Authority: Supreme Court of India
Order Date: 18-09-2026
Case Overview
- Petitioners: UCO Bank & Ors.; Respondent: Sailendra Nath Kakati.
- Petition(s) for Special Leave to Appeal (C) No. 14350/2026, arising from the impugned final judgment and order dated 11-02-2026 in WA No.10/2026 of the Gauhati High Court.
- Additional SLP(C) No. 16537/2026 (XV) is also listed.
- Hearing conducted before Hon'ble Mr. Justice Joymalya Bagchi and Hon'ble Mrs. Justice V. Mohana on 18-09-2026.
- Counsel for petitioners: Ms. Vibha Datta Makhija (Sr. Adv.), Mr. Sarfaraz Khan, Mr. Mirza Amir Baig, Mr. Wahid Mashaal, Mr. Kausar Raza Faridi (AOR).
- Counsel for respondent: Mr. Bhaskar Dev Konwar (Sr. Adv.), Ms. Charu Ambwani (AOR).
Observations & Reasoning
1. The Court perused the compliance report submitted by the bank.
2. The report indicates that the bank has adjusted the pensionary provident fund against outstanding loans, which have been classified as Non‑Performing Assets (NPA).
3. No justification was provided for the withholding of the gratuity amount.
Directions
- The Court directs the respondent to furnish an undertaking before the bank, affirming that the respondent will refund the provident fund and gratuity if the matter is decided in favour of the bank.
- Subject to receipt of such undertaking, the entire amount of the provident fund and gratuity shall be released to the respondent(s) within four weeks from the date of the undertaking.
Final Outcome
- The Court ordered the conditional release of the provident fund and gratuity, contingent upon the respondent’s undertaking, and scheduled further proceedings for 20‑11‑2026.
Topics: Legal; Banking