Allowed

Uco Bank v. Ms Aradhya Fashion and Anr.

DRT31 Jan 2025OA/57/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by UCO Bank for recovery of dues amounting to Rs. 46,26,282.65 from two defendants who were absent. The Tribunal issued a recovery certificate under the RDDBI Act 1993.

What did the court decide?

Recovery order and issuance of a Recovery Certificate under Section 19(22) of the RDDBI Act 1993, along with a stay on alienation of properties.

Uco Bank versus Ms Aradhya Fashion and Anr. — Banking and Recovery | DRT (2025)

¶1

BEFORE THE DEBTS RECOVERY^{TRIBUNAL-IIIKOLI(ATA} PRESENTI -SRI KAMAL DE'

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PRESIDING OFFICER.

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O.A. No. 57 of 2023.

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DATE OF DELIVERY oF ORDER: 3lloll2025

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UCO Bank, a body^{corporate constituted under the Banking Companies (Acquisition} & Transfer of Undertakings)^{Act,1985, having its registeredoff'ceat 10, BTM'} Sarani, PS, Hare^{Street, Kolkata-7OOOOland also having its branchofficeat} Burrabazar Branch,^{(0014) 71, Lower Chitpore Road,P'O -Burrabazar, P S -} Jorasanko. Dist.-Kolkata,^{PinCode-700o73,dulyrepresentedby Sri sohan} Chatterjee and address^{for all services of notice as statedabove,within the} jurisdiction of this Ld. Tribunal,

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''. Applicant Bank

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-Versus-

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M/s, Aradhya^Fashion

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Neha Singh,^{wife of sandiPSingh.}

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-l

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Addresses of defendant^{no, 1, !'lls.Aradhya Fashion is at Taj GuestHouse'} ;;il;;;, nnJri-noio, tlowrah-zltlt:^{ind'derendantno 2 is a[ Flat No 3'3'd} ifooi,^'l,ronoru-u Apartment,^{NityanandaNagar, Bakultala,Howrah-711109and} service of all notices^{is same as above.}

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Defendants.

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Counsel for^{the APP|icantBank: -}

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Mr. Sachetan Ghosh,^Advocate,

set ex-parte on

24/01/2025

]UDGE14ENT

The Applicant Bank^{filed the present O.A.being No O'A 15712023on 1801 2023for} recovery of a total^{sum of Rs. 46,26,2A2'65t-(RupeesFortySix LacsTwenty Six Thousand} Two Hundred and^{EightyTwo and Sixty Five pa'se)only from the Defendants towardscash} credit facilities^{together with interest, costand other usual reliefs'}

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2.TheDefendantsareservedwithsummons.Thedefendantsdidnotappear,aStherewasno representation from^{the defendants,the casewasflxedfor ex-partehearing on 241o112025'} and heard ex_Parte^accordinglY

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The Applicant Bank^{examined 04 documentsthroughMr' Sohan chatterjee'SeniorManager'} UCO Bank and^{markedas Exhibit Annexure-Ato Exhibit Annexure-D'}

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Heard the Ld, Counsel^{for the Applicant Bank'}

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The^point that arises^{for considerationis :}

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Whether the Applicant Bank is entitled to the claim madeⁱⁿ the^{OA againstthe 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 Applacant Bank. The Evidence Affidavit coupled^with the^{recitalsin the} documents viz., Exhibits Annexure-A to Exhibit Annexure-D marked on behalf of^the Appllcant 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 Appllcant Bank the claims 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. 57 of 2023 filed by the Applicant Eank is allowed and debt is determined with cost against the defendants. lt is hereby ordered that applicant bank is entitled to recover from the defendants the total amount to the tune of Rs. 46,26,282.65/-^(Rupees Forty Six Lacs Twenty Six Thousand Two Hundred and Eighty Two and Sixty Five paise) only with pendentelite and future interest @ 8.60 9o per annum lnterest due from the date of flling of the Original Application i.e. 18.01.2023 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 anto account while 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 thirty days from the date of the JudgemenvFinal Order for repaying of the above mentloned dues, so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the appllcant bank is entitled 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 peEonally 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 in terms of ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankr'.rptcy Act, 1993 and put up the same for rssuance of the Certiflcate,

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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 finat ordey'judgement for recovery of the sum against the defendant ln favour of the Applicant

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Bank under Section 19⁽²²⁾ of the^Recovery of^{Debtsdue to the Bank andFinancial} Institutions Act, 1993 now known as^{Recoveryof Debtsand Bankruptcyact, 1993.}

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(8)The parties are dlrected to appear before the Recovery Offrcet on O7|O4/2O25^{for further} action ln accordance wlth law in the event the^{entire amount is not paid by the sald date.}

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Accordingly, the Orlglnal Application being O,A.^{No. 57 of 2023 is allowedandstands} dlsposed of.

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copy of the JudgemenvFlnal Order be uploaded in the Trlbunal's webslte. Flle is consigned to the Record Room.

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(Dictated to steno, transcribed by him, corrected, signed and pronounced by me in the open Court on the 3lst day of January, 2025).

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( KAMAL DE ) PRESIDING OFFICER.

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

¶45

Case No. O.A./57,/2023 UCO Bank
Vs.
Order No,21
ot,31t 07 / 2025 Order pronounced (vide separate sheets).
In the resutt, O.A. No. 57 of 2023 is allowed with costs.
Issue Recovery Certrficate accordtngly.
( Kamat De )
presiding Officer
DRT_3, Kotkata

¶46

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

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Case No, O.A./57l2023 UCO Bank
Vs.
Order with signature
Order No.20 Presenti.
Dt.24t 01/ 2025
For Applicant :
Ld. Counsel Mr. Sachetan Ghosh
For Defendants i None
The Registry has issued notice to the Defendants in
terms of order passed by this Tribunal. Defendants have not
turned up despite the fact that the notices have been served
upon the Defendants. Applicant prayed for hearjng of the case
ex-parte. The matter is pending since 2023. Hence right
available to the Defendants for filing of W.S. and counter
evidence is to be closed. It is closed, The OA proceeds ex_
parte. Heard the Ld Counsel for the Appllcant. Reserved for
order.
Applicant may flle written notes of argument.
To 31/01/202S for order.

Uco Bank v. Ms Aradhya Fashion and Anr.

Case brief

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Uco Bank v. Ms Aradhya Fashion and Anr.

Case brief

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