UCO BANK vs M/S D L ENTERPRISES AND ORS on 11 February 2026

JUDGEMENT

1. The Applicant Bank filed an O.A. No. 620 of 2O1O before DRT _2, Kolkata on 07/06/2010. subsequentry, transferred to DRT -3 Korkata being re number as TA No. TN925/2O15 on 09/09/2015 for recovery of a total sum of Rs. 11,43,205.00/_ (Rupees Eleven Lac Forty Three Thousand Two Hundred Five only) from the Defendants towards cash credit Loan Facirities together with interest, cost and other usuar reriefs.

2. The Defendants are seaved with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex_parte hearing on 04/02/2026, and heard ex-parte accordingty, p

3. The Applicant Bank examined 11 documents through Mr. Ayan Das. working for a gain at UCO 8ank, marked as Exhibit Annexure _A to Exhibit Annexure _L_ t. ii. iii. vii. viai. ix. xi. Annexure- A- Application form for credit facilities duly filled up and signed by the Defendants dated 08.06.2007 (atong wtth partnership deed dated 25.05.2007). Annexure- B- Sanctioned Letter dated 20.06.2007 vide no. PDR/MISC/06-07 duty accepted by the defendants. Annexure- C- Demand promissory Notes dated 20,06.200?. Annexure- D- Letter of Waiver dated 20.06.2007. Annexure- E- Letter of continuity dated 20.06,2007, Annexure- F- Letter of i.revocable authority executed by the Defendants on 20.06.2007. Annexure- G- Deed of Hypothecation of Goods to secure a Demand-Cash-Credat dated 20.06.2007. Annexure- H- Deed of personal Guarantee executed by the Defendant No. 5 dated 20.05.2007- Annexure- I- Letters regarding irregulartty as well as reminders for payment of O/S dues in the said A/c, issued by the appticants bank to the Defendants on t?.Lo.2007, 05.11.2007, 23.06.2008, 26.09.2008, 29.10.2008, 72.12.zOOa, 18.12.2008, 02.01.2009, 02.02.2009, 17.03.2009, 11.06.2009, 11.09.2009, 07.12.2009 and 10,02.2010. Annexure- J- Notice u/s 13(2) of the SARFAESI Act, 2OO2 dated 23,O4.2OLO issued by the Applicant Eank upon all the defendants. Annexure- K- Statements of A/c showtng claim amount of the applicant bank as on 30.05.2010. Annexure- L- IGR being no, P-6213 of 19.11.2003 in favour of the Defendant No. 5 along with'No Objection Letter,dated 27.03.2003 issued by one'UTTARAYAN Housing co-operative Society Ltd.,Also in favour of the Defendant No. 5 and a search report in .espect of the property of the defendant no. 5 dated 06.06.2007, issued by one Mr. Purnendu Bikas Sengupta, Advocate. Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration is : Whether the Applicant Bank is entiUed to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

6. As stated supra, the Defendant remained absent and did not turn up to contrcvert the versaon of the O.A. of Appllcant Bank. The Evidence Affidavit coupled with the recatals in the documents viz., Exhibit Annexure -A to Exhibit Annexure -L marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severally liable to pay --lo the Applicant Bank the claims made in the OA with future interest and costs. ,&2

7. In the result, the present Original Application is allowed ex-parte with costs, as under:-

5.

ORDER

(1) T.A. No. 92S of 2015 filed by the Applcant Bank is a owed and debt is determined wlth cost agatnst the defendants. It ls hereby o.dered that appllcant bank is enflUed to recover from the defendants the total amount to the tune of Rs. 11,43,205.00/- (Rupees Eleven Lac Forty Three Thousand Two Hundred Five only) including lnterest upto 30.05.?010 fl[ fult and final realzaflon of the ctaim amount.

(2) Amount, tf any, paid by the defendants in the loar recovered by the Apprcant Bank after nrine or the ".^. ,^: "j::T: ij_i]",lI,"j"lJ]; while arriving at the el pendenteltte and rr,uatuo "'o'nt of dues/debt payable by the defendants. Accordlngly, interest shall be calculated on the reduced amount.

(3) Defendants are ::,ffI::.*'""'"'"fl';""''iT"'::::';"J:::Y.1,T1":'.J::."LI,T: :1:". r::tilffir":"r:** " time or thrrtv davs rrom the date or the rudsemenvFinar *:::r:*. rairto pav,l";:;,il:J:;:""#"#,Jl"ted to them. rn case the enuded to .ecover its dues * *. ^;:^-.._-;*vE rnensoned time, the appticant bank is to proceed "n",n"a o"oj1l'-tale of secu'ed assets' if any Applicant bank is arso entitred and arso proceed "gu,nra ll' propertles of the defendants (Bo raw. the derendants r"_""";,;;;;:;Hl,:ff:::JH:JTI?

(5) Let the Certificate Judgement for issuance "lt-.l*o"".Y be drawn up by l-d. Registrar fo.thwith in terms of under section rn,rr, "rj tl" same against oerenaants tn ra same ro, issuance or,n" .jj,lJlJ"o "i ,";;';;;;";;J::'J "i"f #::J:rtil:

(6) Ld. Recovery Officer the derendants in acc".a"":""fll ;;1'" the amount as per the Recovery certificate rrom

(7) Ld. Registrar of this Rnal ordey'iudgemen, ,o,, "'o'n"' ls directed to deliver recover Applicant Bank ,n0"., ,"ol"to'!' of the sum "'"'*t tn" o"""llfl";r:T;t.T: Financiar Insututions oo, ,rll "

(22) of the Recovery of Debts due to the Bank and 93 now known as Recovery of Debts and Bankruptcy Act, 1993.

(8) The parties are direcl tu.ther action in accordance L"L t: u"""t before the Recoverv offlcer on 02/03/2026 for date. with law in the event the entire amount is not paid by the said A2 accordtngty,the originat Appl of 2o1o) is arowed a", "-.::::;r.':1.r'A No e2s of 2o1s (arisrns out of o.A. No. 620

Copy of the ludgement/Final Order be uploaded in the Tribunal,s website. Fale is consigned to the Record Room. (Oictated to steno, transcribed by him, corrected, srgned and pronounced by me in the open Court on this the tlth-day of February,2026. g,V ,

- tsnro*grlt'iilffi PRESIDING OFFICER OF DRT -II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Case No. T.A. 92S Of 2015 UCO Bank vs. ,{/s, D L Enterprise & Ors. Order No, 25 ot. 11/O2t2026 Item No. 04 Order pronounced (vide separate sheets) In the resutt, T.A. 925 Of 2015 (O.A. No. 620 Of 2O1O) is allowed with costs. Issue Recovery Certificate accordlngly. (Arbind Madhav) Prestding Officer DRT -2, Kotkata Additional Charge Of DRT -3, Kotkata