UNION BANK OF INDIA vs M/S MA LAXMI MURI BHANDER on 14 May 2026

Order

Counsel for the parties Ms. Smruti Rekhs Mishra, Ld. Advocate for the applican Bank. None for the defendants T.A./6'13 of 2020 (arising out of O.A./891 of 2018) i allowed and disposed of Final Order / Judgment is in separate sheet of 6 pages File be consigned to record room, Order be uploaded on the Tribunal,s website ind Madhav) Presiding Officer DRT-2, Kolkata (erstwhittgorporation Bank) M/s Ma Laxmi Muri Bhander & Ors. Offree action with dale and dated Signature of parties when necessary

14. O5.2026 Order with Signature Central Bank of lndia

T.A./613 of 2020 - ORT-2/Kot DEBTS RECOVERY TRIBUNAL - 2, KOLKATA Jeevan sudha Brdg. 07th Froor,42tc, J.L. Nehru Road, Korkata -zooo71 Before shri Arbind Madhav. Presidinq Officer T.A. No. 613 ot 2020 (arising out of O.A./891 of 2018) ln the matter of union Bank of rndia (erstwhile corporation Bank), a body corporate dury constituted under the Banking companies (Acquisition and rransfer of Undertaking) Act, 1970, having its Head ofiice at 239, Vidhan Bhawan Marg, Nariman point, Mumbai - 400021, and carrying on business, inter-alia, having its numerous branches including one at Amtala Branch, N'D. Road, P.o.- Kanya Nagar, p.s.- Bishnupur, Dist.- south 24-parganas, pin - 743503. West Bengal. Applicant Bank -Versus- M/s Ma Laxmi Muri Bhander, a proprietorship business of sri Kashi Nath Ghosh, having its principar prace of business at Viil.- Amtara Hat, p.o.- Kanyanagar, p.S.- Bishnupur, Dist.- South 24-parganas, pin - 74339g, West Bengal. sri Kashi Nath Ghosh, son of late Barid Baran Ghosh, proprietor of M/s Ma Laxmi Muri Bhander, having its principal place of business at Vill.- Amtala Hat, p.o.- Kanyanagar, P.S.- Bishnupur, Dist.- South 24_parganas, pin _ 74339g, West Bengal. sri Bappa Ghosh, having its principal place of business and/or residence at vill.- Amtala Hat, P:O.- Kanyanagar, p.S.- Bishnupur, Dist._ South 24_parganas, pin _ 743398, West Bengal. Defendants

Counsel for parties: For the Applicant Bank For the Defendants : Ms. Smruti Rekha Mishra : Ex-Pafte FINAL ORDER / JUDGMENT Delivered on 14.05.2026 Applicant (Union Bank of lndia), erstwhile corporation Bank instituted the present Application being the original Application No.891 of 2018 filed in DRT-3, Kotkata on 05.11.2018 against three Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.1i,0g,947.00 (Rupees eleven lakh eight thousand nine hundred forty seven) includes unrealized interest and other charges as calculated upto 30.06.2018 and further interest from 01.07.2018 along with interest @ 12.25o/o, till realization of the entire due in full.

T.A./613 of2020 _ DRT-2/Kot subsequentry, the instant case has been transferred to DRT-2, Korkata vide the Hon,bre chairperson DRAT, Korkata's direction vide retter No.4/6/DRAT/Kou2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Korkata DRT-3,s order dated 13'11-2019 and the same has been renumbered as T.4./613 0t 202ovide Ld. Registrar,s order dated 09.12.2020. 2' corporation Bank has been merged / amargamated into Union Bank of rndia vide Gazefte Notification dated March 04,2o2o in G.s.R. 154(E), issued by Government of lndia published under Extraordinary part-il, section 3, sub-section (i) in exercise of the power conferred in terms of section g of the Banking companies (Acquisition and rransfer of Undertaking) Act, 1g70 (5 0f 1g70) and section g of the Banking companies (Acquisition and rransfer of Undertaking) Act, 1 9g0 (40 of 1 9g0). rn view of the merger / amalgamation of corporation Bank into Union Bank of rndia, the appricant name in this case should be read / inserted as Union Bank of rndia instead of corporation Bank. 3' ln accordance with the Notice dated go.o7.2ozo of this Tribunar, Ld. Advocate for Union Bank of rndia has fired a petition being r.A./870 ot 2o22dated 09.06.20 22 praying for amendment of cause Titre in view of amargamation of corporation Bank with Union Bank of lndia vide G.O.l. Notification dated 04.03.2020; and in accordance with the direction of the Tribunar necessary amendment in cause tifle has been carried out by Ld. Advocate of the appricant Bank on 2r.02.2024, such has been recorded in Ld. Registrar,s order dated 05.04.2024.

