UNION BANK OF INDIA vs SRI TRIDIP MONDAL on 24 December 2024

Page.No.

KOLKATA DEBTS RECOVERY TRIBUNAL NO. 2

ORDER SHEET

(Continuation)

T.A./85 of 2020 Case No. (O.A./364 of 2018),

Union Bank of India (erstwhile Corporation Bank)

Vs Sri Tridip Mondal & Anr.

<table border="1"><thead><tr><th data-bbox="141 219 213 281">Date of Order</th><th data-bbox="213 219 771 281">Order with Signature</th><th data-bbox="771 219 895 281">Office action with date and dated Signature of parties when necessary</th></tr></thead><tbody><tr><td data-bbox="141 281 213 918">16<br/>24.12.2024</td><td data-bbox="213 281 771 918"><p>Counsel for the parties:<br/>Ms. Smruti Rekha Mishra, Ld. Advocate for the applicant Bank.<br/>None for the defendants.<br/>T.A./85 of 2020 (arising out of O.A./364 of 201*) is allowed and disposed of.<br/>Final order / Judgment is in separate sheet of 5 pages.<br/>File be consigned to record room.<br/>Order be uploaded on the Tribunal's website.</p><p style="text-align: right;"><br/>(Arbind Madhav)<br/>Presiding Officer<br/>DRT-2, Kolkata</p></td><td data-bbox="771 281 895 918"></td></tr></tbody></table>

1

TA/85 of 2020 – DRT-2/Kol

**DEBTS RECOVERY TRIBUNAL - 2, KOLKATA**

Jeevan Sudha Bldg. 07^th Floor, 42/C, J.L. Nehru Road, Kolkata – 700071

**Before Shri Arbind Madhav, Presiding Officer**

**T.A. No. 85 of 2020**

(arising out of O.A./364 of 2018)

In the matter of -

**Union Bank of India** (erstwhile Corporation Bank) is a body corporate duly constituted under the provisions of Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970, having its Head Office at 239, Vidhan Bhawan Marg, Mumbai – 400021, and carrying on business, *inter alia*, at Amtala Branch, N.D. Road, Amtala, P.O.- Kanya Nagar, South 24-Parganas, Pin – 743503, West Bengal.

..... Applicant Bank

-Versus-

- 1. **Sri Tridip Mondal**, Son of Sri Rampada Mondal, having its residence at Vill.- Balkalikapur, P.O.- Bakhrahat, P.S.- Bishnupur, Dist.- South 24-Parganas, Pin – 743503, West Bengal.

- 2. **Smt. Tina Mondal**, wife of Sri Tridip Mondal, having its residence at Vill.- Balkalikapur, P.O.- Bakhrahat, P.S.- Bishnupur, Dist.- South 24-Parganas, Pin – 743503, West Bengal.

..... Defendants

Counsel for parties:

For the Applicant Bank : Ms. Smruti Rekha Mishra, For the Defendants : *Ex-Parte*

**FINAL ORDER / JUDGMENT**

Delivered on 24.12.2024

Applicant (Union Bank of India), erstwhile Corporation Bank instituted the present Application being the Original Application No.364 of 2018 filed in DRT-3, Kolkata on 21.05.2018 against two Defendants under Section 19(1) of the Recovery of Debts & Bankruptcy Act, 1993 (amended from time to time) for recovery of Rs.17,28,056.61 (Rupees seventeen lacs twenty eight thousand fifty six and paise sixty one) as on 22.04.2018 along with interest @ 10.65% 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 21.10.2019 and the same has been renumbered as T.A./ 85 of 2020 vide Ld. Registrar's order dated 06.11.2019.

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 Defendant No.1 as a borrower and the defendant No.2 as a co-borrower. At the request of defendant No. 1 vide an application dated 24.08.2011 applied the applicant Bank for financial assistance; upon consideration of loan application, applicant Bank was pleased to grant / sanction a Corp. home loan to the limit of Rs.13,75,000/- (Rupees thirteen lacs seventy five thousand) in favour of the defendants vide sanction letter dated 21.09.2011 against equitable mortgage of immovable property as a primary security upon the terms and conditions as mentioned in the said sanction letter. Copies of loan application dated 24.08.2011 and sanction letter dated 21.09.2011 are annexed and marked as Annexure 'A-1' & 'A-2' respectively.

(ii) In acknowledgement of granting the aforesaid housing loan facility of Rs.13.75 lakhs availed by Defendants No.1 & 2, the defendants executed the following security documents in favour of applicant Bank all dated 22.09.2011

(a) Agreement for Term Loan;

(b) Letter of Undertaking / Declaration from borrower(s).

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

(iii) In consideration of the aforesaid credit facility granted, the defendant No.1 created equitable mortgage in respect of his immovable property; described in Schedule 'X-1' at page 23 and para 3A at page 8 of the O.A., by depositing title deed being No.05333 for the year 2009 with the applicant Bank and registered before the Addl. District Sub-Registrar of Bishnupur, ADSR Bishnupur and stand in the name of Sri Tridip Mondal; copy of Deed being No.05333 for the year 2009 is annexed and marked as Annexure 'A-5'. Further, the defendant No.1 confirmed the creation of equitable mortgage of immovable property by executing a Memorandum of Deposit of Title Deed dated 22.09.2011; copy of said Memorandum of deposit of Title Deed dated 22.09.2011 is annexed and marked as Annexure 'A-6'.

(iv) Applicant Bank got valued the mortgaged secured property 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-7'.

