UCO BANK vs Mr Imam Uddin on 1 October 2026

J U D G M E N T

1. This is an application under section 19 of the Recovery of Debts and Bankruptcy Act, 1993, filed by the applicant bank against the sole defendant seeking issuance of Certificate of Recovery for realization of a sum of Rs.62,98,897.14 (Rupees Sixty Two lacs Ninety Eight Thousand Eight Hundred Ninety Seven and Fourteen Paisa) only with interest calculated upto 21.12.2023 and further interest from 22.12.2023 @9.20% p.a. with monthly rests till realization of the entire amount along with injunction restraining the defendant from disposing of and/or alienating and/or encumbering the personal charged and uncharged assets and also costs.

2. The facts in brief, giving rise to the present application as pleaded are that considering the application of the sole defendant, the Applicant Bank sanctioned a Cash Credit Facility to the tune of Rs 30,00,000/- and the defendant secured the said loan with one land measuring 6.5 Decimal stands in the name of said defendant by depositing the title deed no 7481 of 2019. Thereafter considering the application of the sole defendant dated 24.11.2020, the Applicant Bank sanctioned Rs 20.00 Lacs (Rupees Twenty Lacs) only under UCO Home Loan Scheme, vide sanction Letter dated 25.11.2020. The said loan was also secured on 24.11.2020 vide one land measuring 4 Decimal standing in the name of the defendant, which is obtained by the defendant by dint of indenture being deed No 4635/2020. Thereafter the Applicant Bank sanctioned a Car Loan on the request of the defendant for Rs. 4,35,000/- RAKESH PATI TIWARI

RAKESH PATI TIWARI Date: 2026.10.05 17:29:49 +05'30'

(Contd…)

(Rupees Four Lacs Thirty Five Thousand) only, vide sanction letter dated 02.07.2021. After availing the loan, the defendant failed to repay the dues of the loan account and as such the loan account was classified as N.P.A. on 30.09.2022. As the loan account became irregular the applicant bank issued demand notice dated 19.01.2024 upon the defendant. After giving credits for all sums of moneys paid by and/or realized on behalf of the defendant a sum of Rs.62,98,897.14p (Rupees Sixty Two lacs Ninety Eight Thousand Eight Hundred Ninety Seven and Fourteen Paisa) only with interest calculated upto 21.12.2023 was due against the defendant.

3. Despite the service of summons upon the defendant through speed post, the defendant did not put his appearance before this Tribunal. Hence the matter is proceeding ex-parte against the defendant, vide order dated 06.08.2026.

4. The Applicant Bank in support of its case has filed evidence by way of affidavit as affirmed by Sri Mahabir Surekha, the Branch Manager of the Applicant Bank and also relied upon the following documents:- Sl. No. Name of the documents Exhibits No.

1. Title deed no 7481/2019,the letter of deposit of title deed for creation of equitable mortgage dated 23.06.2020 A/1

2. Application form dated 24.11.2020, sanction letter dated 25.11.2020 title deed No 4635/2020, letter of deposit of title deed dated 24.11.2020 A/2

3. Application Form dated 01.07.2021 and Sanction Letter 02.07.2021 A/3

4. Adhar Card and PAN Card of defendant A/4

5. Demand Notice Dated 19.01.2024 A/5

6. Valuation report dated 31.10.2020,19.02.2021 A/6

7. Account Statement A/7

5. I have heard the learned counsel for the applicant bank and perused the documents and evidence adduced by the applicant bank. The Applicant bank has proved documentary evidences which are marked as Exhibits‘A/1’ to ‘A/7’. The sanction of loan has been proved by producing the sanction letter dated 25.11.2020 and 02.07.2021(Exhibit- ‘A/2’& ‘A/3’), the execution of required documents like title deedletter of deposit of title deed for creation of equitable mortgage, application, Adhar Card and PAN Card of defendant etc. have been proved by exhibiting the same at ‘A/1’to ‘A/4’ respectively. By filing the statement of account (Exhibit - ‘A/7’), the applicant bank has RAKESH PATI TIWARI

17:30:10 +05'30'

(Contd…)

proved the total outstanding dues of Rs.62,98,897.14 (Rupees Sixty Two lacs Ninety Eight Thousand Eight Hundred Ninety Seven and Fourteen Paisa) only against the defendant.

