Allowed

Uco Bank v. Gupta Traders and Ors.

DRT10 Jun 2025OA/261/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by UCO Bank for recovery of a debt of approximately Rs. 59.36 lakh from three respondents. The case was heard ex-parte as the defendants were absent. The bank was granted a recovery certificate under Section 19(22) of RDB Act and a 30-day repayment period.

What did the court decide?

Recovery of Rs. 59,36,758.84 plus interest; issuance of recovery certificate under Section 19(22) RDB Act; order of perpetual prohibition; 30 days to pay.

Uco Bank versus Gupta Traders and Ors. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLXATA PRESENT: -sRI KAMAL DE.

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PRESIOING OFFICER.

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O,A. No, 261 OF 2024.

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DATE OF DELIVERY oF oRDER I 10|06/2025

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UCO Bank is a body corporate constrtuted under the provjsions of the Bankrng Companies (Acquisitjon and Transfer of Undertakings) Act, 1970, having,its Head Office at 10, B.T.M. Sarani, Kolkata-7oooot and carryinq on business, inler atia at Asset Management Branch, 7OA, lsr Ftoor, Block-D, New Atipore, Kolkata_700053, P.S.- New Alipore, wathin the jurtsdiction of this Ld. Tribunal.

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Applrcant Bank.

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-Versus-

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Gupta. Traders (Propfietorshrp Ftrm), propnetor- Debjani Basu Bata, lvlemanpur, Maheshtala, Kolkata-70014r.

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Debjani Basu (Propfletor), 542 upendranath Banerjee Road, 32l199, parnasree Lentrat Government euarters, p.S. parnasree, Kolkata-70006O.

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Manas.Pratim Basu (Guarantor) 542 Upendranath Banerjee Road, 32l199, parnasree Central Government euarters, p.S. parnasree, Kolkata_7bOO6O.

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Defendants.

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Counsel for the Applicant Bank:

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Jayanti Ghoshal, Advocate Set ex-parte on L9/05/2025

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JUDGEMENT

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The Applicant Bank fited the present O.A. being No. 0,A,/261/2024 on 02/0412024 tor recovery of a total sum of Rs. 59,36,758.84/- (Rupees fifty nine lakh thirty. sax thousand seven hundred fifty eight and paisa eighty four 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 representataon from the defendants, the case was fixed for ex-parte heaflng on 19/A5/2025. and heard ex-parte accordingly.

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The Applcant Bank examined 1O documents through Sri Ranjay Kumar, Chief Manager marked as Exhibit Anhexure-A to Exhabit Annexure-1.

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4. 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 claim made in the OA against the Defendants and OA schedule^properties as^prayed for?

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As stated supra, the Defendants remained absent and did not turn up to controvert^the version of the O,A. of Applicant Bank. The Evidence Affidavit coupled with the^{recitalsin the} documents viz., Exhibits Annexure-A to Exhibit Annexure-l marked on behalf of^the Applicant Bank, established the claim of the Applicant Bank against the Defendants and^OA schedule^propertaes. Hence, I hold that the Defendants are.iointly and severally^lrable to^pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the result, the present Oraginal Applicataon is allowed ex-parte wrth costs, as under:_

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ORDER

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(1) O.A. No. 261 of 2024 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 59,36,758.84/-^(Rupees fifty nrne lakh thirty six thousand seven hundred fifty eight and paisa eighty four only) with^pendentelrte and future interest @ 10.20olo^per annum interest with simple on the amount due from the date of filing of the Original Application i,e. O2/O412O24 till full and final realization 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 arrivrng at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite 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 propertres belonging to them till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of tharty days from the date of the Judgement/Final order for repaying of the above mentioned dues, so intimated to them. In case the defendants farl to pay the dues within the above mentioned time, the applicant bank is entitled to recover rts dues by sale of secured assets, if any. Applicant bank is also entitled to proceed agarnst 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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(s)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith an 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 Certificate.

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

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(7)Ld. Registrar of this Tribunal is directed to deliver recovery certificate in term oF the frnar order/ludgement for recovery of the sum against the defendant tn favour of the Applrcant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Ftnancral lnstitutions Acti 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 Officet on tO/07/2025 for further action rn accordance wrth law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Apptication being O.A. No.261 of 2024 is a owed and stands disposed of.

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Copy of the Judgement/Finat Order be uptoaded in the Tribunat,s website. File rs consigned to the Record Room.

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(D ctated to steno, transcribed by her, corrected, signed and pronounced by me rn the open Court on the loih day of lLre 2025)

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( KAI'1AL DE ) PRESIDING OFFICER,

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Debts Recovery Tribunal-3,^Kolkata Order Sheet ( Contin u atio n )

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Case No. OANo	UCOBank .^261of2024 Traders&Ors.
OateofOrder	Orderwithsignature
OrderNo.08 pt.10/06/2025	Order^{pronounced (vide separatesheets)} Intheresult,O.A.^{No.261of2024is allowedwithcosts'} RecoveryCertificate^accordingly Issue
	{^KamalDe) PresidingOfficer DRT-3,Kolkata
55	t_

Uco Bank v. Gupta Traders and Ors.

Case brief

What is this about?

What did the court decide?

Uco Bank v. Gupta Traders and Ors.

Case brief

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What did the court decide?

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