Allowed

Uco Bank v. Shri Mukesh Kumar Sinha

DRT23 Jul 2025OA/1016/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's recovery application under Section 19 of the RDDB Act for a term loan. The court directed the defendants to pay the outstanding dues with interest and ordered the sale of mortgaged and personal properties. An injunction was issued against property alienation.

What did the court decide?

Order for joint payment of principal with interest; sale of mortgaged and personal properties; injunction on alienation; issuance of Recovery Certificate under Section 19(2).

Uco Bank versus Shri Mukesh Kumar Sinha — Banking and Recovery | DRT (2025)

GONTD. ORDER. SHEET

PAGE NO

CASE NO

DATE DESCRIPTION OF THE ORDER REMARK
oA 1016/27
73/07 175 Judgment pronounced in the Open Court Camp at
Raifur. Copy of Judgment be issued to the Parties as
per rules. Record be consigned to the Record Room'
(Ram as Patet)
Presiding officer
DRT : JabalPur ffi,$,t
$t
Camp Court : RaiPur

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DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of Madhya Pradesh and Chhattisgarh)

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cAi4P COURT AT RATPUR^(C.G.)

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(Presiding Officer - Hon'ble Shri Ram Niwas Patet)

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Originol Application No.^{- 1016122}

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UCO Bank, Kohka, Bhitai^(C.G,)

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Appticant

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Versus

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Shri Mukesh Kumar Sinha,

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01 ) S/o Shri Chandrika Prasad Sinha, R/o Ambedkar Nagar Ram Nagar, Supela, Bhitai, Distt.-Durg^{(C.G.) 490023}

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Smt. Pooja Sinha, W/o Shri Mukesh Kumar Sinha, R/o R/o Ambedkar Nagar^Ram Nagar, Supela, Bhitai, Distt.-Durg^{(C.G')490023;} Office Address- Poo^ja Buitding^{MateriatsSuPPliers,} Ward No.-9,Ambedkar Nagar^RamNagar, Supeta, Bhitai, Distt.-Durg^(C.G.)490023

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..... Defendants

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Counsel for the Appticant :^{Shri AdamyaBajpai,Advocate}

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Defendants : Ex-Parte

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JUDGMENT

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(Dated : 23'd JutY, 2025)

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The Appticant-Bank has^{fited the present Origina[ Apptication} u/s 19 of Recovery of^{DebtsandBankruptcyAct on 05/08127 against the} Defendants for recovery of^{Rs. 22,63,704.20 (Rupees Twenty Two Lakh, Sixty} Three Thousand, Seven^{Hundred Four and PaisaTwenty only) along with} interest and other retiefs^as stated.

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?-. The brief facts of the^{case are that on the requestof} Defendants, the Appticant^{Bank sanctionedTerm Loan (under product of} shetter) of Rs. 25 Lakh^{on 29t09115and in consideration of the same the} Defendants in addition to^{executionof toandocuments have atso created} equitabte mortgage over^{the immovabteproperty,i.e.,MoujaKurudVittage} PH No.-14119, within^{Nagar Patika Nigam Bhitai Ward No'-14, Khasra No'-} 1159/2 (part of) Ptot^{No.-43, Astha DeveLopers&. Cotonizers, Kohka, Bhitai,} Distt.-Durg^{(c.G.). The Defendantsavaited the creditfacitities and atso} executed Debit Batance^{ConfirmationLetters tastty on 06103120 but the}

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oA t0t6l22

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account became sticky. The account^{was ctassified as NPA and the} Defendants faited to liquidate the outstanding^{dues despite initiation of} action under the Securitisation^{Act by the AppticantBank.The Applicant-} Bank has relied upon the documents at Ex. A-1 to^{A-'15 whichwere provedby} Shri Tarachand Kusan Meshram, Chief Manager.

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Despite service of notice, the Defendants neither appeared^nor fited written statement. They were^proceeded ex-parte^{vide order dated} 12/07 123. There^js therefore, no reason to disbetieve the^{contentionsof the} Bank. Considering the facts of the case, I opine that the Defendants are jointty and severatly liabte to pay the ctaim amount together with interest and costs. The Appticant-Bank in its apptication has ctaimed interest @10.20%^p.a. with monthly^{rests.However,} lfeel it^{fair and reasonabteto} grant interest @10.20% p.a, simple pendentetite and future tilt reatization of the dues. The mortgaged property is liable to be sotd for recovery of amount due atong with the personal properties and assets of the Defendants.

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The Original Apptication is allowed and it is ordered as under-

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i) The Defendants do pay^jointty and severatty Rs. 22,63,704.20 (Rupees Twenty Two Lakh, Sixty Three Thousand, Seven Hundred Four and Paisa Twenty onty) together with pendentelite and future interest @10.20y" per annum simpte from the date of fiting of the OA, i.e., 05/08/22, with costs titI its reatization.

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ii) The Appticant Bank is entitted to setl the mortgaged as wetl as personal properties and assets of the Defendants for realization of its dues. The Defendants are hereby restrained by means of injunction from depteting, transferring, encumbering, alienating or in any way dealing with their properties/assets without first paying the ctaim of the Appticant Bank.

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iii) A Recovery Certificate be issued uls 19(22) of Recovery of Debts and Bankruptcy Act. The appticant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.

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Judgment pronounced in the open court on this 23'd Day of Juty, 2025 at Camp Court Raipur.

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)⁵ t' i)? (Ram as Patet) Presrdin Officer

Uco Bank v. Shri Mukesh Kumar Sinha

Case brief

What is this about?

What did the court decide?

Uco Bank v. Shri Mukesh Kumar Sinha

Case brief

What is this about?

What did the court decide?

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