UNION BANK OF INDIA vs M/S REBA BHOWMICK on 21 August 2025

1. 1. **Ms. Reba Bhowmick**, wife and legal heir of Late Ganesh Chandra Bhowmick being sole proprietor of M/s Maa Kali Nursery and having its principal place of business at Village – Mohanpur, P.O.- Aliapara, P.S.- Nodakhali, District – 24-Parganas (South), Pin – 743377, West Bengal.

2. 2. **Sri Utpal Bhowmick**, son and legal heir of Late Ganesh Chandra Bhowmick being sole proprietor of M/s Maa Kali Nursery and having its principal place of business at Village – Mohanpur, P.O.- Aliapara, P.S.- Nodakhali, District – 24-Parganas (South), Pin – 743377, West Bengal.

3. 3. **Sri Ujjal Bhowmick**, son and legal heir of Late Ganesh Chandra Bhowmick being sole proprietor of M/s Maa Kali Nursery and having its principal place of business at Village – Mohanpur, P.O.- Aliapara, P.S.- Nodakhali, District – 24-Parganas (South), Pin – 743377, West Bengal.

4. 4. **Sri Prasant Bhowmick**, son and legal heir of Late Ganesh Chandra Bhowmick being sole proprietor of M/s Maa Kali Nursery and having its principal place of business at Village – Mohanpur, P.O.- Aliapara, P.S.- Nodakhali, District – 24-Parganas (South), Pin – 743377, West Bengal.

5. 5. **Sri Birendra Nath Shasmal**, having its principal place of residence at Vill.- Naskarpally, Post Office – Sonamia Neya, P.S.- Nodakhali, District – 24-Parganas (South), Pin – 743377, West Bengal.

..... Defendants

Counsel for parties:

<table border="0"> <tr> <td>For the Applicant Bank</td> <td>: Ms. Smruti Rekha Mishra,</td> </tr> <tr> <td>For the Defendants</td> <td>: Ex-Parte</td> </tr> </table>

**FINAL ORDER / JUDGMENT**

Delivered on 21.08.2025

Applicant (Union Bank of India), erstwhile Corporation Bank instituted the present Application being the Original Application No.170 of 2018 filed in DRT-3, Kolkata on 13.03.2018 against five Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.14,51,025.00 (Rupees fourteen lacs fifty one thousand twenty five) includes unrealized interest and other charges as calculated upto 21.07.2017 and further interest @ 11.25% per annum, 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/KOL/2018(pt.) dated 16.09.2019, such has been recorded vide Ld. Registrar, Kolkata DRT-3's Order dated 17.10.2019 and the same has been renumbered as T.A.126 of 2019 vide Ld. Registrar's order dated 02.11.2019.

2. Corporation Bank has been merged / amalgamated into Union Bank of India vide Gazette Notification dated March 04, 2020, issued by the Government of India published under Extraordinary Part-II, Section 3, sub-section (i) in the Gazette of India in terms of Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. In view of the merger / amalgamation of Corporation Bank into Union Bank of India, the applicant name in this case should be read / inserted as Union Bank of India instead of Corporation Bank.

3. In accordance with the Notice dated 30.07.2020 of this Tribunal, Ld. Advocate of the Union Bank of India has filed a Memo praying for amendment of Cause Title in view of amalgamation of Corporation Bank with Union Bank of India vide G.O.I. Notification dated 04.03.2020; and in accordance with the direction of the Tribunal necessary amendment in cause title has been carried out by Ld. Advocate of the applicant Bank on 09.10.2020, such has been recorded in Ld. Registrar's order dated 09.10.2020.

4. The brief facts of the case as set out by the Applicant Bank in its Original Application, as under:

(i) The Defendants No.1 to 4 are the legal heirs of borrower Late Ganesh Chandra Bhowmick (since deceased) in the present context for the credit facility availed by borrower, M/s Maa Kali Nursery. Ganesh Chandra Bhowmick (since deceased) and the defendants No.1 & 5 stood as guarantors. At the request of Ganesh Chandra Bhowmick (since deceased) vide an application dated 30.08.2011 approached and applied the applicant Bank for financial assistance; upon consideration of application, applicant Bank was pleased to grant / sanction an Agricultural cash credit to the limit of Rs.10,00,000/- (Rupees ten lacs) in favour of the defendants vide credit sanction intimation dated 02.11.2011 against 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. Copies of loan application dated 30.08.2011 and credit sanction intimation dated 02.11.2011 are annexed and marked as Annexure 'A-1' & 'A-2' respectively.

