The DRT-I, Bengaluru allowed an Office Application filed by ICICI Bank for recovery of dues of Rs. 23,75,151.62 from a defendant who defaulted on vehicle and personal loans. The applicant was heard ex parte as the defendant remained absent.
Recovery of Rs. 23,75,151.62 with interest and costs; liberty to sell schedule property and issue Recovery Certificate.
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IN THE DEBTS RECOVERYTRIBUNAL- I, KARNATAKA
AT BENGALURU
Dated this the 06th dayof November, 2023
Present: sri Imtiaz Ali
Presiding officer
oA No.536/2022
BETWEEN:
IcIcI Bank Limited,
Branch Office at -
The Senate IBC, UlsoorRoad Yellappa Garden,YellappaChetty Layout Sivachetti Gardens,Bengaluru560 Oo8 Represented byits Officerand Power of AttorneYHolder Sri Pramodh G
'.APPLICANT
AND:
MSK Mill Road Opp: GovernmentPress Gulbarga-s8s 1O2
'DEFENDANTS
Counsels onrecoldlaDoearedfoii Applicant : FX and Co Defendants i Ex Parte
FINAL ORDER
Thepresent OAhave been filed by the Applicant Bank
under Section19 of the Recovery of Debts and Bankruptcy Act, 1993, seekingrecovery of money of Rs'23,75,151'62
!.
(Rupees twenty-threelakhs seventy-five thousandone hundred fifty oneand paise sixty two only) together
OA No.536/2022
with costs, interest, etc.
t
OA No.s35/2022
Defendant. In spite of repeated reminders and several requests, the Defendant has failed and neglected to make the payment. Thereafter, the Applicant Bank has sent recall notice to the Defendant on !9.O7.ZOZI, calling upon him to repay the total outstanding dues within 7 days from the receipt of the recall notices. In spite of receipt of recall notices, the Defendant has failed to pay the outstanding dues and hence the recovery process is initiated to recover the dues.
\
oA No.536/2022
Ex.Al and list ofdocumentscame to be markedat Ex'A2and
11 documents cameto be marked at Ex.A3 to A13'
REASONS
I
OA No.536/2022
admitted the entire case pleaded by the Applicant Bank in the present oA.
ORDER
present OA stands allowed as prayed for with interest and costs.
In the event of failure of the Defendant to pay the said OA amount, the Applicant Bank is at liberty to sell the Schedule property in accordance with law as sought by the Applicant Bank in the OA.
In spite of sale of the Schedule property, if the OA amount is not fully realised, then the Applicant Bank is at liberty to proceed against the persons and other properties of the Defendant in accordance with law.
Applicant Bank shall file latest l,lemo of Calculation of OA amount together with interest, costs etc., to be paid by Defendant duly taking into account the amount/s, if any, paid by the Defendant andlor amount realized by sale of assets, etc., during the intervening period after flling the OA, to
!
OA No.536/2022
enable the offlce to prepare Recovery Certificate for the amount to be paid by the Defendant to the Applicant Bank.
Office is directed to issue Recovery Certificate as sought by the Applicant Bank in the OA and do the needful as required under the law forthwith.
The Office is directed to issue, as far as possible, free
copy of this order to the parties concerned.
(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the O6th day of NoveTber,2023)
V (htiaz'Ali) Presiding Officer DRT-I, Bengaluru
ANNEXURES
Witness Examined for the Applicant Bank: AW-1 : Sri Pramodh G The Manager of Applicant Bank List of Documents Exhibited for the Aoplicant Bank: Ex.A-l : Affidavit of AW-l Ex.A-2 : List of Documents Ex.A-3 to A-13 : 11 documents Witness Examined for the Defendants:
List of Documents Exhibited for the Defendants:
N
2 issues framed by the court
Whether the Applicant Bank's case regarding the recovery of dues is proved by its evidence.
Whether the present Office Application should be allowed.
1 provisions across 1 enactments
ICIcI Bank Limited
Imtiaz Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
