Allowed

Icici Bank Limited v. Mr Brijendra Pandey

DRT4 Mar 2023OA/528/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Jaipur allowed an Original Application filed by ICICI Bank Ltd. against Brijendra Pandey. The court held the defendant liable to repay Rs. 23,56,221 with future interest and costs based on an affidavit of evidence. A Recovery Certificate was directed to be issued and verified by the Recovery Officer for execution.

What did the court decide?

A sum of Rs. 23,56,221 with future interest @ 11.25% p.a. from 02.04.2022 till realization, plus costs; Recovery Certificate issued for recovery from movable and immovable properties.

Icici Bank Limited versus Mr Brijendra Pandey — Banking and Recovery | DRT (2023)

¶1

“ORIGINALAPPLICATION” No. 528 of 2022

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

¶3

PRESIDING OFFICER

¶4

O.A. NO. 528 OF 2022

¶5

DATE OF DELIVERY OF ORDER 04.03.2023

¶6

ICICI BANK LTD.

¶7

Branch Office – JSEL Building, 3^rd Floor, Near Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur (Raj.)

…..Applicant Bank…..

VERSUS

BRIJENDRA PANDEY

S/o Mr. Chandrakant Pandey

¶12

R/o M-708, Block 2, Ashiana Aaganvillage, Mohalitya Neemrana,Alwar, Neemrana-301705

¶13

……Defendant…..

¶14

Counsel for the Applicant Bank Sh. Mukesh Chand Sharma Defendant Ex parte

¶15

JUDGMENT

¶16

This Original Application was filed by Applicant Bank against Defendant on 02.04.2022 for recovery of an amount of Rs 23,56,221/-- with pendentlite and future interest and cost.

OA No. 528 of 2022

As per O.A., Defendant approached the Applicant Bank for financial assistance. After due consideration, credit facility was sanctioned by the Applicant Bank in favour of Defendant. Defendant failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendant.

¶21

Defendant were proceeded ex parte on 29.11.2022.

¶22

Heard arguments and perused the record.

¶23

6 As stated supra, the Applicant Bank filed the evidence affidavit coupled with the recitals in the documents, viz Exhibit A/1 to A/8 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendant. Hence, I hold that the Defendant is liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶24

In the result, this O.A. No. 528 of 2022 is allowed declaring that:-

¶25

a) The Defendant is liable to pay to the applicant bank a sum of Rs. 23,56,221/- (Rupees Twenty Three Lac Fifty Six Thousand Two Hundred Twenty One only) with future interest @ 11.25% p.a. (Simple) from 02.04.2022 till the date of realization.

¶26

b) The applicant bank is entitled to recover the above amount from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶27

c) The applicant bank is entitled to the costs of the O.A.

¶28

The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

OA No. 528 of 2022

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 04.06.2023 .

¶33

Prepare Recovery Certificate accordingly.

¶34

A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

¶35

(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶36

Order pronounced in the open court today i.e. 04.03.2023 .

¶37

(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 528 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA PRESIDING OFFICER

¶42

O.A. NO. 528 OF 2022

¶43

DATE OF DELIVERY OF ORDER 04.03.2023

¶44

RECOVERY CERTIFICATE

¶45

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

¶46

ICICI BANK LTD.

¶47

Branch Office – JSEL Building, 3^rd Floor, Near Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur (Raj.)

…..Applicant Bank…..

VERSUS

BRIJENDRA PANDEY

S/o Mr. Chandrakant Pandey

¶52

R/o M-708, Block 2, Ashiana Aaganvillage, Mohalitya Neemrana,Alwar, Neemrana-301705

¶53

……Defendant…..

¶54

Recovery Certificate for Rs. 23,56,221/-

¶55

In terms of final order dated 04.03.2023 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶56

a) The Defendant is liable to pay to the applicant bank a sum of Rs. 23,56,221/- (Rupees Twenty Three Lac Fifty Six Thousand Two Hundred Twenty One only) with future interest @ 11.25% p.a. (Simple) from 02.04.2022 till the date of realization.

¶57

b) The applicant bank is entitled to recover the above amount from the personal movable and immovable properties/assets of Defendant. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶58

c) The applicant bank is entitled to the costs of the O.A.

OA No. 528 of 2022

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 04.06.2023 .

¶63

The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

¶64

This Certificate has been issued under my signatures and seal of the Tribunal on this 04.03.2023 .

¶65

(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 528 of 2022

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIVEK SAXENA

¶70

PRESIDING OFFICER

¶71

O.A. NO. 528 OF 2022

¶72

DATE OF DELIVERY OF ORDER 04.03.2023

¶73

SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COST

¶74

ICICI BANK LTD.

¶75

Branch Office – JSEL Building, 3^rd Floor, Near Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur (Raj.)

…..Applicant Bank…..

VERSUS

BRIJENDRA PANDEY

S/o Mr. Chandrakant Pandey

¶80

R/o M-708, Block 2, Ashiana Aaganvillage, Mohalitya Neemrana,Alwar, Neemrana-301705

¶81

……Defendant…..

¶82

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	26,000.00
2	Process Fee (Inc. Publication)	55.00
3	Advocate Fee	1,250.00
4	Commission/Receiver/Valuation	NIL
5.	Miscellaneous Charges	NIL
	Total	27,305.00

¶83

Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 528 of 2022

04.03.2023

Counsel:

Sh. Mukesh Chand Sharma, Counsel for Applicant Bank Defendant are ex parte

¶90

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepisd accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015 and after verification place the same before the Tribunal.

¶91

(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 528 of 2022

04.03.2023

Counsel:

Sh. Mukesh Chand Sharma, Counsel for Applicant Bank Defendant are ex parte

¶98

The Tribunal vide order dated 04.03.2023 , directed the Registrar to verify the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015.

¶99

The Registrar vide order dated 04.03.2023 verified the Recovery Certificate as per Regulation 24(1) and (2) of Debts Recovery Tribunal Jaipur Regulation 2015. Recovery Certificate is prepisd accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶100

(Vivek Saxena) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 528 of 2022

DEBTS RECOVERY TRIBUNAL, JAIPUR

¶105

ORIGINAL APPLICATION NO. 528 of 2022

¶106

The Recovery Certificate prepisd in compliance of order dated 04.03.2023 passed by Hon’ble Presiding Officer, DRT, Jaipur in Original Application No. 528 of 2022 Title ICICI Bank Limited Vs Brijendra Pandey has been checked and may be verified.

¶107

Section Officer

¶108

Assistant Registrar

¶109

On the basis of the report of Section Officer the Recovery Certificate is verified. The Recovery Certificate is placed below for the signature of Hon’ble Presiding Officer please.

¶110

Assistant Registrar

¶111

Hon’ble Presiding Officer

¶112

Icici Bank Limited v. Mr Brijendra Pandey

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Mr Brijendra Pandey

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

Similar cases

Vishwa Bandhu Shrimali versus Union Bank of India

Punjab and Sind Bank versus M/S Unique Agro Industries

Yes Bank versus Jilani Construction Company

State Bank of India versus Mr Anish Thomas

Icici Bank Limited versus M/S D.M. Construction Company

Bank of Baroda versus Mr Ram Gopal Verma