4. The brief facts of the case as set out by the appricant bank in its originar Application, as under:

(i) The defendant No.2. sri Kashi Nath Ghosh being the proprietor ot M/s Ma Laxmi Muri Bhander, the defendant No.1 approached the appricant Bank forfinanciar assistance vide an application dated 16.10.2012. At the request of defendant No.1, applicant Bank was pleased to grant / sanction a cash credit facility to the limit of Rs.1 0,00,000/- (Rupees ten lakh in favour of the defendants No.1 & 2, vide sanction letter dated 2s.10.2o12 against the hypothecation of entire stock and book debts and equitable mortgage of immovable property upon the terms and conditions as mentioned in the sanction letter. copy of loan Application dated 16.10.2012 and sanction letter dated 2s.10.2012 are annexed and marked as Annexure 'A-1, & ,A-2, respectively.

(ii) ln order to avail the aforesaid credit facility of Rs.10.00 lakh, the defendant No.2 being the proprietor of defendant No.1 executed and delivered the following loan / security documents all dated 25.10.2012 in favour of applicant bank:

(a) Common Deed of Hypothecation;

(b) Demand Promissory Note for Rs.10.00 lakh;

(c) Take Delivery Letter. Copies of said documents are annexed and marked as Annexure A-3', 'A-4' & 'A- 5' respectively.

T.4.t613 ot 2020 _ ORr-2/Kot

(iii) ln consideration of the applicant having agreed to grant the aforesaid rimit of Rs.10.00 rakh to the defendants No.1 & 2, the defendant No.3 executed and derivered Guarantee Agreement dated 2s.10.2012 dury guaranteed due repayment of a[ sums that wourd become due and payabre by defendant No.1 , proprietorship business of defendant No.2 and decrared that the said guarantee wourd be a continuing Guarantee. copy of the Guarantee Agreement dated 2s.10.2012 is annexed and marked as Annexure ,4-6,.

(iv) To secure the aforesaid credit facility of Rs.10.00 lacs granted to the defendant No.1, the defendant No.2 was dury created equitabre mortgage in respect of immovabre property, morefully described in schedure 'x-1' at page 25 and para 3A at page g to 10 of the original apprication, by depositing originar rifle Deed being No.4294 for the year 2006, registered in favour of sri Kashi Nath Ghosh, the defendant No.2 herein. copy of said Deed being No.42g4 for the year 2006 is annexed and marked as Annexure ,A_7,. The defendant No.2, sri Kashi Nath Ghosh has confirmed the creation of equitabre mortgage by deposit of aforesaid Deed vide a Memorandum of deposit of rifle Deed dated 25.10-2012 in favour of applicant Bank. copy of said Memorandum of deposit of rifle Deeds dated 25.10.2012 is annexed and marked as Annexure ,A_g,.

(v) Applicant Bank got varued the mortgaged secured property(s) through its empanelled valuer and the said valuer has submitted its Valuation Report to the applicant Bank. copy of valuation report dated 30.09.2012 is annexed and marked as Annexure 'A-9'.