6. The applicant bank has filed this case against the defendant within three years from the date of sanction of loan and execution of loan documents on dated 02.07.2021 and the date of NPA on 30.09.2022 and as such the claim of the applicant bank is within limitation.

7. The applicant bank has got valid cause of action to file this case as after taking the loan the defendant failed to make payment as per the terms and conditions of the sanction letter agreed by the defendant.

9. There is nothing available on the record to contradict the version of the applicant bank as the ex-parte hearing has been made in this case. Thus the applicant bank has sufficiently proved its case by exhibiting all relevant documents. In the above circumstances, following order is passed ;

O R D E R

(i) T.O.A. No. 19/2026 arising out of O.A. No. 162/2024 filed by the applicant bank is allowed against the sole defendant and it is hereby ordered that the applicant bank is entitled to recover the total dues debt amount for Rs.62,98,897.14 (Rupees Sixty Two lacs Ninety Eight Thousand Eight Hundred Ninety Seven and Fourteen Paisa) only with interest calculated upto 21.12.2023 and further interest thereon @9.20% p.a. with monthly rests from 22.12.2023 till realization of entire balance from the defendant along with the cost amount.

(ii) Amount, if any, paid by the defendant in the loan account or amount recovered by the applicant bank, if any, made towards the loan accounts after filing of the O.A be taken into account while arriving at the exact amount of outstanding payable by the defendant.

(iii) The mortgaged property being (1) Land measuring 6.5 decimal and Single Storied building situated at Chhoto Kusti Kuri Purandarpur near boro Masjid, P.O. Domdoma, P.S Suri, Dist. - Birbhum, Pin Code-731129 West Bengal, Mouza-Choto KustiKuri ,J.L 57, L.R. Plot No. - 197, L.R Khatian No.297, 585, Under Domdama Gram Panchayat [Deed being No. 7481/2019], as mentioned in the original title deed of the defendant, (2) 4 Decimal land situated at Vill Chhoto KustiKuri, P.O - Domdama, P.S Suri, Dist - Birbhum, Pin Code-731129, West Bengal, Mouza – Chhoto Kustikuri, J.L RAKESH PATI TIWARI Digitally signed by RAKESH PATI TIWARI

17:30:23 +05'30'

(Contd…)

No.57, L.R Plot No. 968 L.R. Khatian No.641, R.S Khatian No. 588, 589, 590, 595 Under Domdama Gram Panchayat, as mentioned in the original title deed of the defendant [Deed being no.4635/2020], shall remain charged to the applicant bank and the applicant bank shall have paramount charge thereon.

(iv) The defendant is debarred from transferring; alienating, encumbering or disposing of the hypothecated/mortgaged properties or any other property and assets belonging to the defendant till the aforesaid adjudicated debt amount is recovered from the defendant.

(v) The defendant is given a time of thirty days from the date of this judgment for repayment of the above decreed debt amount with interest failing which the applicant bank is entitled to recover its dues by sale of the hypothecated/mortgaged property as aforesaid and is also entitled to proceed against the said defendant personally and/or personal properties to recover the dues in accordance with law.

(vi) Let the certificate of Recovery be drawn up by the Learned Registrar forthwith in terms of judgment for issuance of the same against the defendant in favour of applicant bank under Sub-Section 22 of Section-19 of The Recovery of Debts and Bankruptcy Act, 1993and put up the same for signature and issuance.

(vii) Learned Recovery Officer is directed to realize the dues amount from the defendant as per the recovery certificate in accordance with law.

(viii) Let this judgment be uploaded on website of the tribunal and the Registry is directed to serve/send copy of this judgment to the parties free of cost.

(ix) Record is consigned to the record room along with the judgment.

The judgment is signed and pronounced in the open Tribunal on1st day of October, 2026.

(RAKESH PATI TIWARI) Presiding Officer DRT, Siliguri.

RAKESH PATI TIWARI

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