln acknowledgement of granting the aforesaid credit facility of Rs..12.50 lacs, the ' defendants executed and delivered the following loan documents all dated 10.01.2013 in favour of applicant Bank:

(a) Demand Promissory Note for Rs.12,50,000/-; (b) One Loan agreement;

(c) One Consent Clause;

(d) One Revival Letter; Copy of said documents are annexed and marked with Gtter ,A-2, to A-5, respectively.

(iii) To secure the aforesaid credit facility granted to the defendants, the defendants No.1 & 2 visited the Bank's premises on dated 14.09.2012 to one letter of undertaking . against 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.1321 of 2006 with the applicant Bank. copiesofsaidtitledeed,copyoftheletterofdepositoftifledeed,copyoftheletter' of undertaking against the immovable property and Valuation are annexed and marked with Letters'A-6','A-7','A-8' &'A-9' respectively.

3. The Defendants enjoyed the said credit facility by openingAccount 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 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. Thereafter, Applicant Bank issued Demand and/or recall notice dated 01.04.2018 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-10'. Certified 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 'A-11'), and inleresl pendenti lite

T.AJ02 of 2020 - DRT-2/Kol and further @ 9.60% per annum with monthly rests from 01.04.2018, till realization of the entire due in full, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

4. The notices / summons was sent to the Defendants No.1 & 2 by the Tribunal. lt is seen from the S/R on afiidavit and its enclosures dated 07.10.2023 that service of . summons upon the Defendants has been successfully efiected, such has been recorded vide Ld. Register's order dated 20.12.2023. Applicant Bank also filed the English translation copy of Bengali Deed of the mortgaged properg, such has been recorded vide Ld. Registrar's order dated 20.'12.2023. Despite service, the defendants did not appear ' nor filed the written statement; thus, both the defendants were ordered to be proceeded ex-pade vide order dated 15.04.2024. Applicant Bank has filed the written notes of argument on 11 .08.2025 thereby stated the brief facts of the case ashas been narrated in the original application. 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 - 743145 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 Jay Kumar Shaw, Manager of Bank's Kancharapara Branch, Dist.- 24- Parganas (North) on 2O.M.2023, such has been recorded in Ld. Registrar's order dated

20. U.2023. The documents produced by applicant Bank are exhibited and annexed as Exhibits 'A' & 'A-1 ' to 'A-1 1'. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

6. Evidenceon-afridavit, filed by applicant Bank, has remained unchallenged, un- rebutted and ib 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 credit facilig of Rs.12,50,000/- vide sanction letter dated 10.01.2013. 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 '10.0'l .201 3; loan / security documents have been executed & delivered on dated 10.01.2013 and original application has been filed on 01.06.2018. The defendants No.1 & 2 created eguitable mortgage in respect of immovable property by depositing Title Deed on dated 14.09.2012 being the Title Deed No.1321 of 2006 in favour of applicant Bank. Hence, on the basis of mortgage created on 14.09.2012, the claim / original Application is filed well within the period of limitation as prescribed u/s 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.

T.A.lO2 of 2020 - DRT-UK}!

8. Applicant Bank has stated that the outstanding balance in Loan Account (inclusive of accrued lnterest and other charges as calculated upto 3.1.03.201g) for a sum of Rs.12,74,487.00 (Rupees twerve racs seventy four thousand four hundred eighty seven) . as on 31.03.2018, which is the amount claimed by applicant Bank in the original Rppiication, and the defendants No.1 & 2 are, joinfly and/or severally, liable to repay the said amount to the applicant Bank with pendente tite and future interest, till realization in full. I allow the claim as made by the applicant Bank in the original Application. Appticant Bank has prayed pendenti lite and further interest @ 9.60% per annum with quarterly rests from 01.04.2018 till realization of the entire due in full, while in Demand promissory Note dated 10.01.2013 the rate of interest @ 1o.soo/o per annum, has been mentioned. The . borrower(s) / defendants have taken loan in the nature of ,UCo shelter Loan,; therefore, lhe pendente /lfe & future rate of interest which has been claimed by applicant Bank in the original application, i.e. @ 9.60% per annum, simple, from 01.04.2o1g, 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./02 ot 2o2o (arising out of o .A.t441 of 2o1g) deserves to be allowed; hence allowed.

10. ln view of the above, I pass the following order :- o RDER (D T.A./02 ol 2020 (arising out of o.A./441 ot 2o1B) filed by applicant Bank, is allowed . 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, joinfly and / or severally, the total debt amount of Rs.12,74,497.00 (Rupees twelve lacs seventy four thousand four hundred eighty seven) due and payable, inclusive of interest and other charges as calculated upto . 31.03.2018; and interest for the period pendente tite and future @ 9.60% per annum, simple, from 01.04.2018, 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 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 No.1 & 2. Accordingly, lhe pendente lite and future interest shall be calculated on the reduced amount.

(iii) Defendants No.1 & 2 are debarred from transferring, alienating, encumbering or disposing of the mortgaged immovable property; described in Schedule,A'at page 19 and para 34 at page 6 & 7 of the original application: Mortoa ed lmmovable Prooertv: . "Book No.l, Volume No.33, Pages 287, Being No.1321 for the year 2006, registered with the Office of the Addl. Sib-Registrar, Naihati, 24-paganas fiortfl." a

T.A./02 of 2020 - DRT-2iKol The Defendants No.1 & 2 are also debarred from transferring, alienating, encumbering or dlsposing 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 mentioned 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 brthwith in terms of Final Order/ Judgment for issuance of the same against the Defendants No.1 & 2 in favour of applicant Bank under Section 19(22) ot the Recovery of Debts and Bankruptry 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 Certlficate in terms of this Final Order / Judgment under section 19(22) of the Act of 1993. Accordingly, the Original Application, being T.AJ02 ot 2O2O (arising out of OAJ441 ol2O18 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 18u day of February, 2026. Copy of the Final Order / Judgment be uploaded on the Tribunal's Website. A 45tr1 (Arbin hav) Presiding Ofiicer DRT-2, Kolkata t b