Allowed

Bangiya Gramin Vikas Bank v. Smt Keya Chakraborty and Anr.

DRT10 Sept 2025OA/25/2022

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's original application for recovery of an unpaid housing loan and associated interest. The defendants were adjudged jointly and severally liable to repay the determined debt along with future interest and costs.

What did the court decide?

Bank to recover total amount of Rs. 22,72,427/- with future interest at 9.506% p.a.; Recovery Certificate to be issued under Section 19(22) RBDA 1993.

Bangiya Gramin Vikas Bank versus Smt Keya Chakraborty and Anr. — Banking and Recovery | DRT (2025)

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BEFORE THE DEBTS RECOVERY^{TRIBUNAL.IITKOLKATA} PRESENTI^.SRI XAIi{AL^DE.

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PRESIDING OFFTCER'

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O.A' 25 of 2022

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DATE OF DELwERY OF ORDER: lOlOgl2O2S

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B.nglya Gramln Vlka3h Bank, a Government Enterprise^{(Establishedln terms of} provlsions of Reglonal Rural Banks Act, 1976), having Head Office at BMC House, NH-4, Chuanpur, Post Offlce-Chaltia, Berhampore, ln the Distrlct-Murshidabad,^Pin- 742 l1li and interalia carrylng on business from its Mathpukur Branch situated at 129, Dhapa Road, Kolkata-700105, under Police Station-Pragati Maidan, within the amblt of South 24 Parganas Regional Office at Snehadeep Apartment, Balia, Garia Statlon Road, Kolkata-700084, District- 24 Parganas (South) under Police StationNarendrapur, within the^jurisdaction of this Learned Tribunal.

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... Applicant.

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-Versus-

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Smt. Keya Chakraborty, Daughter of Late Prabhat Kumar Chakraborty, Restding at 207lH, Narkeldanga Railway Quarter, Kolkata-700011; and also at Flat no.44,3'd Floor, 24 Nabapally (Ananta Dutta Road), Kotkata-7oo 079.

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Mr. Debashis Kundu, son of li'lr. M. K. Kundu, residing at 26, J.N. Tiwary Road, Kolkata-700079.

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... Defendants.

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Counsel for the Appllcant Bank:

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Mr. Debashis Chakraborty, Advocate,

Set ex-parte on

01/09/202s

]UDGEMENT

The Appllcant Bank flted the present O.A. belng No. O.A. ZS ol 2022 on LO/12/2OZ1 fot recovery of a total sum ol Rs, 22,22,4271- (Rupees Twenty Two Lacs Seventy Two Thousand Four Hundred and Twenty Seven only) from the Defendants towards Cash Credit Loan Faclllties in the form of Houslng Loan together with interest, cost and other usual reliefs.

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The Defendants are served wlth summons. The defendants did not appear, as there was no representation from the defendants, the case was flxed for ex-parte hearing o n Ot/09/2O25, and heard ex-parte accodtngly.

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The Applicant Bank examlned 11 documents through Sri Tapan Kumar Dey being the Chief Regional l.4anager, Bangtya Gramin Blkash Bank marked as Exhtbit Annexure_A to Exhtbit Annexure-K,

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arlses for conslderaflon ls i

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Whether the Appltcant Bank ls enflued to the clalm made in the OA against the Defendants and OA schedule proper es as prayed for?

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As stated supra, the Defendants remarned absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitats in the documents vrz., Exhibrts Annexure-A to Exhibit Annexure-K marked on beharf of the Applicant Bank, established the clalm of the Applrcant Bank against the Defendants and oA schedule propertles. Hence, t hold that the Defendants are jolnUy and severa y liable to pay to the Applicant Bank the clalms made ln the OA with future interest and costs.

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In the result, the present Ortginal AppllcaUon ls allowed ex-parte with costs, as under:-

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ORDER

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(1)O.A. 25 of 2022 flled by the Appllcant Bank ts allowed and debt is determtned with cost agalnst the defendants. It ls hereby ordered that Appllcant Bank ts enlged to recover from the defendants the total amount to the tune of of Rs, 22,72,427/- (Rupees Twenty Two Lacs Seventy Two Thousand Four l.lundred and Twenty Seven only) with pendente lite and

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J future lnterest @ 09.0506 per annum interest with simpte on the amount due from the date of firing 0f the orrginar App,cation r.e 16.12.2021 ti, fu, and finar rearzation of the craim amount.

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(2) Amount, if any, patd by the defendants ln the loan accounts or amount, if any, recovered by the Appltcant Bank after flting of the O.A. the same be taken tnto account white arrivtng at the exact amount of dues/debt payable by the defendants. Accordingly, pendente lite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred fn

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be,oneine to them,,,,,." ","J,j511"J11",^{J:l::1[::1[;':1"?,"I:l:",*"."'}

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(4) DefendanG are given a flme of thtrty days from the date of the JudgmenvFlnal Order for repaylng of the above menUoned dues, so tnumated to them. In case the defendants fail to pay the dues wtthin the abo\ dues by sa e or secured "J":ffi;:'Jil:ii:::l'f:::"* l;":":::1,,:"::T:;:: personal propeftles of the defendants (Both movable and lmmovable) and also proceed against the defendants personally to recover the dues in accordance with taw,

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(5) Let the certlficate of Recovery be drawn up by Ld. Registrar forthwrth in terms of Judgment for issuance of the same against defendants tn favour of the "ppri"unt^{uunr under section}

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19 (22) of the Recovery of Debts and Bankruptcy Act, ,rr, issuance of the Certiflcate. "nO^{put up the same for}

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(5) Ld. Recovery Omcet shall reallze the amount as per the Recovery Cerflficate from the defendants in accordance wlth law.

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(7) Ld, Reglstrar of thls Trlbunal ls dlrected to dellver recovery certlflcate ln term of the flnal order/judgment for recovery of the sum against the defendants in favour of the Applicant Bank under Sectlon 19(22) of the Recovery of Debts due to the Bank and Financial Instltutlons Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(8)The parties are dlreded to appear before the Recovery Officer on 28110,/2025 for further actlon in accordance wlth law ln the event the enlre amount is not paid by the said date.

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AccDrdlngly, the Ortgtnal Appltcation betng O.A, No.2S of 2022 is allowed and stands disposed of.

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Copy of the JudgmenvFtnal Order be uploaded tn the Trtbunat,s website. File as conslgned to the Record Room,

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(Dictated to steno, transcribed by him, corrected, stqned and pronounced by fte in the open court on the lo'h dat of Septehber, 2025)

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(K;mtTE-I--PRESIDING OFFICER.

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

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caseNo. O.A.	25ol2022 Banglya GramlnvlkashEankvs.KeyaChakraborty& Anr.
Dateot Order	Orderwithsignature
OrderNo.10 Dt.10t09 t2025	Order pronounced (vlde separate sheets)
sh	Intheresult,O.A.25of2022isallowedwithcosts. IssueRecoveryCertiflcate accordingly.
	(KamalDe ) PresidingOfficer DRT-3, Kolkata

Bangiya Gramin Vikas Bank v. Smt Keya Chakraborty and Anr.

Case brief

What is this about?

What did the court decide?

Bangiya Gramin Vikas Bank v. Smt Keya Chakraborty and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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