Allowed

Uco Bank v. MD Moniruzzaman Ali and Ors.

DRT28 Aug 2024OA/376/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by UCO Bank ex-parte for recovery of loan dues against three defendants who failed to appear. The debt was determined at Rs. 25,49,553.61 with interest, and a recovery certificate was directed to be issued.

What did the court decide?

O.A. allowed; debt determined at Rs. 25,49,553.61 plus 11.20% p.a. interest; recovery certificate issued; defendants prohibited from alienating properties.

Uco Bank versus MD Moniruzzaman Ali and Ors. — Banking and Recovery | DRT (2024)

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

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PRESIDING OFFICER

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O.A. No. 376 of 2022

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DATE OF DELMRY OF ORDER i 2A/OA|2O24

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UCO Bank, a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 having its Head Office at 10, B T M Sarani, P.S. Hare Street, Kolkata-700001 and carrying on banking business amongst other places at its Branch Office at Belaaghata Bridge, p.O. Beliaghata. p.S. Deqahga, District - 24 Parganas (North), Pin - 743423, commonly known as UCO Bank, Eeliaghata Eridge Branch, hereinafter referred as the "Applacant Bank,,, within the jurisdictaon of this Learned Tribunal.

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... Applicant Eank

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Md. l.loniruzzaman Ali, son of Md. Abdul Majed Ali, proprietor of M/s Bharat Steel Traders, having its place of business at Village - Kanchkal Bazar, 211 Road, P.O. Baidyapur, P.S. Shasan, District - 24 parganas (North, pin - 743423, resident of Village - Bokunda (Dakatpota), p.O. Golabari Bazar, p.S. Barasat. District - 24 Parganas (North), Pin -743423 and atso at

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Village - Bokunda (Ghosh Para), Fatti Beliaghat, p.O, Golabari Bazar. p.S. Ba.asat, District - 24 Parganas (North), Pin -743423

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2- Hazl Abdul l.laied All, son of Late Abu Bakkar, resident of Viltage - Bokunda (Dakatpota), P.O. Golabari Bazar, P.S. Barasat. District - 24 parganas (North), Pin -743423

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Md. Hasanuzzaman, son of Hazi Abdul l4ajed Ali, resident of Village - Bokunda (Dakatpota), P.O. Golabari Bazar, P.S. Barasat, District - 24 Parganas (North), Pin -743423

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Defendants

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Counsel for the Applacant Bank: -

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Md, Babulal Mollah, Advocate

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Set ex-parte on t6/04/2024

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JUDGEHENT

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The Applicant Bank flled the present OA being No. O.A. 376 of 2022 on 5/O7/2O22 fol recovery of a total sum of Rs. 25,49t553,5U- (Rupees twenty rive lakh forty nine thousand five hundred fifty three and pals€ slxty one only) from the Defendants towards term loan together with lnterest, cost and other usual reliefs.

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^hearing on 16/OA/2024, and heard ex-parte accordingly.

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The Applicant Bank examined 12 documents^{throuqh 14r. AvinayAgarwal,} Chief Manager, marked as Exhibit Annexure - A to Exhibit^Annexure -^K.

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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 Applicant Bank is entitled to the^{claammade in the OA againstthe Defendants} and OA schedule^properties as^{prayed for?}

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As stated supra, the Defendant^{remained absentand did not turnup to controvert the} version of the O.A. of Applicant Bank.^{The EvidenceAffidavitcoupled with the recitals in the} documents viz., Exhibit Annexure -^{A to Annexure} -^{K, marked on behalf of the Applicant} Bank, established the claim of^{the Applicant Bank agalnst theDefendantsand OA schedule} properties. Hence, t hold that the Defendants are^{jointly and severallyliableto payto the} Applicant Bank the claims^{madein the OA with future interest and costs}

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In the result, the^{present OriginalApplication is allowed ex-parte with costs, as under:-}

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ORDER

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( 1) O.A. No. 376 of 2022^{flled by the Applicant Bank is allowed anddebtis determinedwith} cost against the^{defendants.It is hereby orderedthat applicant bankis entitledto} recover from the defendants^{the totalamountto the tuneof Rs. 25,49,553'61/-(Rupees} twenty five lakh forty^{nine thousand five hundred fifty three and paisesixty one only)} with pendentellte and^{future interest} @^{11.20oloper annum interest withsimple on the} amountduefromthedateoffillngoftheoriginalApplicationi.e.5/o7/2022tillfulland final realization of the^{claim amount.}

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(2) Amount, if any,^{paid by the defendants in the loanaccountsor amount'if any'} recovered by the Applicant^{Bank after filing of the O'A the same be taken intoaccount} while arrivinq at the^{exact amount of dues/debt payableby the defendants} Accordingly,^{pendentelite and futureinterestshall be calculated on the reduced amount}

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Defendants are debarred^{fromdisposing, alienatingor dealingwithanyof the properties} belonging to them^{till the aforesaid decretal debt is recovered from the defendants'}

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(4) Defendants are^{given a time of thirtydays from the date of the Judgement/Final Order} for repaying of the^{above mentioned dues, so intimated to them ln casethe defendants} fail to pay the dues^{within the above mentionedtime, the applicant bank is entitled to} recover its dues by sale^{of securedassets, if any Applic'ntbank is also entitledto} proceed against personal^{properties of the defendants(Both movable and immovable)} and also^{proceedagainstthe defendants personallyto recover the dues in accordance} with law.

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(s) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in 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 Certlficate.

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

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{7) Ld. Registrar of thls Trlbunal is directed to deliver recovery ceruftcate in term of the final order/judgement for recovery of the sum agalnst the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Fihancial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8) The parties are directed to appear before the Recovery Omcer on 2610912024 tot lunhet action in accordatce wlth law in the event the entlre amount is not paid by the said date.

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Accordingly, the Orlglnal Applicatlon being O.A, No. 376 of 2022 ts allowed and stands disposed of.

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Copy of the JudgemenvFlnal Order be upload in the Trlbunal's website. File is consigned to the Record Room.

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(Dictated to steno. transcdb€d by him, corrected, signed and Pronolnced by me in the open Court on thls 286 day ofAugust, 2024 )

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( KAMAL DE ) PRESIDING OFFICER

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som/

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)

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Case No. OA No.376/2022 UCO Bank Vs. Md Moniruzzaman Ali & Ors.
Date of Order Order with signature
Oder Nq7
Order pronounced (vade separate sheets).
Dt.2Al OA / 2024
In the result, O.A. No. 376 of 2022 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presiding Officer
som DRT-3, Kolkata

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation )

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CaseNo,OAl3	76l2022 UCOaankVs, MdMoniruzzamanAli&Ors.
DateofOrder	Orderwithsignature
OrderNo.6 ot.16/oa12024	Present!. ForApplicant :Md.Babulal Mollah,LdCounsel ForDefendants:None
som	TheRegistryhasissued noticetotheDefendantintermsof orderpassedby thisTribunal.Defendanthasnot turnedup despitethe fact thatthenotices have been served upon the Defendant, Applicant prayedforheartngof thecaseex-parte. Thematterispendlng since2022. tience rightavailabletosole OefendantforfilingofW.S.andcounterevidenceistobe closed.Itis closed. TheOAproceedsfor ex-parte.HeardtheLd Counselfor theAppltcant,Reservedfororder. Applicant mayfilewrittennotesof arguments. To28/08/2024 fo(odet.
	(KamalDe) PresidingOfficer DRT-3,Kolkata

Uco Bank v. MD Moniruzzaman Ali and Ors.

Case brief

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Uco Bank v. MD Moniruzzaman Ali and Ors.

Case brief

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