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2021 Supreme(Cal) 187

SUVRA GHOSH
Union Of India – Appellant
Versus
UCO Bank – Respondent


Advocates Appeared:
Moti Sagar Tiwari, Advocate, Subhankar Nag, Advocate, Sreya Basu Mallick, Advocate, Ankit Dey, Advocate, Pranit Bag, Advocate

JUDGMENT

Suvra Ghosh, J. - The Union of India is represented.

2. Respondent numbers 1 and 4 are represented and the other respondents are found absent on call despite service of notice upon them.

3. It is submitted on behalf of the petitioner that opposite party no. 3 Bharat Process and Mechanical Engineers Ltd. obtained credit facility from respondent no. 1 UCO Bank and defaulted in repayment of the same resulting in institution of a civil suit by opposite party no. 1. The petitioner stood guarantor to such loan to the extent of Rs. 250 lakhs. The civil suit was transferred before the DRT-1 and registered as T.A. No. 216 of 1994. The said case was allowed with the following observations:-

    (i) "The UCO Bank, the respondent no. 1 herein was entitled to realize a sum of Rs. 1,92,12,957.92p. from the defendant no. 3;

      (ii) The UCO Bank, the respondent no. 1 herein was also entitled to realize a sum of Rs. 2,16,13,312.35p. from the Petitioner and Respondent no. 3 jointly;

        (iii) The respondent no. 1 (UCO bank) was entitled to realize interest at the rate of 19.5% per annum on the aforesaid certificate amount;

          (iv) The respondent no. 3, Bharat Process and Mechanical Engineers Ltd. was rest

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