UNION BANK OF INDIA vs SRI VICTOR DUTTA on 17 December 2025

1. 1. **Sri Victor Dutta**, Son of Late Asit Kumar Dutta, having its principal place of business and/or residence at Flat No.11, Fourth Floor, 9, Bidhan Park, Kolkata – 700090, West Bengal, and also at Flat No.5A, 04^th Floor, 'Adwitiya Apartment', Holding No.RGM-242 (AS/26/BI-L/12-13), Kaikhali Main Road, P.S.- Airport, Ward No.26, Rajarhat Gopalpur Municipality, Dist.- North 24-Parganas, Kolkata – 700052, West Bengal.

2. 2. **Smt. Runa Dutta**, wife of Sri Victor Dutta, having its principal place of business and/or residence at Flat No.11, Fourth Floor, 9, Bidhan Park, Kolkata – 700090, West Bengal, and also at Flat No.5A, 04^th Floor, 'Adwitiya Apartment', Holding No.RGM-242 (AS/26/BI-L/12-13), Kaikhali Main Road, P.S.- Airport, Ward No.26, Rajarhat Gopalpur Municipality, Dist.- North 24-Parganas, Kolkata – 700052, West Bengal.

3. 3. **Smt. Jayanti Dutta**, wife of Late Asit Kumar Dutta, having its principal place of business and/or residence at Flat No.11, Fourth Floor, 9, Bidhan Park, Kolkata – 700090, West Bengal, and also at Flat No.5A, 04^th Floor, 'Adwitiya Apartment', Holding No.RGM-242 (AS/26/BI-L/12-13), Kaikhali Main Road, P.S.- Airport, Ward No.26, Rajarhat Gopalpur Municipality, Dist.- North 24-Parganas, Kolkata – 700052, West Bengal.

..... Defendants

Counsel for parties:

For the Applicant Bank : Ms. Smruti Rekha Mishra.

For the Defendants : *Ex-Parte*.

**FINAL ORDER / JUDGMENT**

Delivered on 17.12.2025

Applicant (Union Bank of India), erstwhile Corporation Bank instituted the present Application being the Original Application No.865 of 2018 filed in DRT-3, Kolkata on 02.11.2018 against three Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of **Rs.14,99,872.00** (Rupees fourteen lacs ninety nine thousand eight hundred seventy two) and other charges as calculated as on 29.09.2018 together with interest *pendenti lite* and future @ 14.35% per annum from 30.09.2018, 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 13.11.2019 and the same has been renumbered as T.A./ 602 of 2020 vide Ld. Registrar's order dated 26.11.2020.

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 G.S.R. 154(E) extraordinary Part-II, Section 3, sub-section (i) in the Gazette of India in exercise of the power conferred by Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (5 of 1970) and Section 9 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (40 of 1980). 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 for Union Bank of India has filed an I.A. being I.A./294 of 2022 dated 04.12.2020 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 for applicant Bank on 17.12.2020, such has been recorded in Ld. Registrar's order dated 17.12.2020.

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

(i) The Defendants approached and applied the applicant Bank for financial assistance vide application dated 06.09.2013. Upon consideration of loan application, applicant Bank was pleased to grant / sanction a Corporation Mortgaged Loan of **Rs.13,80,000/-** (Rupees thirteen lacs eighty thousand) in favour of the defendants vide sanction letter dated 21.09.2013 against equitable mortgage of immovable property as a collateral security upon the terms and conditions as mentioned in the said sanction letter; copies of loan application dated 06.09.2013 and sanction letter dated 21.09.2013 are annexed and marked as Annexure 'A-1' & 'A-2' respectively.

(ii) In acknowledgement of granting the said credit facility of Rs.13.80 lacs, the defendants executed and delivered the following loan / security documents all dated 21.09.2013 in favour of applicant Bank:

- (a) Demand Promissory Note for Rs.13,80,000/-;

- (b) Take Delivery Letter;

- (c) Letter of Undertaking / Declaration from the borrower(s).

Copies of said documents are annexed and marked as Annexure 'A-3', 'A-4' & 'A-5' respectively.

(iii) To secure the aforesaid credit facility of Rs.13.80 lakhs, the defendants visited the Bank's premises and duly created equitable mortgage in respect of immovable property, morefully described in Schedule 'X-1' at page 28 and para 3A at page 10 to 12 of the original application, by depositing Title Deed in favour of applicant Bank, and registered in favour of Asit Kumar Dutta (since deceased) and the Deed of Conveyance dated 10.03.2006 registered before the Additional Registrar of Assurance – II, Kolkata being No.9022 for the year 2006. Copy of Deed No.9022 for the year 2006 is annexed and marked as Annexure 'A-6'. Further, the defendants confirmed the creation of equitable mortgage by deposit of aforesaid original Title Deed being No.9022 of 2006 in favour of applicant Bank vide a Memorandum of deposit of Title Deeds dated 21.09.2013 in favour of applicant bank. Copy of said Memorandum of deposit of Title Deeds dated 21.09.2013 is annexed and marked as Annexure 'A-7'.

(iv) Further, the applicant Bank got valued the mortgaged secured property through its empaneled valuer and the valuer submitted its valuation report to the applicant Bank. Copy of said Valuation Report is annexed and marked as Annexure 'A-8'.

(v) In consideration and in acknowledgement of the said credit limit in favour of the defendants, the defendants executed and delivered Acknowledgement of Debt / Liability dated 01.09.2016 and 20.09.2016 in favour of applicant Bank; copy of three Acknowledgement of Debt/Liability are annexed and marked as Annexure 'A-9', 'A-10' & 'A-11' respectively.