(v) In acknowledgement of the said housing loan facility in favour of the defendant No.1 and for the purpose of securing repayment of debit balance, the defendants executed and delivered two 'Acknowledgement of Debt / Liability' dated 15.09.2014 and 12.09.2017 in favour of applicant Bank; copies of the same are annexed and marked as Annexure 'A-8' & 'A-9' respectively.

5. The Defendants enjoyed the aforementioned housing / term loan facility by opening Account in Bank's Amtala Branch, N.D. Road, P.O.- Kanya Nagar, 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 20.08.2015. Thereafter, the applicant Bank issued a re-call / demand notice dated 05.05.2018 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 05.05.2018 is annexed and marked as Annexure 'A-10'. Certified copies of Statement of Account along with Certificate under Bankers' Books Evidence Act, with Statement of Claim, have been filed to show and prove the dues (Annexure 'A-11'), and future interest @ 10.65% per annum, from 23.04.2018 till realization of the entire due in full, has been prayed. Applicant Bank submitted that their claim in the Application is within limitation.

6. The notices / summons were sent to the Defendants No.1 & 2 by the Tribunal; service of Notices / summons upon both the Defendants have been successfully completed by postal service, such has been recorded vide Ld. Registrar-in-charge's order dated 22.02.2024. Ld. Advocate has filed the English translation copy of Bengali title deed on 22.02.2024. Despite service, the defendants did not appear nor filed the written statement; thus, both the defendants were ordered to be proceeded *ex-parte* vide order dated 20.06.2024. Ld. Advocate of the applicant Bank submitted arguments on 27.11.2024.

7. Applicant Bank has filed the evidence-on-affidavit affirmed by Shyamalendu Sarkar, Branch Manager of 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 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 to Mr. Naqui Imam, Sr. Manager (Law) of Bank's Regional Office, 3, Middleton Row, Park Street, Kolkata – 700071 on 28.09.2022, such has been recorded vide Ld. Registrar's order dated 28.09.2022. The documents produced by the Applicant Bank are exhibited and annexed at 'A-1' to 'A-11'.

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

4T.A/85 of 2020 – DRT-2/Kol

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 home loan to the limit of Rs.13.75 lakhs. Applicant Bank has proved the creation of equitable mortgage of immovable property, morefully described in Schedule 'X-1' at page 23 and para 3A at page 8 of the original application.

9. On the point of limitation, Loan has been sanctioned on 21.09.2011; documents have been executed on 22.09.2011; original Application has been filed on 21.05.2018. Further, the defendants executed and delivered the 'Acknowledgement of Debt / Liability dated 15.09.2014 and 12.09.2017 in favour of applicant Bank acknowledging the outstanding balance in loan account(s). 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 22.04.2018) is **Rs.17,28,056.61** (Rupees seventeen lacs twenty eight thousand fifty six and paise sixty one) as on 22.04.2018, which is the amount claimed by the applicant Bank in the original Application, and the defendants No.1 & 2 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 @ 10.65% per annum, while in sanction letter dated 21.09.2011 the rate of interest @ 11.50% per annum has been mentioned. The defendants have taken the loan for house building purpose; therefore, in my view, the *pendente lite* & future rate of interest which has been claimed by applicant Bank in O.A., i.e. @ 10.65% per annum, simple, from 23.04.2018, is allowed.

11. The matter also falls within the territorial as well as pecuniary jurisdiction of this Tribunal. The Applicant Bank has proved to claim made in the O.A./T.A. The T.A. being T.A./85 of 2020 (arising out of O.A./364 of 2018) deserves to be allowed; hence allowed.

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

ORDER

(i) T.A./85 of 2020 (arising out of O.A./364 of 2018), filed by the Applicant Bank, is allowed and debt is determined with cost against the Defendants No.1 & 2. It is hereby ordered that the Defendants No.1 & 2 are hereby directed to pay, jointly and / or severally the total debt amount of **Rs.17,28,056.61** (Rupees seventeen lacs twenty eight thousand fifty six and paise sixty one) due and payable, inclusive of interest and other charges as calculated upto 22.04.2018; and interest for the period *pendente lite* and future rate, i.e. @ 10.65% per annum, simple, from 23.04.2018, 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 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 No.1 & 2. Accordingly, the *pendente lite* and future interest shall be calculated on the reduced amount.

(iii) The defendants No.1 & 2 are debarred from transferring, alienating, encumbering or disposing of the mortgage immovable property; described in Schedule 'X-1' at page 23 and para 3A at page 8 of the original application, as under –

*"ALL THAT land and building as mentioned in the Sale Deed (Bengali Kobala) situated at Mouza – Barkalikapur, J.L. No.49, Touzi No.392, R.S. Khatian No.103, L.R. Khatian No.1569, Dag No.495, within local limits of Patherberia, Jaychondipur Gram Panchayat 8, bastu land and building having area District – 24-Pgns.(South), P.S.- Bishnupur, with building Ground floor and 1^st Floor of two storied building measuring 2228 sq.ft. on a land measuring 3 cottah 10 chittaks 4 sq.ft. and registered and recorded vide Book-I, Volume No.17, Pages – 1174 to 1185, being No.05333 for the year 2009."*

The Defendants No.1 & 2 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 & 2 are given a time of forty-five 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 & 2 both moveable and immovable 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 No.1 & 2 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, 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./85 of 2020 (arising out of O.A./364 of 2018) is allowed and stands disposed of.**

This order is dictated and corrected by the undersigned and pronounced on this the 24^th day of December, 2024.

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

(Arbind Madhava) Presiding Officer DRT-2, Kolkata

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