UCO BANK vs M/S NISHA IMPEX AND ORS on 28 April 2026

JUDGEMENT

The Applicant Bank flled the present TA being No. TAl1471l2015 on 20/01/2009 (arising out of o.A. No. 51 of 2oo9 flled before DRT-2, Kolkata) for recovery of a total sum of Rs' 33,30,3241- (Rupees thlrty three lakh thlrty thousand three hundred and twenty four only) fromtheDefendantstowardscashcredlttogetherwlthlnterest,costandotherusual reliefs. Rahul Modak, Ld, counsel Set ex-Parte on 2t104/2026

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2. The Defendants are served with summons. The defendant appeared but failed to file the w's withln the stlpulated time. Two written statements, however, were filed on 15/09/2016 and O?/O3/2018,1.e,, much beyond the stlpulated time llmlt and whlch could not be accepted or taken lnto cognlzance thereof accordlngly There was no representatlon from the defendants subsequently and the case was fixed for ex-parte hearing on 21104/2026, and heard ex- parte accordinglY. The Applicant Bank examhed 10 documents through Srl G. C. Jena, Senior llanager marked as Exhibit Annexure-B to Exhibit Annexure-R. Heard the Ld. Counsel for the Applicant Bank. The point that arises for consideration ls : Whether the Appllcant Bank ls entltled to the claim made in the oA against the Defendants and OA schedule propertles as prayed for? As stated supra, the Defendant remalned absent and did not turn up to controvert the version of the O.A. of Applicant Bank ln filing wrltten statement within stipulated period as mandated in RoB Act, 1993. The Evidence Affidavit coupled with the recitals in the documents vlz,, Exhiblt Annexure-B to Exhlblt Annexure-R marked on behalf of the Applicant Bank, established the clalm of the Appllcant Bank against the Defendants and OA schedule properties. Hence, t hold that the Defendants are Jointly and severally liable to pay to the Applicant Bank the clalms made ln the oA wlth future lnterest and costs' ln the result, the present Orlglnal Appllcation is allowed ex-parte with costs, as under:-

ORDER

(1) T.A. No. 1471 of 2015 filed by the Appllcant Bank ls allowed and debt ls determined with cost against the defendants. lt ls he.eby ordered that applicant bank is entitled to recover fromthedefendantsthetotalamounttothetuneofRs'33,30,324l-(Rupeesthirtythree lakh thirty thousand three hundred and twenty four only) with pendentelite and future interest @ 13olo per annum lnterest wlth simple on the amount due from the date of flllng oftheoriginalApplicationl.e.2ol01/2oogtillfullandfinalreallzationoftheclaimamoUnt.

(2) Amount, if any, pald by the defendants ln the loan accounts or amount, lf any, recovered by the Applicant Bank after flling of the O.A. the same be taken lnto account while arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

(3) Defendants are debarred from disposing, alienatlng or dealing with any of the properties belonging to them tl,l the aforesaid decretal debt ls recovered from the defendants'

(4) Defendants are given a tlme of thirty days from the date of the Judgement/Final Order for repaylng of the above mentloned dues, so lntlmated to them. In case the defendants fail

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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 is also entltled to proceed against personal propertles of the defendants (Both movable and lmmovable) and also proceed against the defendants personally to recover the dues in accordance with law'

(5) Let the Certificate of Recovery be drawn up by Ld' Reglstrar forthwith in terms of Judgement for issuance of the same against defendants ln favour of the applicant bank Undersectionlg(22)oftheRecoveryofDebtsandBankruptcyAct,1993andputupthe same for issuance of the Certificate.

(6) Ld. Recovery Officer shall realize the amount defendants in accordance with law. as per the Recovery Certificate from the

(7) Ld. Registrar of thls Tribunat 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 Sectlon 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 10/06/2026 for further actionlnaccordancewithlawintheeventtheentlreamountlsnotpaldbythesaiddate. Accordingly, T.A. No. 1471 of 2015 (arising out of O A' No' 51 of 2oo9 filed before DRT-2' Kolkata) is allowed and stands dlsposed of. Copy of the JudgemenvFlnal Order be uploaded ln the Tribunal's website' File is consigned to the Record Room. (Dictited to steno, transcriDed by her, coneded, slgned and ;ronounced by me rn the open Court on the 286 dav of Apnl, 2026) (gFrARBIND dA-fi;V ) PRESIDING OFFICER OF DRT-II KOLKATA ADDITIONAL CHARGE OF DRT.III KOLKATA

Debts Recovery Tribunal-3, Kolkata Order Sheet ( Conti n uation'l Case No. TA No, 147r. of 2015 UCO Bank vs. Ill/s. Nisha ImDex & Ors. Date of Order Order with signature Order No.50 Dt.2A/0412026 Order pronounced (vide separate sheets). In the result, T,A. No. 1471 of 2015 (arlslng out of o.A No 51 of 2oo9 filed before 0RT-2. Kolkata) is allowed with costs, Issue Recovery Certificate accordingly ( A-rbr-nd lYadhav ) Presiding officer DRT-2. Kolkata Additional Charge of DRT-3, Kolkata