Allowed

Uco Bank v. Rajan Singha

DRT11 Jun 2024OA/412/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an original application filed by UCO Bank against a borrower for recovery of Rs. 46,06,833.09 with interest. The defendant was absent, and the tribunal determined the debt and ordered issuance of a Recovery Certificate under the RDB Act.

What did the court decide?

Recovery Certificate to be issued for Rs. 46,06,833.09 with future interest at 9.45% p.a. Defendants given 30 days to pay before sale of secured assets or execution against personal properties.

Uco Bank versus Rajan Singha — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY^{TRIBUNAL.IIIKOI-KATA} PRESENT: -SRI KATI{AL DE.

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PRESIDING OFFICER.

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O.A. No. 412 OF 2022.

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DATE OF DELIVERY OF ORDER . IAIO6I 2.)24

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UCO Bank is a body corporate constituted under the^provisions of the Bankrnq Companies (Acquisition and Transfer of Undertakings) Act, 1970, havinq its Head Office at 10, Biplabi Trailokya i4aharaj Sarani, Kolkata-700001 and also having^rts numerous branches including one at UCO Bank, Salt Lake Sector-l Branch, AB'14, Salt Lake Sector-I, P.O. & P.S. Bidhannagar, Kolkata-700064, within the.rurisdiction of this Ld. Tribunal.

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Applicant Bank.

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1. Mr. Rajan Singha, S/o. lvr. Shyamsundar Singha C/o. M/s. R. S. Enterprase il BO-47, Keshtopur, Rabindra^pa[y, Dist. 24 parganas (N), Kotkata700101.

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ii) BD-39, Neel Kamal Super Market, Kestopur, Rabindra Pally, Dist. 24 Parganas (N), Kotkata-700101. iii) Vill. Manoharpur,^p.O. Dantan, Dist. paschim t4edinipur, PIN-721451.

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Defendant.

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Counsel for the Applicant Bank:

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Md. Babulal Mollah, Advocate,

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Set ex,parte on 02/05/2024

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]UOGEMENT

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The Applicant Bank fited the present O.A. being No. O,A./4t2t2OZ2 on 19107/2022 tor recovery of a total sum of Rs. 46,06,833.09/- (Rupees forty six lakh six thousand eight hundred thirty three and paisa nine only) from the Defendants towards Cash Credit together with interest, cost and other usual reliefs.

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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 02/OS/2024, and hea rd ex-parte accordrngly.

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The Applicant Bank examined 5 documents through Sri Kaushal Kumar, Assastant Generat lYanager marked as Exhibit Annexure_A to Exhibit Annexure_E.

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Heard the Ld. Counsel for the Applicant Bank.

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j r

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The point that arises for consideration is :

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Whether the Applicant Bank is entitled to the claim made an 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 Affidavit coupled with the recitals in the documents viz., Exhibits Annexure-A to Exhibit Annexure-E marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severally liable to pay to the Applicant Bank the claims made jn the OA with future interest and costs.

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In the result, the present Original Application is allowed ex_parte with costs, as under:_

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ORDER

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(1) O.A. No. 412 ot 2022 fated by the Applicant Bank is alowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 46,06,833.09/_ (Rupees forty six takh six :housand erght hundred thirty three and paisa nine only) with pendentelite and future rnterest @ 9.45% per annum interest with simple on the amount due from the date of filing of the Original Apptication i.e. t9/0712022 tilt fu and finat realization of the ctaim 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 fili the exacr amount ", o,.,rlloi'o'jr""Ll.n]H: j::::;:ffi;il,;::ililI:""j future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred fr

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beroneins to them tir,.r" ",""Li'j'.1"J11",.'"T:"il::l;:;'.T"T],J.:::,:-*.".

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(4) Defendants are given a time of thirty days from the date of the Judgement/Final order for repaying of the above menti dues' so intimated to them. In case the c,efendants fait to

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pay the dues within the abo t"nt'on"o time' the applicant bank is entitled to recover its

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dues by sale of secured u.,'" iets, if any. Apptjcant bank is atso entjued to proceed against

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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 in terms of

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ludgement for issuance of the same against defendants in favour of the appticant bank

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under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the

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same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall reallze the amount^{as per the Recovery Certificatefromthe} defendants in accordance^{with law.}

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(7)Ld.RegistrarofthisTrlbunalisdirectedtodeliverrecoverycertificateintermofthef.nal orderludgement for recovery of^{the sum against the defendantan favourof the Applicant} Bank under Section 19^{(22) of the Recovery of Oebts due to the Bank and Financial} Institutions Act, 1993 now known^{as Recoveryof Debtsand BankruptcyAct,1993'}

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(8)The parties are directed to appear before the Recovery^{otlicer on l1/O7/2O24for further} action in accordance with law^{in the eventthe entire amount is not paid by the said date'}

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Accordingly, the Origlnal Application^{beingO.A. No. 412 of 2022 is allowedandstands} disposed of.

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Copy of the Judgement/Final Order^{be uploadedin the Tribunal's website.} File is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected,^signedand pronounced by me in the open Court on this the 1l'h^day of June, 2024)

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PRESIDING OFFICER,

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

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CaseNo.OANo	-442ol2.J22	UCOBankVs,Raian Singha
Date of Order		Orderwithsignature
OrderNo.05 ot.11/06/2024	Order^pronounced	^(videseparate sheets).
	Intheresult,O.A. RecoveryCertificat	No.412of2022 isallowedwithcosts. Issue e accordingly.
		(Kamal De) PresidingOfficer DRT-3,Kolkata

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

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Case No. O.A./ 412/2022 UcO Bank Vs. Rajan Singha
I
Date of Ord€r Order with signature
order No.04 Prcsert:.
ot.o2/ 05 / 2024
For Applicant : Ld. Advocate l'4d. Babulal l'4ollah
For Defendants : None
The Registry has issued notice to the Defendant in terms of
order passed by this Tribunal. Defendant has not turned up
despite the fact that the notices have been served upon the
Defendant. Applicant prayed for hearing of the case ex-parte
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The matter is pending since 2022 Hence right available to sole
Oefendant for filing of W,S. and counter evidence is to be
closed. lt is closed. The OA proceeds for ex-parte. Heard the Ld
Counsel for the Applicant. Reserved for order.
Applicant may file written notes of arguments.
fo lvo6l2o24 fot otder,
( Kamal De )
Presiding Officer
DRT-3, Kolkata

Uco Bank v. Rajan Singha

Case brief

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Uco Bank v. Rajan Singha

Case brief

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