UNION BANK OF INDIA (CORPORATION BANK) vs M/S THE SWEIT NURSERY AND ORS on 22 July 2026

Order

Union Bank or tnJil. O{lice rdion wilh of q'ffiffi,:1?' prrtier stpn nccotsary

22.07.2026 ordcrwlth Signe&#/s The Sweit Nurser COU EL THE PA ES [Vs Smruti lr/ishra appeared for the Applicant Bank. None for the Defendants. T4/563 of 2020 is altowed and disposed off Finai OrderiJudgement is in separate sheet of 5 pages Frle be consigned to record room Order be uploaded on the Tribunal's Website. (kb 6mM^dhav) Presrding Officer DRT-2, Kolkata -.

T4/563 of 2020 - DRT-2/Kol DEBTS RECOVERY TRIBUNAL . 2, KOLKATA Jeevan Sudha Bldg. 07th Floor, 421C, J.L. Nehru Road, Kolkata -7OOO71 Before Shri Arbind Madhav, Presidinq Officer TA No. 563 of 2020 (Arising out of O.A./895 of 2018) ln the matter of Union Bank of lndia, a body Corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 having its Head Office at 239, Vidhan Bhavan il/arg, Narimanpoint, [t/umbai-400021 and also having its numerous branches including one at Amtala Branch, N.D. Road, Amtala, P.O. Kanya Nagar, South 24 Parganas, PinCode-743503, commonly known as CORPORATION BANK, Amtala Branch, Kolkata, West Bengal, within the jurisdiction as aforesaid. .Applicant Bank -Versus-

1. M/s. THE SWEIT NURSERY, a Proprietorship Business of Sri Mokaram Hossain Molla, having its principal place of business at Village - ltali Adhikari Para, Post Office - Chaulkhola, Police Station - Nodakhali, District - 24 Parganas South, Pin Code - 743 377, West Bengal.

2. SRI MOKARAM HOSSAIN IVIOLLA, Son of Sri lbrahim tMolla, Proprietor of lVl/s THE SWEIT NURSERY, having its principal place of business at Village - ltali Adhikari Para, Post Office - Chaulkhola, Police Station - Nodakhali, District - 24 Parganas, South, Pin Code -743 377, West Bengal.

3. SRI lBRAHllvl MOLLA, son of Sri [Vlohammad Ali tt/olla, having its principal place of business and/or residence at Village - ltali Adhikari Para, Post Office Chaulkhola, Police Station- Nodakhali, District-24 Parganas South, Pin Code - 743 377, West Bengal.

4. SRI IDRIS ALI tUOLLA, son of Sri lVlohammad Ali Molla, having its principal place of business and/or residence at Village - ltali Adhikari Para, Post Office- Chaulkhola, Police Station - Nodakhali, Districl - 24 Parganas South, Pin Code - 743 377, West Bengal. Defendants Counsel for parties: For the Applicant Bank For the Defendant SMRUTI REKHA MISHRA, ADVOCATE Ex-Parle. b

T4/563 of2020 - DRT-2/Kol FINAL ORDER / J U DGMENT Delivered on 22.07 2026 Applicant Union Bank of lndia(erstwhile CORPORATION BANK) instituted the present Application being the Original Application No.O.4./895 of 2018 filed in DRT-3, Kolkata on 05.11.2018 against four Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for realization of Rs.13,76,737.00p(Rupees Thirteen Lac Seventy Six Thousand Seven Hundred Thirty Seven) only which includes unrealized interest and other charges as calculated up to 30- 06-2018 together with interest pendentelite and further interest from 01-07-2018 along with interest 10.85% pendentelite as mentioned hereunder till realisation 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 No4/6/DRAf lKOLl20l8(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./563 of 2020 vide Ld. Registrar's, Kolkata DRT-2's order dated 21.10.2020.

2. The Brief Facts of the case are as followed.- i. The Defendant No.1 - tM/s. THE SWEIT NURSERY, is a Proprietorship business of Sri Mokaram Hossain tt/olla, the Defendant No.2 Defendant No.3 - SRI IBRAHIM IVOLLA is the Guarantor/tVlortgagor in the present context for the credit facility availed by the borrower herein and the Defendant No.4 - SRI IDRISH ALI MOLLA is the mortgagor in the present context for the credit facility availed by the borrower herein, in favour of applicant bank. ii. The Defendant No.1 approached the Bank for credit facilities to the Applicant Bank. The Applicant Bank Sanctioned a Credit facility to the extent and/or limit of Rs.10,00,000=00p(Rupees Ten Lac)only against the Hypothecation of entire stock and book debts and equitable mortgage of immovable Properties as a collateral security upon the terms and conditions as mentioned in the said Sanction letter dated 09-10-2013 Photocopies of the aforesaid Application 16-08-2013 and Sanction letter dated 09-10- 2013 are annexed and marked as Annexure -'A-1' and 'A-2' respectively. iii. The defendant had executed in favour of the applicant and delivered to the applicant the following documents to secure the credit facilities.-

a. Deed of Hypothecation dated 09-10-2013;

b. Demand Promissory Note dated 09-10-2013; c Take Delivery Letter dated 09-10-2013;

d. Letter of Undertaking/Declaration from Borrower 09-10-2013; Photocopies of the aforesaid documents dated 09-10-2013 are annexed are marked as Annexure -'A-3','A-4'and 'A-5' and A-5(A) respectively. iv. The Defendant no.3 - Sri IBRAHIM ALI MOLLA along with Borrower on or about 09-10-2013, duly guaranteed due repayment of all sums that would become due and

