Allowed

Uco Bank v. Ms Yash Trading Co. and Anr.

DRT28 Aug 2024OA/227/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an ex-parte Original Application filed by UCO Bank against Yash Trading Co. and Mr. Yash Sankhata for recovery of a cash credit debt totaling approximately Rs. 25.69 lakh with interest and costs.

What did the court decide?

Recovery of Rs. 25,69,119.71 with pendent lite and future interest at 9.45% per annum; issuance of Certificate of Recovery under Section 19(22) RD&BI Act, 1993; injunction on disposal of defendants' p

Uco Bank versus Ms Yash Trading Co. and Anr. — Banking and Recovery | DRT (2024)

¶1

BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA PRESENT: -sRI KAMAL DE.

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PRESIDING OFFICER.

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O.A. No. 227 OF 2023.

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DATE OF DELMRY OF ORDER | 2a/Oa/2024

¶5

UCO Bank is a body corporate constituted under the provisions of the Bankrng Companies (Acquasition and Transfer of Undertakings) Act, 1985, havrng rrs Regastered Offace at 10, B.T.M. Sarani, pS Hare Street, Kolkata-TOOOOt and atso having its numerous branches inctLlding one Akra Road Branch, (1760) T,102/A, Akra Road, Kolkata-700018, within the iurasdiction of this Ld. Tribunat.

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Applrcant Bank

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-Versus-

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M/s. Yash Trading Co., a proprietorship firm having its place of business at W-17, Kankhuti Road, Kotkata-700018,

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Mr _Yash Sankhta, S/o.- Deendayal Sankhata, aged about 30 years, residing at 13711, New Station Road, Uttarpara Kotrung, Utt;rpara (M), Hind Motor, Hooghty, West Bengal-712233.

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Counsel for the Applicant Bank:

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Defendants.

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Sachetan Ghosh, Advocate,

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Set ex-parte on 16/0A/2024

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JUDGETlENT

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The Applicant Bank filed the present O.A. berng No. O.A./227/2023 on 25/04/2023 fot recovery of a total sum of Rs. 25,68,119.71l, (Rupees twenty five lakh sixty erght thousand one hundred nineteen and paisa seventy one only) from the Defendants towards Cash Credit fogether with interest, cost and other usual relefs.

¶18

The DeFendants are served with summons, The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte heaflng on 16/08/2024, and heard ex-paite accordingly.

¶19

The Applicant^gank examined 4 documents through Sri Debashish Modak, Senlor Manager marked as Exhibit Annexure-A to Exhibat Annexure-D,

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is :

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Whether the Applacant Eank is enti ed to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

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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 Affrdavit coupled with the recitals rn the documents viz., Exhibits Annexure-A to Exhibit Annexure_D marked on behatf of the Applicant Bank, established the claim of the Applicant Sank against the Defendants and oA schedule properties. Hence, I hold that the Defendants are joinUy and severally liable to pay to the Applicant Eank the claims made in the OA with future interest and costs.

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In the result, the present Oraginal Application is allowed ex-parte with costs, as under:-

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ORDER

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(r)o.A No.227ol 2023 fired by the Appracant Bank isalowed and debt is determrned with cost against the defendants. It is hereby ordered that applicant bank is enti ed to recover from the defendants the total amount to the tune of Rs. 25,69,119.71/- (Rupees twenty five lakh sixty eight thousand one hundred nineteen and paisa seventy one only) wtth pendentelite and future interest @ 9.45o/o per annum interest with simple on the amount due from the date of firing of the originar Apprication i.e,2s/04/2o23 tir fur and finar rearization of the claim amount.

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(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 arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposang, atienattng or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are grven a time of thtrty days from the date of the Judgement/Final Order for repayrng of the above mentioned dues, so intimated to them. ln case the defendants Farl to pay the dues within the above mentioned time, the applicant bank is entided to recover its dues by sale of secured assets, if any. Applicant bank is also entiued to proceed agatnst personal properties of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance with law.

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(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith ln terms of Judgement 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.

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(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certaficate from the defendants rn accordance wrth law.

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(7) Ld. Reg,strar of this Tribunal is directed to deltver recovery certrfrcate rn term of the ftnal orderrudgement for recovery of the sum against the defendant in favour of the Appltcant Bank under Sectron 19 (22) of the Recovery of Debts due to the Sank and Frnanoat Instrtutrons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are drrected to appear before the Recovery Officer on 30109/2024 for further actron rn accordance with law in the event the entjre amount ts not paid by the said date.

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Accordingly, the Origrnat Application being O.A. No. 227 of 2023 is a owed and stands drsposed oF.

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Copy of the ludgement/Final O.der be uploaded in the Trjbunal,s websire Frle ts consigned to the Record Room.

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(Orctated to steno, transcflbed by her, corrected, stgned _- -""anc, Dronounced-by me,n the open Court;n rhe 2S,.;;; or August, 2024)

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( KAMAL DE PRESIDING OFFICER

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Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin u ation )

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Case No. OA No,227 ot 2023 UCO Bank
tt
s. Yash Tradin Co, & Anr.
Date of Order
Order with signature
Order No.06
Dt.28/08/2024 Order pronounced (vide separate sheets).
In the resutt, O.A. No. 227 of 2023 is a owed with costs. Issue
Recovery Certificate accordingly.
{ Kamal De )
Presiding Offtcer
DRT-3, Kolkata
ss
L

¶43

Debts Recovery Tribunal-3, Kolkata Order Sheet ( Co ntin u atio n )

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Case No.O.A./	227/ 2023 UCOBank Vs. M/s.YashTradinoCo. &An	r.
DateofOrder	Orderwithsignature	I
OrderNo.05 ot.16/oa/2024	Present:. ForApplicant ForDefendants Ld.AdvocateSachetan Ghosh None
ss	TheRegistryhasissued noticetotheDefendantinterms of orderpassedbythisTribunal.Defendanthasnotturnedup despitethe fact thatthenotjces have been serveduponthe Defendant. Applicant prayedforhearingofthecaseex-parte. Thematteris pending since2023.Hencerightavailabletosole DefendantforfilingofW.S.andcounterevidenceistobe closed.Itisclosed. TheOA proceedsfor ex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder. Applicaht mayfilewrittennotesof arquments. fo28/08/2024for otder.
t	(KamalDe) PresrdrngOfficer DRT3,Kolkata

Uco Bank v. Ms Yash Trading Co. and Anr.

Case brief

What is this about?

What did the court decide?

Uco Bank v. Ms Yash Trading Co. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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