UNION BANK OF INDIA vs M/S EMCO PLASTICS WORKS PVT LTD on 18 February 2026

BEFORE THE DEBTS RECOVERY TRIBUNAL-III KOLKATA

PRESENTT- SRI ARBIND MADHAv

PRESIDING OFFICER OF DRT-II KOLKATA

ADDTTTONAL CHARGE OF DRT-III KOLKATA

T.A. NO. 450 ()F 2014,

DATE OF DELIVERY OF oRDER I tAlo2l2026

Unlon Bank of India is a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980, havrng its Head Office at 239, Vidhan Bhawan l4arg, Mumbai-400021, and carrying on business through its different branches including one at 10/2, Beliaghata Road, Kolkata- 7OOO15, West Bengal, commonly known as Unlon Bank of India, Munshibazar Branch, within the jurisdiction of this Ld. Tribunal.

Applicant Bank.

-Versus-

1, M/s. Emco Plastics Works Private Limited, a private limited comPany incorporated and registered under the Companies Act, 1956, having its Registered Office at 12, Radhanath Chowdhury Road, Kolkata-700015 and factory at 46, Murari Pukur Road, Kolkata-700054, both within the jurisdiction as aforesaid.

2. Sri Lokenath Kakaranla Karta of Hindu Undivided Family having its office andl or residing at 604A, Dakshin Dari Road, Kolkata-700048, within the jurisdiction as aforesaid.

3. Sri Sunil Kumar Kakarania, son of Sri Lokenath Kakarania, having its office andl or residing at 604A, Dakshin Dari Road, Kolkata-700048, within the jurisdiction as aforesaid.

4. Sri Saket Kakarania, son of Sri Sunil Kumar Kakarania, having its office and/ or residing at 604A, Dakshin Dari Road, Kolkata-700048, within the jurisdiction as aforesaid.

5. Sri Prateek kakarania, son of Sri Sunil Kumar Kakarania, having its office andl or residing at 604A, Dakshin Dari Road, Kolkata-700048, within the lurisdiction as aforesaid.

6. Smt. Premlata Kakarania, wife of Sra Sunil Kumar Kakarania, having its offace and/ or residing at 504A, Dakshin Dari Road, Kolkata-700048, wathin the lurisdiction as aforesaid,

7. M/s. Prateek Plastometals Private Limited, a pravate lrmited company incorporated and reglstered under The Companies Act, 1956, having its Registered Office at p-64

and 65 Udayan Industrial Estate,3 Pagladanga Road, Kotkata-700015, within the jurisdiction as aforesaid.

8. i4/s. Qumex Moulds Private Limited, a private limited company incorporatect and registered under The Companies Act, 1956, having its Registered Office at 40, Tangra Road, Kolkata-700015, within the jurisdiction as aforesaid.

9. M/s. Kakarania Plastometals Private Limited, a private limited company incorporated and registered under The Companies Act, 1956, having its Registered Office at 12, Radhanath Choudhury Road, Kolkata-700015, within the jurisdiction as aforesaid.

10. !l/s. Rachna Collapsible Tubes Private Limited, a private timited company incorporated and registered under The Companies Act, 1956, having its Registered Office at 12, Radhanath Choudhury Road, Kolkata-700015, within the jurisdiction as aforesaid Defendants.

Counsel for the APPlicant Bank: -

JUDGEIYENT

The Applicant Bank filed the present TA being No. TAl450/2074 on 7710712014 (arising out of O.A. No. 74 ot 2074 filed before DRT-2, Kolkata) for recovery of a total sum of Rs'

2,34,75,4091'(Rupees two crore thirty four lakh seventy five thousand four hundred nine only) from the Defendants towards Open Cash Credit facility and WCTL together with interest. cost and other usual reliefs

S. P. Choudhuri, Ld. Counsel

Set ex-parte on

71/02/2026

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The Defendants are

representation from

and heard ex-Parte

served with summons. The defendants did not appear, as there was no the defendants, the case was fixed for ex-parte hearing on 11/0212026, accordingly.

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4$'""t.,,

The Applicant Bank examined 27 documents through lYs, tndira Nlukherlee, Chief Manager marked as Exhibit Annexure-A to Exhibit Annexure-l\4

Annexure A- Copy of the Application

Annexure A-1- Copy of the Sanction Letter being letter No. 0288/52lEmco/47

Annexure A-2- Copy of the Extract of lYinutes of meeting Annexure B- Copy of the Demand Promissory Note for Rs, 1,00,00,000/- Annexure B-1- Copy of the Composite agreement Annexure B-2- Copy of the Consent letter for disclosure of information to'CIBIL'

Annexure C- General Form of Guarantee and Consent Letter for Disclosure of Information to'CIBIL'

Annexure D- Copy of the Confirmation Letter Annexure D-1- Copy of the Deed of Conveyance Annexure E- Copy of the Confirmation Letter Annexure E-1- Copy of the Deed of Conveyance Annexure F- Copy of the Confirmation Letter Annexure F-1- Copy of the Deed of Conveyance Annexure G- Copy of the Confirmation Letter Annexure G-1- Copy of the Deed of Conveyance Annexure H- Copy of the Confirmation Letter Annexure H-1- Copy of the Deed of Long Term Lease Annexure H-2- Copy of the no objection certificate from WBSIDC

Annexure H-3- Copy of the resolution

Annexure I- Copy of the Confirmation Letter Annexure l-1- Copy of deed of sale Annexure J- Copy of the Confirmation Letter Annexure l-1- Copy of deed of sale Annexure K- Copy of the Charge Certificate Annexure L- Copy of the Demand Notices Annexure I'l- Copy of the Statement of Accounts

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Heard the Ld. Counsel for the Applicant Bank The pornt that aflses for consideratlon is I

Whether the Applicant Bank is entitled to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

As stated supra, the Defendant remained absent and did not turn up to controvert the versionoftheo.A.ofApplicantBank'TheEvidenceAffidavitcoupledw.ththerecitalsinthe documents viz., Exhibits Annexure-A to Annexure-M 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 lointly and severally liable to pay to the Applicant Bank the claims made in the OA with future interest and costs'

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