Section 16 of the PDR Act refers to interest, costs and charge which are recoverable in respect of every certificate which has been filed under section 4 or section 6. In other words, these include the amounts which are leviable from time to time in respect of the certificate after it has been filed. It should be noted that upto the stage of filing of a certificate under section 4 or 6 whatever sums become due are entered in the certificate, and they are-
(i) actual amount due,
(ii) interest, if any, from the date when the amount becomes
due to the date of filing of the certificate (the inclusion of the interest shall be done by the Requiring Officer or the Department concerned), and amount of ad-valorem court-fees paid (this is in respect of certificate filed under section 6). Clause (a) of section 16 refers to interest leviable on the demands in the certificate calculated at the rate of 6 4/1 % from the date of signing of the certificate to the date of realization i.e., the actual recovery of the demands. ...Md. Shahin Ikbal Vs. General Certificate Officer & ors, (Civil), 17 SCOB [2023] HCD 168 ....View Full Judgment

Duty of the Certificate Officer:
Before starting Certificate Case, it is the duty of the Certificate Officer to see as to whether the requisition is filed in a prescribed form under section 5 of the PDR Act and whether the provision of section 6 of the PDR Act has been complied with. In this case, the Certificate Officer without any objective satisfaction and only on the basis of improperly filed requisition letter and without considering as to whether the entire outstanding dues as claimed by the respondent-Bank is actually due at the relevant time, the Certificate Officer started certificate proceeding. Prescribed Form means the forms appended in the PDR Act. The Schedule-II, Rule 84 prescribes the various forms. Form No. 1 clearly spells out that the Certificate Officer has to give certificate that the amount stated in the requisition letter is recoverable and is recovered by suit is not barred by law. ...Md. Shahin Ikbal Vs. General Certificate Officer & ors, (Civil), 17 SCOB [2023] HCD 168 ....View Full Judgment

It is true that a certificate tantamounts to decree. It cannot be denied that the Certificate Officer’s position is like an Executing Court for enforcing the decree of the Civil Court. ...Md. Shahin Ikbal Vs. General Certificate Officer & ors, (Civil), 17 SCOB [2023] HCD 168 ....View Full Judgment

Interest should be imposed as per law:
It cannot be denied that during the pendency of the execution case, the lender Bank or FIs may impose interest, but that interest should be as per law. But the interest, costs and other incidental expenses incurred during the execution proceeding is the discretion of the presiding officer, who presides over certificate proceedings and such discretion has also to be exercised judiciously, carefully, cautiously and not whimsically. ...Md. Shahin Ikbal Vs. General Certificate Officer & ors, (Civil), 17 SCOB [2023] HCD 168 ....View Full Judgment

By and large after filing the Certificate Case, the calculation of interest has to be made in accordance with section 16 of the PDR Act. If the contention of the respondent-Bank is accepted that the interest and charges are recoverable on the certificate amount upto the date of realization as per the mandate of section 16 of the PDR Act, then it would be safely concluded that the interest imposed during the pendency of the Certificate Case was also unlawful and unjustified. ...Md. Shahin Ikbal Vs. General Certificate Officer & ors, (Civil), 17 SCOB [2023] HCD 168 ....View Full Judgment

Sentence of Fine: whether it is a Public Demand;
Unquestionably the sentence of fine passed by any Criminal Court is not a “public demand” within the meaning of the Public Demands Recovery Act, 1913. As it is not a “public demand” within the meaning of the Public Demands Recovery Act, the question of realization of the fine amounts through initiation of the Certificate Case is out of the question. Such Certificate cases are an abuse of the process of law. ...Md. Golam Morshed Vs. Court of the Executive Magistrate & General Certificate Officer, Dhaka, & anr., (Civil), 14 SCOB [2020] HCD 101
The realization of any fine amount under any sentence of fine of any Criminal Court cannot be effected by resorting to the provisions of the Public Demands Recovery Act, 1913. ...Md. Golam Morshed Vs. Court of the Executive Magistrate & General Certificate Officer, Dhaka, & anr., (Civil), 14 SCOB [2020] HCD 101 ....View Full Judgment