Debts Recovery Tribunals and Appellate Tribunals
UNION BANK OF INDIA vs DIPANKAR BHATTACHARJEE AND ANR on 23 February 2026
BEFORE THE DEBTS RECOVERY TRIBUNAL'III KOLXATA
PRESENT:- SRI ARBIND MADHAV
PRESIDING OFFICER OF DRT-II KOLKATA
ADDITIONAL CHARGE OF DRT.III KOLKATA
T.A. NO. 29 0F 2016.
DATE OF DELIVERY oF ORDER | 2310212026
Union Bank of India is a body corporate constituted under the provisions of the eanting Companies (Acquisition and Transfer of Undertakings) Act, 1980, having its ieaa O-ffice ui z:g, viaf,un Bhawan lvlarg, Ivumbai-400021, and carrying on business tf,iorgh iii iifferent branches including one at Bhowanipore Branch, situated at iili'iurit Bose Road, Kolkata-7ooo2o, under the P S Bhowanipore' within the jurisdiction of this Ld. Tribunal.
Applicant Bank.
1.
2.
Mr. Dipankar Bhattacharya, son of late Kalipada Bhattacharya, Road, Dum Dum, Kolkata-700028
Mrs. Esha Bhattacharya, wife of Mr. Dipankar Bhattacharya, Road, Dum Dum, Kolkata-700028, of 12111, U. K. Dutta of 12111, U. K. Dutta Defendants.
Counsel for the APP|icant Bank: -
] UDGET4 ENT
The Applicant Bank filed the present TA being No TA/29l2016 on O3llo/2OO7 (arising out of T.A, No. 01 of 2O1O filed before DRT-2, Kolkata, which further arose from Money Suit No 710 of 2OO7 from the Court of the 4'h Ld Civil Judge, Senior Division, District- South 24
Parganas, Alipore) for recovery of a total sum of Rs. 11,56,271l- (Rupees eleven lakh fifty six thousand two hundred and seventy one only) from the Defendants towards Housing Loan together with interest, cost and other usual reliefs
2.TheDefendantsareservedwithsummons.Thedefendantsdidnotappear,astherewasno representation from the defendants, the case was fixed for ex-parte hearing on 13/0212026, and heard ex-Parte accordinglY
The Applicant Bank examined 4 documents through sri Prasanta Kanti Datta' Branch Manager marked as Exhibit Annexure-A to Exhibit Annexure-D'
Heard the Ld. Counsel for the Applicant Bank Md. Eabulal Nlollah, Ld. Counsel Set ex-parte on t3l02l2026
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The point that arises for consideration is :
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 version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz.. Exhibits Annexure-A to Annexure-D marked on behalf of the Applicant Bank. established the claim of the Applicant Bank agalnst the Defendants and OA schedule properties. Hence, I hold that the Oefendants are iointly 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 Application is allowed ex-parte with costs, as under:-
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ORDER
(1) T.A. No. 29 of 2016 faled by the Applicant Bank is allowed and debt as determined with cost against the defendants. tt is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 11,56,271l- (Rupees eleven lakh fifty six thousand two hundred and seventy one only) with pendentelite and future interest @ 8.25c% per annum interest with simple on the amount due from the date of filing of the Original Application i.e O3/10/2007 till full and final realization of the claim amount'
(2) Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A, the same be taken into account while arrrving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future lnterest shall be calculated on the reduced amount.
(3) Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants
(4) Defendants are given a time of thirty days from the date of the ludgement/Final Order for repaying 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 assets, if any, Applicant bank isalso entitled to proceed against personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.
(s) Let the Certificate of Recovery be drawn up by Ld Registrar forthwith in terms of ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.
(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the e9 defendants in accordance with law.
(7) Ld. Registrar of this Trlbunal is dlrected to deliver recovery certificate in term of the final order/Judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.
(8) The parties are directed to appear before the Recovery Officer on 23/03/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, T.A. No. 29 of 2016 (arising out of T.A. No. 01 of 2o1o filed before DRT-2, Kolkata, whach further arose from Money Suit No. 710 of 2OO7 from the Court of the 4th Ld, Civil ludge, Senior Division, District- South 24 Parganas, Alipore) is allowed and stands disposed of. Copy of the ludgement/Final Order be uploaded in the Tribunal's websate. File is conslgned to the Record Room. (Diclated to st€no, transcribed by her, corected, srgned and pronounced by me in the open court on the 23d day of February, 2025) '.:) F-sni anerio MA*lAf-) PRESIDING OFFICER OF DRT-II KOLKATA ADDINONAL CHARGE OF DRT-III KOLKATA
Debts Recovery Tribunal-3, Kolkata Order sheet (Conti n uation ) Ei!e-no. n tro. 29 of 2016 Order pronounced (vide separate sheets) In the result, T.A No.29 of 2016 (ar'sing out of TA No 01 of2010 filed before DRT-2, Kolkata, whrch further arose from f4oney Suit No' 710 of 2Oo7 from the court of the 4'n Ld Civil Judge' Senior Division' District- South 24 Parganas, Alipore) is allowed with costs' Issue Recovery Certificate accorclingly' L- ( Arbind lvadhav ) Presiding Offlcer DRT-2, Kolkata Additional charge of DRT-3, Kolkata Order No.24 Dt.23102/2026 -- UnionJiBa;k oiGdia Vs. Dioankar Bhattacharye34!].- Date of Order Order with signature ss