Allowed

Icici Bank Ltd. v. Sh. Avtar Singh and Another

DRT30 May 2024OA/1041/2023

Case brief

AI extract

What is this about?

Original Application filed by ICICI Bank for recovery of Rs.28,67,967.00 along with interest. Defendants failed to appear. Tribunal allowed the application, directing recovery from mortgaged properties or personal assets, and fixed interest at 8% p.a.

What did the court decide?

Directing defendants to pay Rs.28,67,967.00 with simple interest at 8% p.a., recoverable from mortgaged properties or personal assets.

Icici Bank Ltd. versus Sh. Avtar Singh and Another — Banking and Recovery | DRT (2024)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO.1041/2023

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 16.08.2023

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DATE OF DECISION: 30.05.2024 ICICI Bank Ltd., having its registered office at land mark, Race Course Circle, Vadodara-390007 having its Branch Office at Patti, Tarn Taran, Punjab also at ICICI Bank Ltd., SCO No.143, a City Emporium Mall, Industrial Area, Phase-1, Chandigarh-160002 through its Authorized Representative Sh. Parveen Kumar ……..Applicant Versus 1. Sh. Avtar Singh S/o Sh. Niranjan Singh, R/o Village Maneke Jand, Patti, Tarn Taran, Punjab-143416 (Borrower) 2. Sh. Balkar Singh S/o Sh. Niranjan Singh, R/o Village Maneke Jand, Patti, Tarn Taran, Punjab-143416 (Co-Borrower) ….……Defendants Advocates: Argued by Sh. Amit Rishi, counsel for the applicant Defendants are ex-parte FINAL ORDER 1. 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 Rs.28,67,967.00 (Rupees Twenty Eight Lacs Sixty Seven Thousand Nine Hundred and Sixty Seven only). The Original Application has been filed through Sh. Parveen Kumar, Authorized Representative of 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. 2. The brief facts of the OA are that the defendants had approached the applicant bank for the grant of KCC Limit of Rs.25.00 Lacs vide Credit Facility Application Form dated 09.11.2016, which is Annexure A2 to this OA.

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The applicant Bank sanctioned the KCC Limit of Rs.23.50 Lacs vide Sanction Letter dated 13.12.2016, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendants. 4. Defendants had mortgaged thier immovable properties i.e. total land measuring 84K-00M situated at Village Maneke Jand, H.B. No.197, Tehsil Patti, District Tarn Taran, Punjab vide Declaration u/s 4(1) dated 15.12.2016 and letter to Naib Tehsildar for creation of charge bearing mutation no.541 dated 16.12.2016 with Mutation confirmation of Mortgage deed by advocate dated 27.12.2016, which is Annexure A5 to this OA. Documents executed: - Hypothecation deed dated 15.12.2016, which is Annexure A4 to this OA; Demand Notices dated 03.06.2023 with postal receipts, which is Annexure A6 to this OA and Statement of account along with Certificate under Bankers Book of Evidence, which is Annexure A7 to this OA. 5. 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.28,67,967.00, which is recoverable and the defendants were served recall notice but they did not repay the outstanding amount, therefore, the applicant bank requested to accept the application and to issue Recovery Certificate accordingly. 6. 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 03.04.2024. 7. In support of the OA, affidavit of Sh. Parveen Kumar, Authorized Representative, ICICI Bank Ltd. has been filed. 8. Heard ex-parte arguments and perused record. 9. It was argued by learned 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 A7 to this OA, it is proved that the defendants approached applicant bank for availing of the loan facility which were granted to them and for

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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.28,67,967.00 (Rupees Twenty Eight Lacs Sixty Seven Thousand Nine Hundred and Sixty Seven 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. 10. In so far as pendent elite and future rate of interest is concerned, the applicant bank has claimed interest @11.75%p.a. with half yearly rests 30.04.2023 till the realization.

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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 just and appropriate to grant uniform simple interest @8.00%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. 11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.28,67,967.00 (Rupees Twenty Eight Lacs Sixty Seven Thousand Nine Hundred and Sixty Seven only) jointly and severally, with costs, current and future simple interest @8.00%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/mortgaged properties 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

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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.

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Parties to appear before Learned Recovery Officer of this Tribunal on 14.06.2024.

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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. Pronounced by me in the open Tribunal.

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Dated: 30.05.2024

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

Icici Bank Ltd. v. Sh. Avtar Singh and Another

Case brief

What is this about?

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Icici Bank Ltd. v. Sh. Avtar Singh and Another

Case brief

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