UCO BANK vs SANJAY KUMAR SINGH on 21 April 2026

Order

21. U.202 Oflice action with date and dated Signature of parties when necessary Order with Signature Counsel for the parties: Ms. Amrita Khasnabish, Ld. Advocate representing Mr. S Pal Choudhuri, Ld. Counsel for the applicant Bank. None for the defendants. T.A.l15 of 2020 (arising out of O .A.t44O of 2O1B) is ailowed 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 Ofiicei DRT-2, Kotkata

T.4.115 ol 2O2O - DRT-zlKot DEBTS RECOVERY TRIBUNAL .2, KOLKATA Jeevan Sudha Bldg. 07h Floor,42lC, J.L. Nehru Road, Kolkata _7OOO71 Before Shri Arbind Madhav. Presidino Officer T.A. No.1 5 ol202O (Arising out of o.A.t440 of 2018) ln the matter of UCo Bank, a body corporate constituted under the Banking companies (Acquisition and Transfer of Undertaking) Act,19go, having its head office at 10, Brabourne Road, Kolkata

- 700001, and also having its branches including one at Kanchrapara, 109 ABC Lenin sarani, P.o.- Kanchrapara, Dist.- 24-parganas (North), pin - 74g14s, west Bengal. commonly known as Kanchrapara Branch. Applicant Bank -Versus-

1. sanjay Kumar singh, Son of Mundrika singh, carries on business at 49t29tL, Dwarika Jangal Road, Korkata, pin - 743135, west Bengal, and residing at purab Ghosh Para Road, Village/Town: Halisahar, p.O.- Hazinagar, Dist._ 24 parganas (North), Pin - 743135, West Bengal. 2- illundrika singh, son of Yogeshwar singh, carries on business al4gl2glL, Dwarika Jangal Road, Kolkata, Pin - 743135, West Bengal, and residing at purab Ghosh Para Road, Village/Town: Halisahar, p.O.- Hazinagar, Dist.- 24 parganas (North), Pin - 743135, West Bengal.

3. Lila Debi Singh, Wife of Mundrika Singh, residing at purab Ghosh para Road, Village/Town: Halisahar, 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., Advocates '. Ex-Pade. FINAL ORDERIJUDGMENT Delivered on 21.04.2026 Applicant, UCO Bank instituted the present Application being the Original Application No.440 of 2018 filed in DRT-3, Kolkata on 01.06.2018 against three Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.I6,29,835.00 (Rupees sixteen lakh twenty nine thousand eight hundred thirty five) including interest calculated upto 31.03.2018 together with interest pendenti lite and future @ 9.600/o per annum with quarterly rests from For the Defendants @

T,A./1S of 2020 _ DRT_ZKo| 01.04.2018, till realization of the entire due in full. subsequenfly, 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 24.10.2019 and the same has been renumbered as T.A./15 of 2o2o vide Ld. Registrar's order dated 01.11.2019

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 daled 10.11.2012. Upon consideration of said application, applicant Bank was pleased to sanction / grant one Term Loan facility to the extent of Rs.10,00,000/- (Rupees ten lakh) to the defendants vide sanction lefter dated 23.11.2012. The defendants agreed to repay the entire dues by 190 EMls @ Rs.11,054/- each along with interest @ 9.60% per annum with monthly rests. copy of 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..10.00 lakh, the defendants duly executed and delivered the following loan documents all dated 28.11 .2012 in favour of applicant Bank:

(a) Demand Promissory Note for Rs.10,00,000/-; (b) One Revival Letter;

(c) Text of the Consent Clause;

(d) One Loan Agreement. Copy of said documents are annexed and marked with Letters 'A-2' to 'A-5' respectively.

(iii) ln consideration of the aforesaid Term Loan facility of Rs.10.00 lakh granted to the defendants No.1 & 2, the defendant No.3 duly guaranteed due repayment of all sums that would become due and payable by defendants No.1 & 2 to the applicant Bank with interest, costs etc. till realization in full by executing a Guarantee Agreement dated 18.11.2012 in favour of applicant Bank and declared that the said guarantee will be the continuing guarantee. Copy of guarantee agreement dated 18.11.2012 and one Guarantee Statement Form are annexed and marked with letters '4-6' & 'A-7'.

(iv) To secure the aforesaid credit facility granted to the defendants No.1 & 2, the defendant No.2 visited the Bank's premises on dated 13.12.2012 and created equitable mortgage in respect of immovable property, morefully described in Schedule 'A' at page 20 and para 3A at page 7 & 8 of the original application, by depositing Title Deed being No.1471 of 1995 with the applicant Bank. The defendant No.2 has duly confirmed the deposit of title deed by letter dated 13.12.2012 in favour of applicant Bak. Copies of said equitable Mortgage of land, Recital Mortgage Register, Title Deed and Valuation are annexed and marked with Letters 'A-8', 'A-9', 'A-10' & 'A-1 1' respectively.

r.A.t15 ot 2O2O _ ORr_2tKot

3. The Defendants enjoyed the said credit facirity by opening Account in Bank,s Kanchrapara Branch, P.o.- Hazinagar, Dist.- 24-parganas (North), pin - 74314s. 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 01.05.2017 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 01.05.2017 is annexed and marked with lefter 'A-12'. 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-13'), and interest pendenti tite 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 & 3 by the Tribunal. lt is seen from the S/R on affidavit dated 17.10.2023 and its enclosures that service of summons upon the Defendants is successful, such has been recorded vide Ld. Register's order dated 20.11.2023. Despite service, the defendants did not appear nor filed the written statement; thus, all the defendants were ordered to be proceeded ex-parte vide order dated 06.08.2024. Ld. Advocate of the applicant Bank has submitted argument on dated 18.03.2026.

