Allowed

Union Bank of India v. Mahua Chatterjee

DRT20 Jun 2025OA/183/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs.20,03,136.55 with interest. The defendants were deemed absent after ex-parte proceedings, and the RBI Act provision for issuing a recovery certificate was invoked.

What did the court decide?

Defendants jointly and severally liable to pay Rs.20,03,136.55 with interest @ 8.75% p.a. from 01.04.2022; Recovery Certificate issued.

Union Bank of India versus Mahua Chatterjee — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-I KOLKATA

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PRESENT: -SHRI AMBUJA MOHAN DAS PRESIDING OFFICER

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O.A. No. 183 OF 2022

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DATE OF DELIVERY OF ORDER : 20^th June, 2025

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Union Bank of India , Serampore-2 Branch, (formerly known as Serampore branch of erstwhile Andhra Bank), premised at Sagnik Apartment, 630, G. T. Road, P.S.- Serampore, Dist- Hooghly, West Bengal, Pin -712201.

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..............APPLICANT

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-AND-

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Smt. Mahua Chatterjee, Wife of Sri Anupam Kumar Chatterjee, resident of 41/B Patua Para Lane, P.S.- Serampore, Dist- Hooghly, West Bengal, Pin- 712201, residing also at Bangihati, P.O.- Simla, Serampore, Hooghly, Pin- 712203.

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Sri Anupam Kumar Chatterjee, Son of Sri Chandranath Chatterjee, resident of 41/B, Patua Para Lane, P.S.- Serampore, Dist- Hooghly, West Bengal, Pin- 712201, residing also at Bangihati, P.O.- Simla, Serampore, Hooghly, Pin- 712203.

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............DEFENDANTS

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Counsel for the Applicant Bank: - Mr. Nipesh Majhi, Ld. Counsel Counsel for the Defendants:- Set ex-parte on 22.04.2025.

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J U D G M E N T

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The present Recovery Application is filed by Union Bank of India, carrying on business at Serampore-2 Branch, (formerly known as Serampore branch of erstwhile Andhra Bank), premised at Sagnik Apartment, 630, G. T. Road, P.S.- Serampore, Dist- Hooghly, West Bengal, Pin -712201 for recovery of total sum of Rs.20,03,136.55/with interest @ 8.75% p.a. with monthly rest from 01.04.2022 against the Defendants till payment and/or realization. The Defendants are the borrower/guarantor /mortgager.

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The service of summons was effected upon the Defendants in usual

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Rina S.

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mode of postal service. Despite substituted service of summons and giving sufficient time, the Defendants neither appeared nor filed the Written Statement to controvert the claim of the Bank. Hence, the matter was declared ex-parte on 22/04/2025.

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The Applicant in support of its contention filed Evidence on Affidavit duly affirmed by Sri Suman Majhi, Branch Manager of the Applicant Bank annexing the various documents which are exhibited.

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I have perused the documents and Evidence and heard the Ld. Advocate for the Bank. By the said evidence on affidavit the Applicant could prove its claim and documents. The claim of the Bank is within the limitation and within the jurisdiction of this Tribunal. Hence, the claim of the Bank should be allowed with cost.

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In the above circumstances it is ordered :

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O R D E R

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i) Claim of the Applicants is allowed with cost.

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ii) The Defendants are jointly and severally liable to pay Rs.20,03,136.55/- with interest @ 8.75% p.a. with monthly rest from 01.04.2022 against the Defendants till payment or realization.

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iii) It is declared that the claim is secured by mortgaged of moveable/immoveable properties described at Page 63 in the OA .

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iv) Let, a certificate be issued accordingly.

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

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vi) Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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vii) The parties are directed to appear before the Recovery Officer-I on 22/07/2025 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. 183 of 2022 is allowed and stands disposed of. All the IAs, if any, are

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Rina S.

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also disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal’s website.

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File is consigned to the Record Room.

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(Dictated to P.S., transcribed by her, corrected, signed and pronounced by me in the open Court on this the day 20^th June, 2025)

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Place: Kolkata ( Ambuja Mohan Das ) Date: 20^th June 2025 Presiding Officer

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Rina S.

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Page No.-		Order Sheet (continuation)
Case No. O	A/183/2022	Union Bank of India –Vs- Mahua Chatterjee & Anr.
Date of		Order with signature	Office action with date and dated signature
the order			of parties when necessary
20^thJune 2025	Ld. Ad Bank. None a Matter 22/04/2025. The det gist of the order	vocate Mr. Nipesh Majhi appeared for the applicant ppeared on behalf of the Defendants. was heard in open Court on this the day of ailed order in three pages annexed separately. The is as follows: O R D E R
	i)	Claim of the Applicants is allowed with cost.
	ii)	The Defendants are jointly and severally liable to pay Rs.20,03,136.55/- with interest @ 8.75% p.a. with monthly rest from 01.04.2022 against the Defendants till payment or realization.
	iii) iv)	It is declared that the claim is secured by mortgaged of moveable/immoveable properties described at Page 63 in the OA . Let, a certificate be issued accordingly.
	v) vi) vii) No. 18 IAs, if the Tri (Dictated to P pronounced by 2025)	Ld. Recovery Officer shall realize the amount as per the Recovery Certificate from the defendants in accordance with law. Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term of the final order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993. The parties are directed to appear before the Recovery Officer-I on 22/07/2025 for further action in accordance with law in the event the entire amount is not paid by the said date. Accordingly, the Original Application being O.A. 3 of 2022 is allowed and stands disposed of. All the any, are also disposed of. Copy of the Judgment/Final Order be uploaded in bunal’s website. File is consigned to the Record Room. .S., transcribed by her, corrected, signed and me in the open Court on this the day 20^thJune,
	Place: Kolkata Date: 20^thJune	( Ambuja Mohan Das ) 2025 Presiding Officer

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Rina S.

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Rina S.

Union Bank of India v. Mahua Chatterjee

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Mahua Chatterjee

Case brief

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