Allowed

Uco Bank v. Milan Kanti Sen and Anr.

DRT27 Feb 2025OA/505/2022

Case brief

AI extract

What is this about?

The Applicant Bank filed an original application for recovery of money owed via a cash credit. Hearing the matter ex parte due to the Defendants' absence, the Tribunal held them jointly and severally liable to pay the dues, interest, and costs.

What did the court decide?

Debts determined; Recovery Certificate to be issued; Defendants debarred from alienating properties; Time granted for repayment with penalty of asset sale.

Uco Bank versus Milan Kanti Sen and Anr. — Contract and Commercial Disputes | DRT (2025)

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BEFORE THE DEBTS RECOVERY TRIBUNAL.III KOLKATA PRESENT: -SRI XAMAL DE,

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PRESIOING OFFICER.

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O,A. o. s05 OF 2022.

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DATE OF DELIVERY OF ORDER | 2Tlo2lzOZs

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UCO Sank is a body corporate constituted under the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, having its Head Office at 10, Biplabi Trailokya Maharaj Sarant, Kolkata-7OOOO1 and also having its numerous branches including one at UCO Bank, Habra Branch, Nagarukhra t1ore, P.O. & P.S. Habra, District 24 parganas (North), pIN-743263, within the jurisdiction of this Ld. Tribunal,

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Applicant Bank.

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-Versus-

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1. I'lr, l,lilan Kanti Sen, S/o. Mr. Jatendra Nath Sen M/s, Sen Button Industries, B I D Sarani, Vill, & P.O. Hatthuba, South Ghoshpara,

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P.S, Habra, Dist. 24 parganas (N), pIN-743263.

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1. Mr. Jitendra Nath Sen, B B D Sarani, Vilt. & p.O. Hatthuba, South Ghoshpara, p.S.

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Habra, Dist. 24^parganas (N), pIN-743263,

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Defendants.

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Counsel for the Applicant Bankt -

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Md. Babulal lyoltah, Advocate,

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Set ex-parte on 06/02/2025

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JUDGEMENT

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The Applicant Bank filed the present O.A. being No, 0.A./505/2022 on OS/O,/2O22 tor recovery of a total sum of Rs. 31,33,865/- (Rupees thirty one lakh thidy three thousand eight hundred sixty flve onry) frcm the Defendants towards cash credit together with interest, cost and other usual relieB.

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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 flxed for ex-parte heaflng on OG/02/2025, and heard ex-parte accordingly,

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The Applicant Bank examined 12 documents through Srl Santanu Das, Senior Manager marked as Exhibit Annexure-A to Exhibit Annexure-L.

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Heard the Ld. Counsel for the Appltcant Bank.

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The point that arises for consideratlon is :

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Whether the Applicant Bank is entatled 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 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-L 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 in the OA with future interest and costs.

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In the result, the present Origlnal Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) o.A, No. 505 of 2022 fired by the Appricant Bank is a[owed and debt is determined with cost against the defendants. It rs hereby ordered that appricant bank is entiued to recover from the defendants the total amount to the tune of Rs. 31,33,g65/- (Rupees thirty one lakh thirty three thousand eight hundred sixty five onty) with pendentetite and future anterest @ t2o/o per annum interest with simple on the amount due from the date of filing of the Original Application i.e, OS/09/2022 till fuLl and final reallzation of the claim amount.

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(2) Amount, if any, paad by the defendants rn the roan accounts or amount, if any, recovered by the Applicant Bank after filang of the O.A. the same be taken into account white arriving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest 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 till the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thidy days from the date of the Judgement/Final 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 entiued to recover its dues by sale of secured assets, if any. Applicant bank is also entifled to proceed against 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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Judgement for issuance of the same against defendants in favour of the applicant bank

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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 Offtcer sha realize the amount as per the Recovery Certificate from the

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defendants in accordance with law.

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(7) Ld, Reglstrar of thls Tribunal is dlrected to deliver recovery certlflcate in term of the^final order/judgement for recovery of the sum agalnst the defendant^{ln favourof theApplicant} Bank under Sectlon 19⁽²²⁾ of the Recovery of Debts^{due to the Bank andFinancial} Institutions Act, 1993 now known as Recovery^{of Debtsand EankruptcyAct,1993.}

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(8)The parties are direc{ed to appear before the Recovery Officer on 28/03/2025 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. 505 of 2022^is allowed^andstands disposed of.

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copy of the ludgemenvFlnal order be uploaded ln the Trlbunal's website. File is conslgned to the Recgrd Room.

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(Drctated to steno, transcribed by her, corrected, srgned and pronounced by me in the open Court on thrs the 27tt day of February, 2024\

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( KAI4AL DE ) PRESIDING OFFICER.

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

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CaseNo.OANo	, 505of 2022 UCOBank Vs. MllanKantlSen&Anr.
DateofOrder	Orderwithsignature
OrderNo.07 Dt.27/Ozt?O25	Order pronounced(videseparate sheets).
	In theresult,O.A. No.505of2022is allowedwithcosts. Issue RecoveryCertificate accordingly.
s5	t^Xu.ulO") PresidingOfficer DRT-3,Kolkata

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

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CaseNo.O.A./	505/2022 UCOBank MilanXantiSen& Anr.
DateofOrder	Orderwithsignature
OrderN0.06 ot.06/02/2025	Prescnt:.
	ForApplicant:Ld,Advocateltd,BabulalMoflah ForDefendants:None
5S	The Registry has issued noticetotheDefendantslnterms of orderpassedby thisTribunal.Defendantshavenot turnedup despitethe factthatthenotices have been serveduponthe Defendants.Appllcantprayedforhearingof thecase ex_parte. Thematterispending slnce2022.Hencerightavailabletothe DefendantsforfilingofW.S,andcounterevidenceastobe closed.Itisclosed.TheOA proceedsex-parte.HeardtheLd. Counselfor the Applicant.Reservedfororder. Applicant mayfilewrittennotesof arguments. Io27/02/2025 fo.order.
	(KamalDe) Presiding Officer DRT-3, Kolkata

Uco Bank v. Milan Kanti Sen and Anr.

Case brief

What is this about?

What did the court decide?

Uco Bank v. Milan Kanti Sen and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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Case details

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