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 Lalit Vijay, Chief Manager of Bank's Kancharapara Branch, Dist.- 24- Parganas (North) on 27.07.2022, such has been recorded in Ld. Registrar's order dated 27.07.2022. The documents produced by applicant Bank are exhibited and annexed as Exhibits 'A' & 'A-1' to 'A-13'. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

6. Evidence-on-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 of credit facility of Rs.10,00,000/- vide sanction letter dated 23.11.2012. Applicant Bank has proved the crealion of equitable mortgage in respect of immovable property; described in Schedule 'A' at page 20 and pa.a 3A at page 7 & 8 of the original application.

T.A./15 of 2020 - DRT-ZKo|

7. on the point of limitation, Loan has been sanctione d on 23.11 .2012; loan / security documents have been executed & delivered on dated 2g.11.2012 and original apprication has been filed on 01 .06.2018. The defendant No.2 visited the Bank's premises on dated 13.12.2012 and created equitabre mortgage in respect of immovabre property by depositing Title Deed being No.1471 of 1995 in favour of appricant Bank. Hence, on the basis of mortgage created on 13.12.2012, the craim / originar Apprication is fired weil within the period of limitation as prescribed uls 24 ol RDB Act, 1993 (as amended from time to time).

8. Applicant Bank has stated that the outstanding balance in Term Loan Account (inclusive of accrued lnterest and other charges as calculated upto 31.03.201g) for a sum of Rs.16,29,835.00 (Rupees sixteen lakh twenty nine thousand eight hundred thirty five) as on 31.03.2018, which is the amount claimed by applicant Bank in the original Application, and the defendants No.1, 2 & 3 are, jointly and/or severally, riabre 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 @ 9.60% per annum with quarterry rests from 01.04.2018 till realization of the entire due in full, while in Demand promissory Note dated 28.11.2012 the rate of interest @ 1o.5oyo per annum, has been mentioned. The borrower(s) / defendants have taken loan in the nature of ,UCo shelter Loan Scheme'; therefore, the pendente /ife & future rate of interest which has been claimed by applicant Bank in the original application, i.e. @ 9.60% per annum, simpre, from 01 .04.201 8, is allowed. 9' The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved its claim made in the o.A. The original apptication being T.A./15 ol 2o2o (arising out of o.A./440 of 2019) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./15 ot 2O2O (arising out of O.A./440 of 2018) filed by applicant Bank, is altowed and debt is determined with cost against the Defendants No.1, 2 & 3. lt is hereby ordered that the Defendants No.1, 2 & 3 are hereby directed to pay, joinfly and / or severally, the total debt amount of Rs.l6,29,835.00 (Rupees sixteen lakh twenty nine thousand eight hundred thirty five) due and payable, inclusive of interest and other charges as calculated upto 31 .03.201 8; and interest for the period pendente lite 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 & 3. Accordingly, the pendente lite and future interest shall be A=-_;9alculated on the reduced amount.

T.A./'15 of 2020 - DRT-2/Kot

(iii) Defendants No.1 to 3 are debarred from transferring, arienating, encumbering or disposing of the mortgaged immovabre property; described in schedure ,A' at page 20 and para 3A at page 7 & 8 of the original application: lmmovable Pro e "All rhat the rand measuing an area of 3 coftah g chataks or 2s20 sq.ft. bastu p.nd_9ltule_d and lying_al Hotding No.g2g/369/370, J.L. No.1, n.i.-Ni..zs, rouzi lo 14e, R.s' No.364 gittl:! ..zt;Pla9nas (Norti), paici siatii'--iiipur, suo- Registry office - Naihati, within the rimit;f Hatis;har Municiparity, w"ra No.iz. Deed No-r, vorume No.2B, pages 107 to 114, Deed No.'147i'rorini y"r', tsss." The Defendants No.1, 2 & 3 are arso debarred from transferring, arienating, encumbering or disposing any other property(s) and assets beronging to them tifl the aforesaid adjudicated debt amount are recovered from the Defendants.

(iv) 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. 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 propefi(s), as aforesaid. Applicant Bank is also entifled to proceed against personal property(s) of the Defendants No.1 to 3 both moveable and immoveable and also proceed against the Defendants No.'1, 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 Final order / Judgment for issuance of the same against the Defendants No.1, 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 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. Accordingiy, the Original Application, being T.A./15 ot 2OZ0 (arising out of O.A.l40 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 21st day of April, 2026. Copy of the Final Order / Judgment be uploaded on the Tribunal,s Website. .l; lD p' (Arbind Mad av) Presiding Officer DRT-2, Kolkata kkb