(ii) In acknowledgement of granting the aforesaid cash credit facility of Rs.10.00 lakhs, the defendants executed the following security documents in favour of applicant Bank all dated 02.11.2011

- (a) Letter of Proprietorship;

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

- (c) Take Delivery Letter to D.P.N.;

- (d) Letter of Undertaking;

- (e) Deed of Hypothecation of Movable Assets / Assets / Debts;

- (f) Request for Overdraft facility / cash credit facility.

Copies of said documents are annexed and marked as Annexure 'A-3' to 'A-8' respectively.

(iii) In consideration of the aforesaid credit facility of Rs.10.00 lacs granted in favour of borrower, Ganesh Chandra Bhowmick (since deceased) of M/s Maa Kali Nursery, Ganesh Chandra Bhowmick (since deceased) and the defendants No.1 & 5 duly guaranteed for due repayment of all sums that would become due and payable by M/s Maa Kali Nursery (A proprietorship business of Late Ganesh Chandra Bhowmick) and executed and delivered a Guarantee Agreement dated 02.11.2011 in favour of applicant Bank, and declared that the said guarantee would be a continuing guarantee and shall be binding on legal heirs and successors.

(iv) To secure the aforesaid credit facility of Rs.10.00 lacs granted in favour of borrowers, Ganesh Chandra Bhowmick (since deceased) and Smt. Reba Bhowmick (defendant No.1) of M/s Maa Kali Nursery, the said Ganesh Chandra Bhowmick (since deceased) visited the concerned Bank's premises and created equitable mortgage in respect of his immovable properties; morefully described in Schedule 'X-1' & 'X-2' at page 29 and para 3A at page 9 to 11 of the O.A., by depositing Gift Deeds (a) being No.485 for the year 1986 and (b) being No.489 for the year 1997 standing in favour of Ganesh Chandra Bhowmick (since deceased) with the applicant Bank and registered before the Sub-Registry office – Buz Buz. Copies of Gift Deeds being No.485 for the year 1986 and No.489 for the year 1997 are annexed and marked as Annexure 'A-10' & 'A-11'. Further, Ganesh Chandra Bhowmick (since deceased) confirmed the creation of equitable mortgage of immovable properties by executing a Memorandum of Deposit of Title Deeds dated 02.11.2011; copy of said Memorandum of deposit of Title Deeds dated 02.11.2011 are annexed and marked as Annexure 'A-12'.

(v) Applicant Bank got valued the mortgaged secured properties through its empanelled valuer and the valuer submitted its valuation report to the applicant bank; copy of said valuation report is annexed and marked as Annexure 'A-13'.

(vi) In acknowledgement of the aforesaid cash credit facility in favour of M/s Maa Kali Nursery and for the purpose of securing repayment of debit balance lying outstanding, the defendants executed and delivered two 'Acknowledgement of Debt / Liability' dated 09.09.2014 and 22.10.2014 in favour of applicant Bank. Further, the legal heirs as well as

defendants has been executed and delivered on 06.04.2015 in favour of applicant Bank. Copies of Acknowledgement of Debt / Liability dated 09.09.2014 & 22.10.2014 and Death Certificate dated 06.04.2015 are annexed and marked as Annexure 'A-14', 'A-15' & 'A-16' respectively.

5. The Defendants enjoyed the aforementioned Agricultural cash credit facility by opening Account in Bank's Amtala Branch, N.D. Road, P.O.- Kanya Nagar, Dist.- South 24-Parganas. However, the defendants failed and neglected to abide by the terms and conditions of the term loan facility. The Defendants did not repay the outstanding Bank's dues and overdue interests in the loan Account. Inspite of repeated requests and personal contact 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 N.P.A. on 03.09.2016. Thereafter, the applicant Bank issued a re-call / demand and notice dated 20.02.2018 through its Advocate demanding to repay the outstanding Bank's dues, but the defendants did not comply the said notice; copy of recall / demand notice dated 20.02.2018 is annexed and marked as Annexure 'A-17'. Certified copies of Statement of Account along with Certificate under Bankers' Books of Evidence Act, with Statement of Claim, have been filed to show and prove the dues (Annexure 'A-18'), and future interest @ 11.25% per annum, from 22.07.2017 till realization of the entire due in full, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The notices / summons were sent to the Defendants No.1 to 5 by the Tribunal; service of Notices / summons upon all the Defendants have been successfully completed by postal service, such has been recorded vide Ld. Registrar's order dated 27.03.2025. Ld. Advocate has filed the English translation copy of Bengali title deeds, such has been recorded vide Ld. Registrar's order dated 24.09.2024. Despite service, the defendants did not appear nor filed the written statement; thus, all the defendants are hereby ordered to be proceeded *ex-parte*. Ld. Advocate of the applicant Bank submitted arguments on 22.07.2025.

