The Debts Recovery Tribunal granted an ex parte interim order appointing an Advocate Commissioner to seize a schedule vehicle from defaulting borrowers to secure the bank's recovery claim, laying down detailed procedure for execution.
Appointment of Advocate Commissioner to seize vehicle plus procedural instructions and grant of summons.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL-I, KARNATAXA AT BENGALURU
Dated this the 25th day of August 2022
Present: Sri IMTIAZ ALI
Presiding Officer
I.A.No.2O6Ol2O22
IN
oA No.1534/2O22
BETWEEN:
ICICI BANK LIMITED,
Reoistered Office at:
'Land Mark' Race Course Circle,
Vadodara-390 007
Corporate Office at:
ICICI Tower, Bandra-Kurla Complex, Mumbai-400 051
Branch office at:
The Senate IBC,
Ulsoor Road,
Yellappa Garden, Yellappa Chetty Layout, Sivachetti Gardens, Bengaluru-560 008
AND:
.. PETITIONER/
APPLICANT BANK
D/o Mr Gubbi Lenkappa Ramu, Residing at. No.832/1, Ground Floor,
3d Main, 4th Block, Rajajinagar, Near Sadbhavana Circle, Bangalore-560 010
Also at:
\
Ms SHRUTHI. R., Wife of Ramakrishnaiah D.N., Near Ganapathi Temple,
2
lA No.2060/2022 in OA No.153412022
New Extension, DevaryaPatna, Tumkur-572104
Also at:
Mr RamakrishnaiahD.N', S/o AppannaiahNarasaPPa, Near Ganapathi TemPle, Devarayapatna, Tumkur-572104
RESPONDENTS / DEFENDANTS
z) The above InterlocutoryApplication is filed by the Petitioner/Applicant Bank, with affidavitof its Officer Mr Pramodh G,praying topermit the ApplicantBank to appoint an Advocate as a receiver totake the custodyof the schedule vehicle from the Defendants orfrom whomsoeverin possession of it, with the help of localjurisdictional police and upon takingpossession, to deliverthe same to the custody of
t
lA No,206012022 in OA No.15J.l/2C2.1
the Applicant Bank to keep it in safe custody till the disposa! of Original Application. In the affidavit, it is, inter alia, contended that the Defendants after availing the loan committed default in paying the outstanding due amount and despite being issued with Loan Recall Notice on OL.O7.2O2| have not paid the outstanding due amount as demanded. It is further contended that the Defendants in order to thwart the recovery of the amounts payable by them to the Bank have commenced the process of selling the vehicle to third party/ies by suppressing the material facts. Applicant Bank is having apprehension that if the Defendants succeed in disposing of the vehicle; the Applicant Bank would suffer irreparable loss and injury, hence the Applicant Bank has sought to allow the above I.A. as prayed for, in the interest of justice and equity.
lA No.2060/2022 in OA No.153412C22
importance. Noprejudice will be caused to the Respondents/ Defendants if such anex parte order is passed, since the hypothecated schedule assetwill be available to iton settlement of the duesin time. Withthat in view, I proceedto pass the following order which meetsthe ends of justiceand will alsoprotect the claimmadeby the Petitioner/Applicant Bank in the main aPPlication:
ORDER
V
lA No.2060/2022 in OA No.1534/2022
\
lA No.2060/2022i''l OA No l.534/2022
at its own cost, riskand responsibility, pendingdisposal of the case;
u
lA No'206012022in OA No'1534/2022
appropriateapplicationforremovalofdoubtsand/orfor clarificationand/or for extension of time'
xv) Issue summonsand notice to Defendants/Respondents.
SCHEDULE VEHICLE
All that piece and parcel of Innova Crysta Vehicle bearing Registration No. KA-41 -MC-O569.
Call on 23.LL.2023 for compliance/steps.
\ -bt'h
rlash{r
P-RESIDING OFFICER---(rurr^Idu DRT-I, BENGATURU
2 issues framed by the court
Whether an ex parte interim order appointing an Advocate Commissioner to seize a hypothecated vehicle is necessary in the interest of justice to prevent its disposal by the defaulting borrowers.
What procedural safeguards and conditions shall be laid down for the seizure and custody of the vehicle under the appointment of an Advocate Commissioner.
1 provisions across 1 enactments
ICICI BANK LIMITED
Ms SHRUTHI R
Mr Ramakrishnaiah D.N
Sri IMTIAZ ALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