(vi) ln consideration and in acknowledgement of the aforesaid credit limit of Rs.10.00 lakh in favour of defendant No.1 (proprietorship business of defendant No.2), the defendants / borrower(s) executed and delivered the Acknowledgement of Debt / Liability on dated 09.09.2014 and 08.09.2017 in favour of the applicant Bank acknowledging the outstanding balance in loan account. copy of said Acknowledgement of Debt / Liability dated 09.09.2014 & 08.09.2017 are annexed and marked as Annexure ,A-10,& ,A-11, respectively.

5. Applicant Bank through the said branch had disbursed the loan amount to borrower(s) Account. The Defendants / borrower(s) enjoyed and utilized the said credit facility by opening Account in Bank's Amtala Branch, p.o.- Kanya Nagar, p.s.- Bishnupur, Dist.- south 24-Parganas. 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. since the defendants did not pay any attention to regularize the Account inspite of repeated requests made by applicant Bank, the Account became out of order and was classified as N.pA. on 30.06.2017. Considering aforesaid default and violation of the terms and conditions of the credit facility, the applicant Bank was compelled to issue recall / demand Notice dated 27.10.2018 upon the defendants through its Advocate demanding to repay the outstanding Bank's dues, but the defendants failed and neglected to comply with the said notice; copy of said demand notice dated 27.10.2018 along with postal receipts are annexed and collectively

T.4./6.13 of 2020 _ DRT_2/Kot marked with Annexure 'A-12',. certified copies of statement of Account arong with certificate under Bankers' Books of Evidence Act, with interest carcuration sheet, have been fired to show and prove the dues (Annexure 'A-13'), and together with interest pendenti lite and further interest from 01.07.201g arong with interest @ 12.2so/o, tril realization of the entire due in fu[, has been prayed. Appricant Bank submifted that their claim in the Application is within limitation.

The notices / summons had sent to the Defendants No.1 , 2 & 3 by the Tribunar. rt is seen from the s/R on affidavit and its encrosures that service of Notices / summons upon the Defendants by postar service is not successfur, such has been recorded vide Ld. Regiskar's order dated 2s.o3.zo2s. At the request of Ld. Advocate on behalf of appricant Bank, Ld. Tribunar is directed to serve the summons upon the defendants by way of substituted service; and Ld. Advocate of the appricant Bank has brought on record the affidavit of service on pubrication dated 13.05.2025 arong with rerevant portion of paper cuttings in two newspapers, namery (i) 'The statesman'in Engrish and (ii) ,Dainik sfafesman'in Bengari, both dated 24.o4.2o2s,such has been recorded vide Ld. Registrar_ in-charge's order dated 14.07.202s. Despite service, the defendants did not appear nor filed the written statement; thus, a[ the defendants were ordered to be proceeded ex-patte vide order dated 24.02.2026. Appricant Bank has fired the Engrish transration copy of Bengali Deeds by way of an application dated 2s.02.2024. Appricant Bank has fired the wriften notes of argument on dated 24.02.2026 thereby stated the brief facts of the case as has been narrated in the originar apprication. Ld. Advocate of the appricant Bank has submitted argument on 08.04.2026.

7. Applicant Bank has filed the evidence-on-affidavit af{irmed by Shyamarendu sardar, Branch Manager of erstwhile Bank's Amtara Branch, N.D. Road, Amtara, p.o.- Kannyanagar, Dist.- south 24-parganas arong with the copy of originar documents executed by the 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 sandip Bakshi, Manager of Bank's Amtala Branch, N.D. Road, Dist.- south Z4-pargana on 24.02.2022, such has been recorded in Ld. Registrar's order dated24.o2.2o22. The documents produced by applicant Bank are exhibited and annexed as Exhibit,A-1,to ,A-13'. I have heard the Ld. Advocate ofthe applicant Bank and perused the records.

8. 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. Applicant Bank has proved the sanction of cash credit facility to the limit of Rs.10.00 lakh vide sanction letter dated 2s.10.2012. Applicant Bank has proved the creation of equitable mortgage of immovable property(s); described in Scttedule 'X-1' at page 25 and para 3A at page 8 to 10 of the original application. o

f .A.161g ot 2020 _ DRT_2tKot

9. on the point of limitation, Loan has been sanctione d on 2s.10.2012; roan / security documents have been executed on 2i.10.2012; original Application has been filed on 05'11'2018. Further, the defendants / borrower(s) executed and derivered the Acknowledgement of Debt / Liabirity dated 09.09.20 14 and og.og.2o17 in favour of applicant Bank acknowledging the outstanding barance in roan account. As such, the original Application appears to have been fired wefl within the period of rimitation.