5. The Defendants enjoyed the aforesaid credit facility by opening Account in Defendant No.1's name in Bank's Sinthee More Branch, 6-B, Kalicharan Ghosh Road, Kolkata – 700050. 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 31.12.2017. Considering the default and violation of the terms and conditions of the credit facility, applicant Bank issued a re-call / demand notice dated 24.10.2018 upon the defendants through its Ld. Advocate calling upon them to repay the outstanding Bank's dues, but the defendants did not comply with the said notice; copy of notice dated 24.10.2018 is annexed and marked as Annexure 'A-12'. Certified copies of Statement of Accounts 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 future interest from 30.09.2018 along with

interest @ 14.35% per annum, 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 was sent to the Defendants No.1, 2 & 3 by the Tribunal. It is seen from the affidavit of service dated 08.03.2022 that service of Notices / summons upon the Defendants by postal service has been successfully completed, such has been recorded vide Ld. Registrar's order dated 07.06.2022. 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 03.07.2024. Applicant Bank has filed the brief notes of arguments on dated 19.09.2025 thereby stated the brief facts of the case as has been narrated in the original application. Ld. Advocate of the applicant Bank submitted arguments on 13.11.2025.

7. Applicant Bank has filed the evidence-on-affidavit affirmed by Ms. Sarbari Dutta, Branch Manager of erstwhile Bank's Sinthee More Branch, 6-B, Kalicharan Ghosh Road, Kolkata – 700050 along with 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 Branch Manager of Bank's Sinthee More Branch, 6-B, Kalicharan Ghosh Road, Kolkata – 700050 on 14.03.2019, such has been recorded in Ld. Registrar, DRT-3's order dated 14.03.2019. The documents produced by applicant Bank are exhibited and annexed at 'A-1' to 'A-13'.

I have heard the Ld. Advocate of 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 credit facility of Rs.13.80 lakhs vide sanction letter dated 21.09.2013. Applicant Bank has proved the creation of equitable mortgage of immovable property, morefully described in Schedule 'X-1' at page 28 and para 3A at page 10 to 12 of the original application.

9. On the point of limitation, Loan has been sanctioned on 21.09.2013; documents have been executed on 21.09.2013; original Application has been filed on 02.11.2018. Further, the defendants executed and delivered three 'Acknowledgement of Debt / Liability' dated 01.09.2016 and 20.09.2016 in favour of applicant Bank acknowledging the outstanding balance in loan account. As such, the original Application appears to have been filed well within the period of limitation.

10. Applicant Bank has stated that the outstanding balance in Loan Account (inclusive of accrued interest and other charges as calculated upto 29.09.2018) is **Rs.14,99,872.00** (Rupees fourteen lacs ninety nine thousand eight hundred seventy two) as on 29.09.2018, which is the amount claimed by the applicant Bank in the original Application, and the defendants No.1, 2 & 3 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 the applicant Bank in the original Application. Applicant Bank

has prayed future interest @ 14.35% per annum, till realization of the entire due in full; while in Demand Promissory Note dated 21.09.2013 the same rate of interest, i.e. @ 14.35% per annum has been mentioned. Therefore, the *pendente lite* & future rate of interest @ 14.35% per annum, with quarterly rests, from 30.09.2018, is allowed.

11. 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./602 of 2020 (arising out of O.A./865 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./602 of 2020 (arising out of O.A./865 of 2018), filed by applicant Bank, is allowed and debt is determined with cost against the Defendants No.1 to 3. It 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.14,99,872.00** (Rupees fourteen lacs ninety nine thousand eight hundred seventy two) due and payable, inclusive of interest and other charges as calculated upto 29.09.2018; and interest for the period *pendente lite* and future rate @ 14.35% per annum, with quarterly rests, from 30.09.2018, 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. Accordingly, the *pendente lite* and future interest shall be calculated on the reduced amount.

(iii) The defendants No.1 to 3 are debarred from transferring, alienating, encumbering or disposing of the mortgage immovable property; described in Schedule 'X-1' at page 28 and para 3A at page 10 to 12 of the original application, as under –

"ALL THAT a residential flat No.5A, 4^th Floor, measuring about 1000 square feet super-built up area consists of Two Bed rooms, Two Toilets, One Drawing-cum-Dining space, one Kitchen and Two Balconies and one Car parking space on the ground floor, measuring about 120 square feet in the building known as 'Adwitiya Apartment', built and constructed at or upon the plot of land measuring about 06 cottah 8 chittacks 30 square feet be the same little more or less comprised in Mouza – Kaikhali, J.L. No.5, R.S. No.115, Touzi No.118/B/1, appertaining to C.S. Khatian No.438, R.S. & L.R. Khatian No.782/1. Being Holding No.RGM-242 (AS/26/BI-L/12-13), Kaikhali Main Road, Police Station – Airport, Ward No.26, Rajarhat Gopalpur Municipality, Kolkata – 700052, District – North 24-Parganas, West Bengal together with undivided proportionate share and interest in the land and all common rights and facilities over the common areas and common utilities, registered in favour of Asit Kumar Dutta (since deceased) and the Deed of Conveyance dated 10.03.2006 registered before the Additional Registrar of Assurances – II Kolkata and recorded as Book No.I, Volume No.I, Pages 1 to 37, being No.9022 for the year 2006 and the said Asit Kumar Dutta (since deceased) having legal heirs as Defendants only."

The Defendants No.1, 2 & 3 are also debarred from transferring, alienating, 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 to 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. 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 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 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(22) of the Act of 1993.

**Accordingly, the Original Application, being T.A./602 of 2020 (arising out of O.A./865 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 17^th day of December, 2025.

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

(Arbind Madhav) 17.12.25 Presiding Officer DRT-2, Kolkata

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