Debts Recovery Tribunals and Appellate Tribunals
UCO BANK vs SHEELBHADRA KACHWAHA on 18 March 2026
Date of Filing : 19.11.2012
Decided on : 18.03.2026
**IN THE DEBT RECOVERY TRIBUNAL-I AT MUMBAI
TRANSFER ORIGINAL APPLICATION NO. 528 OF 2016**
UCO BANK
A Body Corporate Constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having The Head Office at 10, B.T.M. Sarani Kolkata their Regional Office at 2nd Floor, Mafatlal Center, Nariman Point, Mumbai - 400 021 and their Branch Office at Patrakar Co-op. Hsg. Soc. Ltd., Madhusudan Kalekar Marg, Kalanagar, Bandra (East), Mumbai - 400 051. known as Kalanagar Branch through its Branch Manager Mr. Rakesh Kumar Dogra.
...Applicant
VERSUS
1) Sheelbhadra Shyam Kachwaha,
2) GEETA SHEELBHADRA KACHWAHA
408, Ideal Park, Achole Road,
Nallasopara (East), Dist. Thane - 401
209.
3) PRAKASH SHAMRAO GAWALI B/24,
Shri Om Shanti Apartment, Plot No. 1,
Sector-1, Airoli, Navi Mumbai - 400 708.
And also Office address at M/s. Venus
Battery Service Om Apartment, Shop
No.5, Plot No. B-5, Sector-9, Airoli. Navi Mumbai - 400 708.
(4) HDFC BANK LIMITED, HDFC Bank
Limited, HDFC Bank House, Senapati
Bapat Marg, Lower Parel (West),
Mumbai 400 013.
5) THE COURT RECEIVER, HIGH
COURT, BOMBAY Appointed under Case
No. 835 Of 2007, 70/80, M. G. Road,
Bank of India Building, M. G. Road
Mumbai-400 023.
...Defendants
---
Counsel for the Applicant : Advocate Rohit Mishar i/b Adv. Pradip Shukla.
Counsel for the Defendant No.1 to 3 : NIL- Defendants Ex -parte.
Counsel for the Defendant No.4 : Advocate Ketki Minas i/b H & M
Legal.
Counsel for the Defendant No.5 : Absent. No representation.
---
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
J U D G M E N T
1. 1. This is an application under Section 19(1) of Recovery of the Debt and Bankruptcy Act, 1993 (for short, 'the 1993 Act') to recover Rs.11,96,599/- with future interest thereon from the date of presentation of the Transfer Original Application till payment/realization and to enforce the mortgaged securities.
2. 2. The Defendant No. 1 and 2 were granted the UCO Shelter Scheme of Rs.7,50,000/- and Defendant No.3 is a Guarantor which was repayable in 240 Equated Monthly Installments (EMI) of Rs. 6,390/- in said facility as specified in para no. 5(ii) and 5(v) of the Transfer Original Application and on them executing loan and security documents.
3. 3. Defendants mortgaged the property viz., Flat No.A-122, on 6th floor, Shree Shailyam Apartment, Majiwade, Thane, to secure the loan.
4. 4. Despite the undertaking effected by Defendant no.1 to 3 they had failed to regularise the account and service interest in the account. So the account remained out of order since long time resulting in it to be declared as NPA on 31.03.2007.
A handwritten signature, possibly reading 'M. J.' or similar, written in black ink and slanted upwards to the right.
1. 5. Since defendants failed to make the repayment, the applicant was left with no other alternative other than to file the Transfer Original Application which was presented on 19.11.2012. Defendant Nos.1 to 3 were duly served with the summons through paper publication for appearance on 09.10.2023. The defendants did not appear and as they had remained absent without any representation for them, they were set at exparte.
2. 6. Despite issuance of letters, personal visits, telephonic conversation and reminders the Defendants have failed to regularise the account. So the Applicant had caused the issuance of lawyer notice to Defendants to pay up the dues with interest.
3. 7. The applicant filed an affidavit (exhibit-11) in lieu of examination in chief through Mr. Uday Bhatt, Manager of Applicant Bank, had produced documents, which is admitted in evidence, read, recorded and exhibited and were marked as AW-1 to AW-26.
4. 8. Accordingly, the Transfer Original Application was filed for the recovery of Rs.11,96,599/- with further interest @ 11.75% p.a. and other expenses for the period from the date of filing of this T.O.A. till payment/realization.
9. As the applicant sought relief only against the Defendant No.1 to 3 and no relief is sought from the Defendant No.4 & 5, no relief is granted against Defendant No.4 & 5.
10. A scrutiny of the averments in the Transfer Original Application and an analysis of the evidence adduced by the applicant, which has gone unchallenged, uncontroverted and unrebuted, shows that there is no reason to reject the claim made by the applicant bank.
11. In view of the observations made hereinabove, Transfer Original Application filed by the applicant deserves to be allowed.
12. Hence, the following order is passed:
**ORDER**
a. T.O.A. stands allowed with cost and the Defendant No. 1 to 3 are held liable jointly and severally to pay to the Applicant Bank within two months a sum of Rs.11,96,599/- with further interest @ 11.75% p.a. and other expenses from the date of filing of this T.O.A. till the date of realization; failing which the aforesaid amount shall be recovered from the sale of mortgage property viz., Flat No.A-122, on 6th floor, Shree Shailyam Apartment, Majiwade, Thane, and in case of shortfall, the same shall be recovered from the sale of the movable and immovable properties of the Defendants.
- b. Defendants are directed to declare, on oath, to the Recovery Officer, Debts Recovery Tribunal – I, Mumbai, both their moveable and immoveable assets for the purpose of attachment and sale for realizing the shortfall, if any.
- c. Let a Recovery Certificate be issued with memo of cost immediately u/s 19(22) of The Recovery of Debts and Bankruptcy Act, 1993 together with the details of the properties, if any.
- d. The Defendants are restrained from depleting, transferring, encumbering, alienating or in any way dealing with their properties/assets without first paying the claim of the Applicant Bank.
- e. Copies of this judgment be sent to the parties free of cost and file be consigned to record room.
- f. Give under my hand and the seal of this Tribunal on this date : 05.02.2026
(Dictated to my Stenographer, transcribed by him corrected and signed by me and pronounced in open forum on 18.03.2026).
Presiding Officer, DRT-1, Mumbai (Sreekala Suresh)
Place: Mumbai Date:- 18.03.2026