Allowed

Icici Bank Limited v. Rup Mani

DRT30 Oct 2023TA/208/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application filed by ICICI Bank for recovery of dues of Rs. 10.52 lakhs against Rup Mani Pandey. The Tribunal proved the case on documentary evidence without defendant's appearance and directed recovery via sale of assets upon failure to deposit within 30 days.

What did the court decide?

Defendant directed to pay Rs. 10,52,3L1.70 with interest and costs within 30 days; Recovery Certificate to be issued for enforcement against assets on default.

Icici Bank Limited versus Rup Mani — Banking and Recovery | DRT (2023)

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Before SUSHIL KUMAR RASTOGI,^{Presiding Officer} Debts Recovery Tribunal-Il,^Delhi

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TA NO. 208^()F 2023

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ICICI BANK LIMITED VS.^{RUP MANI PANDEY}

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Reserued on : 16'1O.2023 Pronounced on : 30.10.2023

ICIG Bank Ltd.

-^{Applicant bank}

Vs.

Rup Mani Pandey

Defendant

Present Shri Amit Jain, Counsel^aPPearsfor applicant bank.

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None for defendant.

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FINAL ORDER

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This original application^{has been filed by the} applicant bank, on^{18.03.2019through shri Nitesh} Vashisht, Authorised^{Representative of the applicant} bank, under section^{19 of the Recovery of Debts Due} to Banks and^{Financial Institution Act, 1993 against} the sole defendant^{for recovery of a sum of} Rs.10,52,3LL.70^{together with cost, charges and} pendentellite and future^interest @^{24o/o p.a. from} date of filing^{of this o.A. till the realization in full.}

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The brief^{facts of the case are that at the} request of the^{sole defendant,the applicant bank} sanctioned, on^{23.04.2007,a persona!loan facility of} Rs.4,08,000/-. In^{order to avail the said loan facility} \ I

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has executedexecuted

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TA NO.208/2023 the defendant

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defendant has executedexecuted loaning documents dated 23.04.2007 in favour of the applicant bank.

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It is further submitted that the sole defendant enjoyed and utilized the Loan facility, but failed to maintain the financial discipline and failed to repay the due amount. The applicant bank requested the defendant to regularize the toan account by visits and letters, but there was no response from the defendant and defendant failed to regularlze the loan account. Therefore, the applicant bank serued a loan recail notice dated 19.11.2018 to the defendant, demanding the amount due as on that date, but failed to recover the same. Thus, the present O.A. is preferred by the applicant bank to recover its dues.

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On notice by this Tribunal, defendant falled to put appearance at all, despite publication and accordingly defendant was proceeded against exparte on 2L.04.2023.

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The documentary evidence produced by applicant bank have gone unchallenged and unrebutted. Hence, the case of the applicant bank stands fully established against the sore defendant with respect to non payment of EMI/ outstanding amount.

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The witness of the applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is --)---\ qA:

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TA Ng.2o8/2023

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based on the documents and the witness has dury proved all the documents.

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After perusing the records, this Tribunat is of the view that the appricant bank has proved its case beyond reasonabre doubts. The documents and evidence lead by the applicant bank not rebutted by the defendant by not placing any evidence and there !s no question of disbelieving the evidence lead by the applicant bank based upon the written/printed documents.

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In the light of the above discussions, the original Application deserues to be attowed.

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ORDER

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I hereby allow this o.A. of the Applicant Bank and direct the sole defendant to pay to the applicant bank within 30 days from today, a sum of Rs.10,52,3L1.70 along with cost, expenses and interest @ LLo/o simple from the date of filing of this O.A. till the date of reatization.

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In case of failure to deposit the above amount within the stipulated period, the same shall be recovered from the sale of the personal movable and immovable assets of the sote defen4ant.

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-t-=/ eA.

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TA NO.20812023⁴

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Recovery certificate^{be issuedforthwithand be} sent to Recovery officer,^{Debts Recovery Tribunal-Il,} Delhi.

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The registry^{of this Tribunalis hereby directed to} issue free copy of the^{order and send the same to} both the^pafties.

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Parties are^{direct to appear before the Ld'} Recovery Officer,^{DRT-II, Delhi on 09.01.2024'} Pending IAs, if^{any, stand disposed of.}

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File be consigned to^records.

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Date : 30.10.2023

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:l
*
?" <br>(susHIL KUMAR RASTOGI)
PRESIDING OFFICER
DRT-II, Delhi

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This^{judgementhas been signed, dated and} pronounced in open couft.

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Date : 30.t0.2023

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*,.-# C AA nzb ,^-\ry (SUSHIL KUMAR RASTOGI) PRESIDING OFFICER DRT.II, DCIhi

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Icici Bank Limited v. Rup Mani

Case brief

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Icici Bank Limited v. Rup Mani

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