Allowed

Bangiya Gramin Vikas Bank v. Roni Islam Molla and Ors.

DRT30 Apr 2026OA/360/2022

Case brief

AI extract

What is this about?

In ex-parte proceedings, the TRT allowed an Original Application filed by Bangladesh Bangla Gramin Vikash Bank for recovery of a term loan amount of Rs. 35.86 lakh plus interest and costs from absconding borrowers, directing issuance of a recovery certificate and enjoining disposal of assets.

What did the court decide?

Allowed the Original Application, decreed the total dues with interest, restrained defendants from alienating properties, and directed issuance of a Recovery Certificate for realization of the amount.

Bangiya Gramin Vikas Bank versus Roni Islam Molla and Ors. — Banking and Recovery | DRT (2026)

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BEFORE THE DEBTS RECOVERY^{TRTBUNAL-IIIKOLKATA}

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PRESENTT- SRI ARBIND MADHAv

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PRESIDTNG OFFTCER OF^{DRT.II KOLKATA}

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ADDTTTONAL CHARGE OF DRT-III^XOLKATA

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o.A. NO. 360 0F 2022

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DATE oF DELTVERY OF ORDER : 30 lO4 12026

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Bangiy. Gramin Vlkash Bank, a Government Enterprise^{(established in terms of} provisions of Regional Rural Banks Act 1976), having Head Office at BMC House, NH34, ChuanDUr, Post office- chaltia Berhampore, in the District-^{t4urshidabad,Pin-} 724107i and inter-alia carrying on business from its South 24 Parganas^Regional office at Snehadeep Apartment Balia, Garia Station Road, Kolkata-700084, and branch offices having other^places, inter alia, at Chunakhali, Distract- South²⁴ Parganas, known as "Chunakhali Branch", 14ithin the^jurisdiction of this Ld. Tribunal.

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Applicant Bank.

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-Versus-

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Mr. Ronl lslam Molla (PAN- NBPM0228Q), son of Golan All Molla, residing at VillageRamchandrakhali, P.O.- Sonakhali, P.S.- Basanti, Dlstrict- South 24 Parganas, PIN743312.

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Mr. Alalm Bari Seikh (PAN- CTYPS8977D), son of Iran Seikh, residing at Vi ageRamchandrakhali, P.O.- Sonakhali, P,S.- Basanti, Dlstrict- South 24 parganas, pIN743312.

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Mr. Adhir Ghosh, son of Thakurdas Ghosh, restdtng at Village- Sonakhali, p.O.Sonakhali, P,S.- Basantl, Distrlct- South 24^parganas, pIN-743312,

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Defendants.

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Counsel for the Applicant Bank: -

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Poetry Dutta, Advocate,

Set ex-parte on

22/04/2026

JUOGEMENT

The Applicant Bank flled the present O.A. being No. 0.A./360/2022 on 2a/O6/2022 for recovery of a total sum of Rs. 35,86,952.27l- (Rupees thtrty five lakh eighty six thousand nine hundred fifty two and palsa twenty seven onty) from the Oefendants towards Term Loan together wlth lnterest, cost and other usual reliefs.

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The Defendants are served with summons. The defendants dld not appear, as there was no representation from the defendants, the case was fixed for ex_parte hearing on 22/04/2025, and heard ex-parte accordtngly.

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3, The Appllcant Eank examlned 11 documents^{through Sri TapanKumar Dey, ChlefManager} marked as Exhlblt Annexure-A to^{Exhlbit Annexure'A'10.}

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Heard the Ld. Counsel^{for the ApplicantBank.}

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The^point that arises for consideration^is:

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whether the Applicant Bank^is entitled^{to the claimmade in the OA against theDefendants} and OA schedule^propertles as^{prayed for?}

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As stated supra, the Oefendants^{remained absent and did not turn up to controvertthe} version of the O.A. of Appllcant^{Bank. The EvidenceAffidavltcoupled with the recitals in the} documents viz., Exhibit Annexure-A to^{Exhibit Annexure-A-lo marked on behalf of the} Applicant Bank, established^{the claim of the Applicant Bank againsttheDefendants andoA} schedule^properties. Hence,^{I hold that the Defendants are} Jolntly^{and severally liable to pay} to the Applicant^gank the claims^{made ln the OA with future interest and costs.}

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In the result, the^present Original Application^{is allowedex-parte withcosts, as under:-}

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ORDER

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(1) O.A. No. 360 of 2022 flled by the Applicant Bank is allowed and debt is determlned with cost against the defendants. It is hereby ordered that applicant bank ls entitled to^{recover from} the defendants the total amount to the tune of Rs, 35,A6,952.27 /^{- (Rupees} thirty^{five lakh} eighty six thousand nine hundred flfty two and^palsa twenty seven only) with^pendentelite and future interest @ 13.7590^per annum lnterest with slmple on the amount due from the date of filing of the Origlnal Appllcation l,e,2A/06/2022 tlll full and flnal realization of the claim amount.

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(2) Amount, lf any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Bank after flling of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payable by the defendants. Accordlngly, pendentellte and future lnterest shall be calculated on the reduced amount.

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(3) Defendants are debarred from dlsposing, alienatlng or deallng with any of the properties belonging to them till the aforesald decretal debt is recovered from the defendants.

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(4) Defendants are glven a tlme of thirty days from the date of the JudgemenvFlnal Order for repaylng of the above mentloned dues, so lntlmated to them. In case the defendants fail to pay the dues wlthin the above mentioned tlme, the applicant bank is entided to recover its dues by sale of secured assets, if any. Applicant bank ls also entiUed to proceed against personal propertles 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 )udS.^ent for lssuance of the same agalnst defendants ln favour of the applicant bank

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under Section 19⁽²²⁾ of the Recovery of Debts^{and BankruptcyAct, 1993 and put up the} same for issuance of the Certificate.

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(6) Ld. Recovery Officer shall realize the amount as^per the Recovery Certificate^{from the} defendants ln accordance wlth law.

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(7) Ld. Registrar of thls Tribunal is dlrected to deliver recovery certlflcate in term of the final orderljudgement for recovery of the sum against the defendant in^{favourof the Applicant} Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act,^1993.

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(8)The parties are directed to appear before the Recovery Ofticer on 72/0612026 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,360 of 2022 is allowed and stands disposed of.

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Copy of the JudgemenvFinal Order be uploaded in the Tribunal's website.

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File is consigned to the Record Room.

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(Dictated to steno, transcribed by her, corrected, signed and pronounced by me in the open Court on the 3oth day of April, 2026)

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A t r^

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¶45

;-ffirARBrNcffitrll-vi

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PRESIDING OFFICER OF DRT.II KOLKATA ADDITIONAL CHARGE OF ORT.III KOLKATA

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

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CaseNo.OANo	.360of²⁰²² Bangiya Graminvik.shBank Vs. RoniIslamrolla&ors.
DateofOrder	orderwithsignature
OrderNo.10 ot.3010412026	Order^{pronounced (vlde}separate^sheets).
	lntheresult,O.A.No.350ot^2022is RecoveryCertlficateaccordinglY. allowed costs.
	PresidingOfficer DRT-2,Kolkata AdditionalChargeofDRT-3,Kolkata

Bangiya Gramin Vikas Bank v. Roni Islam Molla and Ors.

Case brief

What is this about?

What did the court decide?

Bangiya Gramin Vikas Bank v. Roni Islam Molla and Ors.

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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