Allowed

Uco Bank v. Mrs Saraswati Shah

DRT7 Oct 2024OA/84/2023

Case brief

AI extract

What is this about?

In an ex-parte hearing, the Tribunal allowed the Applicant Bank's Original Application to recover a debt of Rs. 26,25,286.69 owing from the Defendants on a cash credit and term loan, and directed the Registrar to issue a recovery certificate under Section 19(22) of the RDB Act.

What did the court decide?

The debt of Rs. 26,25,286.69 with interest was recovered; a recovery certificate was issued; defendants are debarred from alienating properties for 30 days.

Uco Bank versus Mrs Saraswati Shah — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III XOLXATA PRESENT: -SRI KAMAL OE.

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PRESIDING OFFICER.

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O.A, o. E4 OF 2023,

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DATE OF DELMRY OF ORDER I OTltO/2O24

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UCO Bank is a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1985, having its Registered Offace at 10, Biplabi Trailokya Maharaj Sarani, Kolkata-7OOOO1 and also having its numerous branches including one UCO Bank, Lake Town Branch, 33jA/1, .lessore Road, P.S. Lake Town, Kolkata-700089, within the jurisdiction of this Ld. Tribunal.

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Applicant 8ank.

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-Versus-

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MrS. Saraswata Shah, Wo, Mr. Jay Ram Shah, Prop. M/s. R.N. Enterprise.

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i) 58, Sadhana Ausadhalaya Road, South Dum Dum, P.O. Shreebhumi, P.S. Lake Town, Dist. 24 Pgs (N), Kotkata-700048.

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ii) Uttar Jojra, Rohanda, Iqotipole, Dist. 24^pgs (N), P.S. Rajarhat, Kolkata700135.

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iri) 240, Dakhindari Road, Kolkata-700048. iv) 12,3?/16, R. B. C. Road (Extension), Dum Dum,^p.S. &^p.O. Dum Dum, Dist. 24 Pqs (N), Kolkata-700028.

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DeFendant.

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Counsel for the Applicant Bank: -

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Md. Babulal l4ollah, Advocate,

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Set ex-parte on 09/0912024

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]UDGE!lENI

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The Applicant Bank filed the present O.A. being No. 0.A./84/2023 on 21/Ot/2023 for recovery of a total sum of Rs. 26,25,2a6,69/- (Rupees twenty six lakh twenty fave thousand two hundred eighty six and paisa sixty nine only) from the Defendants towards Cash Credit and Term Loan 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 09/0912024, and heard ex-parte accordingly.

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The Applicant Bank examaned 6 documents through Sra Naveen Kishore, Chief lvanager marked as Exhibit Annexure-A to Exhibit Annexure-F.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for consideration is I

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whether the Appricant Bank is entifled to the craim made in the oA agaanst 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 Appricant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure-A to Exhibit Annexure_F marked on behalf of the Applicant Bank, established the claim of the Applicant Bank against the Defendants and OA schedule propertaes. Hence, t hold that the Defendants are jointly and severally liabte to pay to the Applicant Bank the ctatms made in 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. 84 of 2023 fired by the Appricant Bank is alowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiued to recover from the defendants the total amount to the tune of Rs. 26,25,286.69/- (Rupees twenty srx takh twenty frve thousand two hundred eaghty six and paasa sixty nine only) with pendentetite and future interest @ 8.45yo per annum interest with simple on the amount due from the date of faring 0f the originar Appracation i.e. 21/01/2023 tifi fufl 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, pendentetite and future anterest shall be calculated on the reduced amount.

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

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(4) Defendants are given a time of thirty days from the date of the JudgemenvFinal Order for repaying of the above mentioned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the applicant bank is entifled to recover its dues by sale of secured assets, af any. Applaclnt bank is also entiued to proceed against personal propertaes of the defendants (Both movable and immovable) and also proceed against the defendants personally to recover the dues in accordance wath law.

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(5) 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 Cedificate.

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

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under Section 19 (22) of the Recovery of Oebts due to the Bank and Financial 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 Officer on 06/11/2024 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O.A. No. 84 of 2023 is allowed and stands disposed of.

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Copy of the ludgement/Final Order be uploaded in the Tribunal's website. File is conslgned to the Record Room,

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(Didated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the OTih day of October, 2024)

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( KAMAL DE ) PRESIDING OFFICER,

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

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Case No. OA No. a4 of 2023 UCO Bank
saraswati shah
Date of Order Order with signature
Order No.05
Order pronounced (vide separate sheets).
Dt.07/t0t2024
In the result, O.A. No. 84 of 2023 is allowed with costs. Issue
Recovery Certiflcate accordingly.
( Kamal De )
Presiding Officer
DRT-3, Kolkata
ss

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

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CaseNo.O.A,/	44l2023 UCOBank saraswatishah
DateofOrder	Ord€rwithsignature
OrderNo.04 Dt.o9l09/2024	Presenti.
	ForApplicant:Ld,Advocate Md, BabulalMollah ForOefendants:Ngne
	TheRegistryhasissued noticetotheDefendantinterms of order^passedby thisTribunal.Defendanthasnot turnedup despitethe factthatthenotices have been served upon the
ss	Defendant, Applicant prayedforhearingof thecase ex-parte. Thematterispending since2023.Hencerightavailabletosole Defendantforfilingofw.S.andcounterevidenceistobe closed.Itisclosed.TheOA^proceedsex-parte.HeardtheLd Counselfor the Applicant.Reservedfororder, Applicant may f:lewrittennotesofarguments. ro01/1012024forotder.
	(KamalDe) PresidingOfficer DRT-3, Kolkata

Uco Bank v. Mrs Saraswati Shah

Case brief

What is this about?

What did the court decide?

Uco Bank v. Mrs Saraswati Shah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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