7. Applicant Bank has filed the evidence-on-affidavit affirmed by Sri Shyamalendu Sarkar, Branch Manager of erstwhile Bank's Amtala Branch, N.D. Road, P.O.- Kannya Nagar, South 24-Parganas, Pin – 743503 along with the copy of original 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 Ms. Neeti Kumari, Manager of erstwhile Bank's Amtala Branch, N.D. Road, P.O.- Kannya Nagar, South 24-Parganas on 04.02.2020, such has been recorded vide Ld. Registrar's order dated 04.02.2020. The documents produced by applicant Bank are exhibited and annexed at 'A-1' to 'A-18'.

I have heard the Ld. Advocate for the applicant Bank and perused the records.

8. Evidence-on-affidavit, filed by applicant Bank, has remained unchallenged, unrebuted 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 Agricultural cash credit facility to the limit of Rs.10.00 lakhs vide credit sanction intimation dated 02.11.2011. Applicant Bank has proved the creation of equitable mortgage of immovable property, morefully described in Schedule 'X-1' & 'X-2' at page 29 and para 3A at page 9 to11 of the original application.

9. On the point of limitation, Loan has been sanctioned on 02.11.2011; documents have been executed on 02.11.2011; original Application has been filed on 13.03.2018. Further, the defendants executed and delivered the Acknowledgement of Debt / Liability dated 09.09.2014 and 22.10.2014 in favour of applicant Bank. Ganesh Chandra Bhowmick (since deceased), the principal borrower created equitable mortgage in respect of his immovable properties by depositing Gift Deeds being No.485 of 1986 and No.489 of 1997 with the applicant Bank, and said Ganesh Chandra Bhowmick (since deceased) confirmed the creation of mortgage by executing a Memorandum of deposit of Title Deeds dated 02.11.2011 in favour of applicant Bank. As per law 12 years period from the date of mortgage is available to the applicant Bank to enforce it's claim (Article 62 Schedule I of Limitation Act); hence, on the basis of mortgage created on 02.11.2011, 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).

10. Applicant Bank has stated that the outstanding balance in cash credit Account (inclusive of accrued interest and other charges as calculated upto 21.07.2017) is **Rs.14,51,025.00** (Rupees fourteen lacs fifty one thousand twenty five) as on 21.07.2017, which is the amount claimed by applicant Bank in the original Application, and the defendants No.1 to 5 are liable to pay, jointly and/or severally, the said amount to the applicant Bank with *pendente lite* and future interest, till realization of the entire due in full. I allow the claim as made by applicant Bank in the original Application. Applicant Bank has prayed future interest @ 11.25% per annum from 22.07.2017, while in Demand Promissory Note dated 02.11.2011 the rate of interest @ 12.25% per annum compounded monthly rests, has been mentioned. Therefore, in my view, the *pendente lite* & future rate of interest, which has been claimed by applicant Bank in the original application, i.e. @ 11.25% per annum, with quarterly rests, from 22.07.2017, is allowed.

11. Since Ganesh Chandra Bhowmick, the principal borrower of M/s Maa Kali Nursery and mortgagor has expired, and the applicant Bank has filed this Application against Smt. Reba Bhowmick (wife of Late Ganesh Chandra Bhowmick), Sri Utpal Bhowmick (son of Late Ganesh Chandra Bhowmick), Sri Ujjal Bhowmick (son of Late Ganesh Chandra Bhowmick) and Sri Prasanjit Bhowmick (son of Late Ganesh Chandra Bhowmick) [hereinafter referred to as defendant No.1, 2, 3 & 4 respectively]. Upon perusal on Guarantee Agreement dated 02.11.2011 it reveals that Ganesh Chandra Bhowmick (since deceased), Reba Bhowmick (defendant No.1) and Sri Birendra Nath Shasmal (defendant

