UNION BANK OF INDIA vs M/S DREAMLAND EMBROIDARY on 6 March 2026

1. M/s DREAMLAND EMBRoTDARy, proprietor of Rama Hazra, having its principar place of business at Mllage-shibhugli, po-paschim Rameswarpur, police station_ Maheshtala, District- South 24 parganas, pin -700.140, West Bengal. 2- RAMA HAZRA, Proprietor of M/s Dreamrand Embroidary, having its principar prace of business and/or residence at Village- Shibhugli, po-paschim Rameswarpur, Police station- Maheshtala, District- south 24 parganas, pin - 7oo14o, west Bengal.

3. sRl rAPAN KUMAR HAZRA, having its principar place of business and/or residence at Village- shibugli, po-pachim Rameswarpur, police station- Maheshtala, District- South 24 parganas, pin - 700140, West Bengal. Defendants Counsel for parties: For the Applicant Bank For the Defendants : Ms. Smruti Rekha Mishra : Ex-Pafte. FINAL ORDER / JUDGMENT Delivered on 06.03.2026 Applicant Union Bank of lndia (erstwhile coRpoRATloN BANK) instituted the present Application being the Original Application No. 0.4./363 of 20.18 fited in DRT-3, Kolkata on 14.05.2018 against three Defendants under section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for realization of Rs.14,24,933.60 (Rupees Fourteen Lac Twenty-Four Thousand Nine Hundred rhirty Three and paise sixty) as calculated upto 31.03.2018 with interest @1'1.40% per annum, from 01.04.2018, till final realization of the entire dues. subsequenfly, the instant case has been transferred to DRT-2, Kolkata vide the Hon'ble chairperson DRAT, Kolkata,s €

T4/62 of 2020 - ORT-2/Kot direction vide letter No.4/6/DRAT/Kou2o1s(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.4./62 ol 2o2o vide Ld. Registra/s, Kolkata DRT-2,s order dated 05.11.2019.

2. Pursuant to the Gazette Notification No.G.s.R.156(E) dated 04.03.2020 of the Government of lndia, corporation Bank has been acquired by Union Bank of lndia, under section 35 of Union Bank of rndia scheme,1955 with effect from 01.(N.2020, the Applicant Name in this case should be read / inserted as United Bank of lndia instead of Corporation Bank.

3. ln accordance with the Notice of this Tribunal, Ld. Advocate for Applicant Bank has filed a petition praying for amendment of cause Tifle in view of amalgamation; and in accordance with the direction of the Tribunal necessary amendment in cause tifle has been carried out by Ld. Advocate ofthe applicant Bank on 09.10.2020.

4. The Defendants are served with summons. The Defendants did not appear, as there was no representation from the Defendants, the case was fixed for ex-parte hearing on 23. 12.2025 and heard ex-parte according ly.

5. The Applicant Bank has examined documents through shyamarendu Sardar, working for gain as a Branch Manager marked as Exhibits Annexure "A_1'to Exhibit Annexure "A-14" in this OA.

i. Annexure'A-1'-Application07.05.2013

ii. Annexure A-2"- Sanction dated 07.05.2013.

iii. Annexure 'A-3"- Request for overdrafr facility dated Ol.OS.2O,lg

iv. Annexure'A4"- common Deed of Hypothecation dated 07.05.2013 v. Annexure'A-S'- Demand promissory Note dated OZ.OS.2O1}

vi. Annexure 'A-6"- Take Delivery Letter to DpN dated Ol.OS.2O13

vii. Annexure 'A-7"- Letter of Continuity dated 07.05.2013

viii. Annexure'A-B'- GuaranteeAgreementdated 07.05.20,13

ix. Annexure ?-9'- Deed No.0g566 for the year 2009

x. Annexure'A-101 Memorandum of Deposit of rifle Deeds dated 07.os.zo13

xi. Annexure 'A-11"- Valuation Report

xii. Annexure'A-12"- Acknowledgement of Debuliability dated 15.11.2014

xiii. Annexure ?-13"- Recall, Demand and Notice dated 0s.05.201g along with postal receipts

xiv. Annexure ?-14'- statement of Account of corp Laghu Udyami cash credit facility being Account No.560371 000375326(CLUCC/O.t/1 3OO1 S).