10. Applicant Bank has stated that the outstanding barance in cash credit Account (inclusive of accrued interest and other charges as carcurated upto 30.06.201g) for a sum of Rs.l1,08,947.00 (Rupees ereven rakh eight thousand nine hundred fofi seven) as on 30.06.2018, which is the amount craimed by appricant Bank in the originar Apprication, and the defendants No.1 , 2 & 3 are, joinfly and/or severaily, riabre to repay the said amount to the applicant Bank with pende nte tite and future interest, till realization. I allow the claim as made by applicant Bank in the originar Apprication. Applicant Bank has prayed further interest from 01.07.2o18 along with interest @ 12.25yo till realization of the entire due in full, while in Demand promissory Note dated 2s.1o.2o12the same rate of interest, i.e. @ 12.250/o per annum, has been mentioned. Therefore, the pendente /lfe & futuie rate of interest @ 12.25o/o per annum, with quarterly rests, from 01 .07 .ZO1g, is allowed. 11' The matter also falls within the tenitorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved to claim made in the o.A./7.A. The original application beingT.4./613of 2020 (arisingoutof o.A./891 of 2}1g)deservestobeailowed; hence allowed.

12. ln view of the above, I pass the following order :_

ORDER

(D T.4./613 of 2020 (arising out of o.A./891 ot 2o1B), fited by appticant 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, jointly and / or severally the total debt amount of Rs.l1,08,947.00 (Rupees eleven lakh eight thousand nine hundred forty seven) due and payable, inclusive of interest and other charges as calculated upto 30.06.20'18; andinterestfortheperiodpendenteliteandfuturerate@ 12.2so/operannum, with quarterly rests from 01.07.2018, till realization of the entire sum due and recoverable.

(ii) Amount, if any, paid by the Defendants in the roan 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. Accordingly, the pendente lite 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; described in Schedule 'X-1'at page 25 and para 3A at page 8 to 10 of the original application, as under -

T.A./613 of2020 - DRT-2/Kot "All rhat vacant rand measuing about 19.s/g Decimar or 12.47 cottah be the same liftte more or /ess af vittage - purba Amtara Ghosh para, poit omii - iJiyur"srr, l9ti9e._Stltlon - Bishnupur, Mouza _ Amtala, J.L. No..73-, i S Xh"ti* No.Sii,'h.5. Org No.847, 961 and 918, Touzi No.395, Distict - south 24-pargaiii, w.iielig"t, ,ra registered before Additiona! .Dis.!Ic,r Sub-Regr.sfrari Bishnuplr, 2i-parSa;;{'$outh), and Recorded vide Being No.4294 ror the lear zboa ani'isiitereJ ii'iJiir or sri Kashi Nath Ghosh (Defendant No.2 herein).;, The Defendants is arso debaned from transferring, arienating, encumbering or disposing of any other property(s) either movable or immovable and assets belonging to them till the aforesaid adjudicated debt amount are recovered from the Defendants No.1, 2 &3.

(iv) The 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. rn case the Defendants fair to pay the dues within the above mentioned time, the appricant Bank is entitled to recover its dues by sale of secured properties, as aforesaid. Appricant Bank is also entitled to proceed against personal properties of the Defendants No.1,2 & 3 both moveable and immoveable and also proceed against the Defendants No.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 perthe 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 .lg(22) of the Act of 1993. Accordingly, the original Application, being T.A./613 ol 2o2o (arising outof O.AJ891 of 2018) is aitowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 14h day ot May,2026. Copy of the Final Order / Judgment be uploaded in the Tribunal,s Website. /./,- l-6t"" (Arbind M Presiding Officer DRT-2, Kolkata a tb