Allowed

Icici Bank Ltd., v. Messrs Dinar International and Others

DRT17 Oct 2023OA/309/2023

Case brief

AI extract

What is this about?

The DRT allowed the applicant bank's application for recovery of Rs. 1,10,54,237.01p as a non-performing asset, granting uniform simple interest at 10% p.a. and directed the issue of a recovery certificate.

What did the court decide?

Recovery of Rs. 1,10,54,237.01p with simple interest @10%p.a. and issue of Recovery Certificate.

Icici Bank Ltd., versus Messrs Dinar International… — Contract and Commercial Disputes | DRT (2023)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.309/2023

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 05.01.2023

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DATE OF DECISION: 17.10.2023

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ICICI Bank Ltd., a body corporate, incorporated under the Companies Act, 1956 and Bank within the meaning of the Banking Regulation Act, 1949 and having its registered office at Near Chakli Circle, Old Padra Road, Vadodara-390007, and its corporate office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai-400051 and having branches all over India and one of its branch office situated at Plot no.143-A, City Emporium, Industrial Area, Phase-I, Chandigarh-160002 through its authorized signatory, Sh. Vikas Kaundal

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……..Applicant

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Versus

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M/s Dinar International through its proprietor, 536/12D, Station Road, Industrial Area, Ludhiana, Punjab-141001

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Sh. Dinesh Narang S/o Sh. Ram Lal Narang, Proprietor M/s Dinar International R/o 67-F, Sukhdev Nagar, South City, Ludhiana, Punjab-141008

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Smt. Anu Narang W/o Sh. Dinesh Narang R/o 67-F, Sukhdev Nagar, South City, Ludhiana, Punjab-141008

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….……Defendants

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Advocates:

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Argued by Sh. Rahul Garg, counsel proxy for Sh. D.K. Singal, counsel for the applicant Defendants are ex-parte

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FINAL ORDER

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Present Original Application was instituted by the applicant bank under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendants for recovery of

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Rs.1,10,54,237.01p (Rupees One Crore Ten Lacs Fifty Four Thousand Two Hundred Thirty Seven and One Paise only). The Original Application has been filed through Sh. Vikas Kaundal, Authorized signatory o f the applicant bank, who is competent to institute the Original Application vide Power of Attorney dated 09.03.2021, which is Annexure A1 to this OA.

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The brief facts of the OA are that the defendant no.1 through its proprietor defendant no.2 had approached the applicant bank for the grant of Overdraft facility of Rs.1.20 Crores vide Loan application dated 13.06.2016 and Credit facility Application form dated 23.06.2016, which are Annexures A2 and A3 to this OA.

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The applicant Bank sanctioned the Overdraft facility of Rs.1.20 Crores and the terms and conditions were duly accepted by the defendants.

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Defendant no.2 had mortgaged his immovable property i.e. Residential property bearing no.B-15-866 measuring 105 sq. yards situated at Village Dholewal, Nirankari Mohalla, Gali no.5, Tehsil and District Ludhiana, Punjab vide Sale Deed no.16487 dated 05.01.2016 along with its translation, which is Annexure A5 to this OA.

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Documents executed: - Deed of Guarantee dated 23.06.2016, which is Annexure A4 to this OA; Annexure VII-B i.e. Declaration dated 23.06.2016, which is Annexure A6 to this OA; Recall notice dated 26.07.2022, which is Annexure A7 to this OA and Account statement, which is Annexure A8 to this OA.

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The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.1,10,54,237.01p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant bank requested to accept the application and to issue Recovery Certificate accordingly.

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The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte on 25.09.2023.

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In support of the OA, affidavit of Sh. Vikas Kaundal, Authorized signatory, ICICI Bank Ltd. h as been filed. 8. Heard ex-parte arguments and perused record.

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It was argued by learned proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant bank had proved its case. From the perusal of all the Annexures A1 to A8 to this OA, it is proved that the defendants approached applicant bank for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant bank is entitled to recover a sum of Rs.1,10,54,237.01p (Rupees One Crore Ten Lacs Fifty Four Thousand Two Hundred Thirty Seven and One Paise only) along with interest from the defendants, jointly and severally from the date of filing of the present Original Application till realization of the account.

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In so far as pendent elite and future rate of interest is concerned, the applicant bank in relief clause has claimed interest @16.40%p.a. with monthly rests from 01.12.2022 till the realization. The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it

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just and appropriate to grant uniform simple interest @10.00%p.a. in the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly.

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In the result, the application is allowed declaring that the Rs.1,10,54,237.01p (Rupees One Crore Ten Lacs Fifty Four Thousand Two Hundred Thirty Seven and One Paise only) with costs, current and future simple interest @10.00%p.a. in the loan account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant bank shall be entitled to recover aforesaid amount from the sale of hypothecated property of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the bank still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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Any other application pending stands disposed of. 13. Issue Recovery Certificate accordingly. 14. Parties to appear before Learned Recovery Officer of this Tribunal on 02.11.2023.

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Copy of this order be given dasti to the applicant bank and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned.

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Pronounced by me in the Open Tribunal. Dated: 17.10.2023

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Icici Bank Ltd., v. Messrs Dinar International and Others

Case brief

What is this about?

What did the court decide?

Icici Bank Ltd., v. Messrs Dinar International and Others

Case brief

What is this about?

What did the court decide?

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