6. To secure the aforesaid facility granted to the defendant No.1, the defendant No.3 visited the Bank's premises and created equitable mortgage in respect of immovable property, morefully described in schedule at page 2g and para 3A at page g to 1,1 of the original application, by depositing Title Deed being No.09566 for the year 2009 with the applicant Bank. The said defendant No.3 confirmed the creation ot ri-ortgage by deposit a

TA/62 of 2020 - DRT-ZKo| the aforesaid deed vide a Memorandum of deposit of rifle Deed dated 07.05.2013 in favour of applicant Bank.

7. Heard the Ld. Counsel for the Applicant Bank

8. The point that arises for consideration is: \Mrether the Applicant Bank is entifled to the claim made in the oA against the Defendant and OA schedule properties as prayed for? 9' As stated supra, the Defendants remained absent and did not turn up to controvert the version of the oA of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz. Exhibit Annexure A to Exhibit Annexure J marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and oA schedule properties. Hence I hold that the Defendant is joinfly and severally liable to pay to the Applicant Bank the claims made in the OA with future interests and costs.

10. ln the result, the present original Application is allowed ex-parte with costs, as under.

ORDER

(i) T.4./62 of 2020 (arising out of 0.4./363 of 2018) fited by appticant Bank, is ailowed and debt is determined with cost against the Defendants No.1 to 3. lt is hereby ordered that the Defendants are hereby, joinfly and/or severally, directed to pay, the total debt amount of Rs.14,24,933.60 (Rupees Fourteen Lac Twenty Four Thousand Nine Hundred Thirty Three paise sixty) as calculated upto 31.03.201g with interesl @11.40o/o pet annum, with quarterly rests, from 01.04.2018, till final realization of the entire dues with quarterly rests till realization is allowed.

(ii) Amount, if any, paid by the Defendants in the loan accounior 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 DefendantsNo.l to 3. Accordingly, the pendente /ite and future interest shall be . calculated on the reduced amount.

(iii) The defendants No.1, 2 & 3 are debarred from transferring,. alienating, encumbering or disposing of the mortgaged immovable property(s), described in schedule at page 28 and para of this OA. SCHEDULE OF MO GAGED PROPERTY: "ALL THAT land measuring about 62 decimal or 37.54 Cottah of land (including 32 decimal or 19.38 Cottah of pond) be the same little more or less comprised in Mouza- lhib Hooghly, Post Office- Paschim Rameshwarpur, Police Statioi- Maheshtala, R.S Dag No.144, C.S Khatian No.378, J.L. No.21, Chalta Gram panchayat, ADSROffice- Budge Budge, south 24 Parganas, west Bengar, registercd in faiour of sri rapan Kumar Hazra (Defendant No.3 herein) before the ADSR Behala, South 24 Parganas v\lest Bengal and recorded in Book-\, cD volume'Number 24, pages fiom 60gg to 60gg, Being No.08566 for the year 2009 and morefutly an padicutady descibed in the Schedule of the said Deed No.08566 for the year 2009.,' --) r':z

TN62 ot 2V2O - ORT-zt<ot The defendants No.1 to 3 are arso debarred from transferring, arienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants.

(iv) The defendants No.1 to 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 fails to pay the dues within the above mention"Jtir", the applicant Bank is entitled to re@ver its dues by sale of secured properties, as aforesaid. Appricant Bank is also entitled to proceed against personaloroperties of the Defendants No.1 to 3 both moveable and immoveable and also proceed against the Defendants No.2 & 3 r 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 & 3 in favour of applicant Bank under section 1g(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(221ofthe Act of 1993. Accordingry, the originar Apprication, tieing T.A./62 ot 2o2o (arising out of

0. A.1363 ol 20181is allowed and stands disposed of. This order is dictated and corected by the undersigned and pronounced on this the 06h day of March 2026. copy of the Final order / Judgment be uproaded in the Tribunals website. ,/r-'- ,l L", (Arbind Mad kkb Presiding Officer DRT-2, Kolkata