No.5) have duly executed and delivered the said Guarantee Agreement in favour of applicant Bank. Hence, the liability of legal heirs of Late Ganesh Chandra Bhowmick is only to the extent of the property(s) inherited by them from Ganesh Chandra Bhowmick (since deceased), the borrower and mortgagor. Though it is fact that the defendants No.2, 3 & 4 are not personally responsible for the loan availed by Ganesh Chandra Bhowmick (since deceased), Smt. Reba Bhowmick (defendant No.1) and Sri Birendra Nath Shasmal (defendant No.5), but the estate of Late Ganesh Chandra Bhowmick which are devolved upon the defendants No.2, 3 & 4 will be liable for the loan of Ganesh Chandra Bhowmick (since deceased). Hence, the liability of Defendants No.2, 3 & 4 are restricted to the extent of assets inherited by them from Ganesh Chandra Bhowmick (since deceased), the borrower and mortgagor.

12. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. Applicant Bank has proved to claim made in the O.A./T.A. The T.A. being T.A./126 of 2019 (arising out of O.A./170 of 2018) deserves to be allowed; hence allowed.

13. In view of the above, I pass the following order :-

ORDER

(i) T.A./126 of 2019 (arising out of O.A./170 of 2018), filed by the Applicant Bank, is allowed and debt is determined with cost against the Defendants No.1 to 5. It is hereby ordered that the Defendants No.1, 2, 3, 4 & 5 are hereby directed to pay, jointly and / or severally the total debt amount of **Rs.14,51,025.00** (Rupees fourteen lacs fifty one thousand twenty five) due and payable, inclusive of interest and other charges as calculated upto 21.07.2017; and interest for the period *pendente lite* and future rate, i.e. @ 11.25% per annum, with quarterly rests, from 22.07.2017, 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 to 5. Accordingly, the *pendente lite* and future interest shall be calculated on the reduced amount.

(iii) The defendants No.1 to 5 are debarred from transferring, alienating, encumbering or disposing of the mortgage immovable properties; morefully described in Schedule 'X-1' & 'X-2' at page 29 and para 3A at page 9 to 11 of the original application, as under –

"(1) ALL THAT land measuring District – South 24-Parganas, Sub Registry Office – Buz Buz, 340, 342, number Touzi, J.L. No.106, Mouza – Sonaria, Village – 4 No. Kheraji Khatian – 279, Sali Land, 67 satak 11/784, 11 No. Dag Bata – 700 Dag No.84, Sali land 2.44 satak land Dag 2 No. madhye, 18½ satak,, Police Station – Buz Buz, and Registered vide Book No.-I Volume No.- 7, Page No.- 1 to 6, Gift Deed No.485 for the year of 1986, stand in the name of Ganesh Chandra Bhowmick, and further;

(2) ALL THAT land measuring District – South 24-Parganas, Police Station – Buz Buz, & Hal – Nodakhali, Sub Registry Office – Buz Buz, Touzi No.- 340/342, Mouza – Sonaria, 4 No.- Rayat, 208, Khatian No.– 226, Hal – 398 Khatian, Dag – 265, Sali 1/55, total land 20 Satak only and Registered and recorded Book- I Volume No.- 8, Pages – 169 to 174, Gift Deed being No.489 for the year 1997, stand in favour of Sri Ganesh Chandra Bhowmick (presently deceased)."

The liability of Defendants No.2, 3 & 4 are restricted to the extent of assets inherited by them from Ganesh Chandra Bhowmick (since deceased), the borrower and mortgagor.

The Defendants No.1 to 5 are also debarred from transferring, alienating, 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 5 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. In 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 properties, as aforesaid. Applicant Bank is also entitled to proceed against personal properties of the Defendants No.1 & 5 both moveable and immovable and also proceed against the Defendants No.1 & 5 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, 4 & 5 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 the Defendants No.1, 2, 3, 4 & 5, 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.126 of 2019 (arising out of O.A.170 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 21^st day of August, 2025.

Copy of the Final Order / Judgment be uploaded in the Tribunal's Website.

*Arbind Madhav* 21.8.25 (Arbind Madhav) Presiding Officer DRT-2, Kolkata

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