T4/563 o12020 - DRT-2/Kol payable by the tvl/s THE SWEIT NURSERY. Guarantee Agreement dated 09-10-2013 is annexed and marked as Annexure - 'A-6'. v. Equitable lVortgage has been created by Defendant No.2 by depositing two Title Deeds, Being No.862 for the Year 2002 and Being No.874 for the Year 2OO2 Photocopy of the Deeds Being No.B62 for the Year 2002 and Being No.B74 for the Year 2002 are annexed and marked as Annexure -'A-7' & 'A-B' respectively. The [Memorandum of Deposit of Title Deeds dated 09-10-2013 are also deposited & marked as Annexure -'A-9' vi. Further the applicant bank got valued the mortgaged secured propefty through its empanelled valuer and the said valuer submitted its report to the applicant bank. The Photocopy of Valuation Report is annexed and marked as Annexure - 'A-10'.

vii. The Defendants executed and delivered an Acknowledgement of Debt/Liability on 28-01-2015 and 22-12-2017 respectively, in favour of the Applicant Bank. The Photo Copy of aforesaid Acknowledgement of Debt/Liability on 28-01-2015 and 22-12-2017 respectively is annexed and marked as Annexure - A-1 1(A) and 'A-1 1'.

viii. Considering default the Applicant Bank on or about 29-10-2018 through its Ld Advocate issued recall, demand and notice to the defendants. Photocopy of the aforesaid notices dated 29-10-2018 along with photocopies of postal receipts are annexed and marked with the Annexure -'A-12'.

3. The Defendants enjoyed the said loan facility. However, the defendants failed and neglected to abide by the terms and conditions of the facility. ln spite of repeated requests made by the 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 Non Performing Asset (NPA) on 10 10 2016

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 22.08.2024 and heard ex-parte accordingly.

5. Applicant Bank has filed the Affidavit Of Evidence affirmed by Shyamalendu Sardar, along with the copies of original documents executed by Defendants. Original documents have been produced by the 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.

6. Heard the Ld. Counsel for the Applicant Bank

7. Affidavit Of Evidence, 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 T.A. Applicant Bank has proved the sanction of overdraft facility.

8. The Application is within the period of limitation hence allowed.

9. Applicant Bank stated that the outstanding balance in loan Accounts is s.13,76,737.00p(Rupees Thirteen Lac Seventy Six Thousand Seven Hundred Thirty

T4/563 o12020 - DRT-2/Kol Seven) only which includes unrealized interest and other charges as calculated up to 30.06.2018 together with interest pendentelite and further interest from 0'1 .07.2018 along with interest 10.85% pendentelite till realisation of the entire due in full, which is the amount claimed by the Applicant Bank in the original Application. The defendant is liable to repay the said amount to the Applicant Bank with pendentelite and future interest, till realization. I allow the claim as made by the applicant Bank @10.85% with quarterly rests from 01.07.2018 in the said Loan till realization.

10. 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.4./563 of 2020 (arising out of O.A./895 of 2018) deserves to be allowed; hence allowed.

11. ln view of the above, I pass the following order:-

ORDER

(i) T.4./563 of 2020 (arising out of O.4./895 of 2018) filed by the Applicant Bank, is allowed and debt is determined with cost against the Defendants No.1, 2, 3 & 4. lt is hereby ordered that the Defendant is hereby directed to pay, the total debt amount of Rs.13,76,737.00p(Rupees Thirteen Lac Seventy Six Thousand Seven Hundred Thirty Seven) as calculated upto 30.06.2018 with interest @10.85o/oo/o per annum, with quarterly rests from 01.07.2018 till final realization of the entire dues is allowed.

(ii) Amount, if any, paid by the Defendants in the loan account or 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 Defendants. Accordingly, the pendentelife and future interest shall be calculated on the reduced amount.

(iii) The defendants are debarred from transferring, alienating, encumbering or disposing of the mortgaged immoveable assets, described in Para 34 & Schedules in of this OA. SCHEDULE-X-1 x-2 SCHEDULE OF MORTGAGED PROPERTY "ALL THAT vacant land measuring about 37.5 Decimal approx be the same little more or /ess at Village - ltali Adhikari Para, Post Office - Chaulkhola, Police Station - Nodakhali, Mouza- ltali, J. L. No.100, CS Khatian No.69, 107, R. S. Dag No.156 and 130, Touzi No.151, District - Soufh 24 Parganas, West Bengal, and registered before Additional District Sub-Registrar, Budge Budge, 24-Parganas (South), and registered in favour of SRI IBRAHIM MOLLA (Defendanf No.3 herein) and SRI/DRIS ALI MOLLA (Defendant No.4 herein) vides Two Deeds Recorded as Book - l, Volume No.13, Pages - 261 to 266 Being No.862 for the Year 2002 and Being No.874 for the Year 2002."

TA/563 of 2020 - DRT-2/Kol The defendants are also debarred from transferring, alienating, encumbering or disposing any other property(s) either movable or immovable and assets belonging to him till the aforesaid adjudicated debt amount are recovered from the Defendant.

(iv) The defendants 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 him. ln case the Defendants fails to pay the dues within the above mentioned time, the applicant Bank is entitled to recover its dues by sale of secured properties, as aforesaid. Applicant Bank is also entitled to proceed against personal properties of the Defendants both moveable and immoveable and also proceed against the Defendants 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 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 Cedificate from the Defendants, 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 Accordingly, the Original Application, being T.A./563 of 2020 (arising out of O.A./895 of 2018) is allowed and stands disposed of. This order is dictated and corrected by the undersigned and pronounced on this the 22^d day of July 2026. Copy of the Final Order / Judgment be uploaded in the Tribunal' ebsite |,.r. indlVla Presiding Officer DRT-2, Kolkata kkb