Allowed

Icici Bank Limited v. Imran Siddique and Ors.

DRT20 Jun 2024OA/53/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal, Kolkata allowed an ex-parte application filed by ICICI Bank Ltd. against four defendants for the recovery of a debt of approximately Rs. 1.36 crore along with interest and costs, as the defendants failed to appear.

What did the court decide?

The ex-parte application is allowed. Defendants are jointly and severally liable to pay Rs. 1,35,63,524.53 with future interest. Defendants are debarred from disposing of properties. A Recovery Certif

Icici Bank Limited versus Imran Siddique and Ors. — Banking and Recovery | DRT (2024)

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BEFORE THE DEBTS RECOVERY TRTBUNAL.III KOLKATA PRESENT: -sRI KAMAL oE.

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PRESIDING OFFICER.

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o,A. No. 53 ()F 2022.

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DATE OF DELMRY OF ORDER | 20/06/2024

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ICICI Bank Ltd. is a company incorporated under the provisrons of the Companres Act, 1956 and a bankang company wrthrn the meaning of the Banking Regutatrons Act, 1949 having jts registered office at ICICI Sank Tower, Near Chaitr Crrcte, Otd Padra Road, Vadodara, 39OOO7, Gujarat and also having its Branch at Bandra Kurta Complex, Iqumbar-400051 and branch office rn Kolkata at 34, Gurusaday Road, 3, Floor, P.S.- Karaya, Kolkata-700019, within the JUflsdiction of this Ld. Trib;nat.

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Applrcant Bank.

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Imran S,ddique (pAN No.- FOEPS9736E), resrdrng at Bankra I No panchayat, Bankra New l.4ondal Para, Dormjur, Bhankra, Dtstrict- Howrah, prn 7tt4o3

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Chandni^gddaque, resading at Bankra 1 No panchayat, Bankra New l{onc,at para, Dormjur, Bhankra, Djstrict- Howrah. pin-711403.

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Abdul Kalam siddique, residing at Bankra 1 No panchayat, Bankra New ryondar para, 3:]1lr]l^tju lu.u, .orstnct-^{Howrah, pin_711403. u"r,rii.v'cr,r"J"i} i'au"'iioo., 5araswati Bfidge, Howrah.7l l jO2. ^uu,

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Abid Hossain Siddiki, residing at Bankra 1No panchayat, Bankra New Mondat para, Dormrur, Bhankra, District- Howrah,-prn-ZtteO: a;;o*inn tr'Sl,"'';, ,"n,u, Chadnr, Bagan Floor, Near Saraswatt Bndge, Howrah-711302.

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Defendants

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Counsel for the Applicant Banki -

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Mr. Avishek Guha, Advocate,

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Set ex-parte on 13/05/2024

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JUDGETIENI

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The Appticant Bank fited the present O.A. being No. O.A./53/2O22 oo t3/O1/2O22 tot recovery of a totat sum of Rs. 1,35,63,524.53/- (Rupees one crore thirty five takh srxty three thousand five hundred twenty four and paisa fifty three only) from the Defendants towards^preliminary Credit Facility together with interest, cost and other usuat reliefs.

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The Defendants are served with summons. The defendants did not appear, a5 there was no representation from the defendants, the case was fixed for ex_parte hearing on 1,3/0612024. and heard e)(-parte accordingly.

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The Applicant Bank examined 7 documents through Sri Shamim Aslam, Debt Manager marked as Exhibit Annexure-A to Exhibit Annexure G.

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\ -

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Heard the Ld. Counsel for the Applicant Bank.

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The pornt that arises for considerauon rs :

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whether the Applicant Bank is entifled to the craim made in the oA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendant remained absent and did not turn up to controvert the version of the o.A. of Applicant Bank. The Evidence Affidavit coupred with the recitars in the documents viz., Exhibits Annexure-A to Annexure-G marked on behalf of the Applicant Bank. estabrished the craim of the Appricant Bank against the Defendants and oA schedure propertaes. Hence, I hold that the Defendants are joinuy and severaly liabte to pay to the Applicant Bank the claims made in the OA with future interest and costs.

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In the resurt, the present originar Apprication is a[owed ex-parte with costs, as under:_

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ORDER

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(1) O.A. No. 53 of 2022 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entiued to recover from the defendants the totat amount to the tune of Rs. 1,35,63,524.53/_ (Rupees one crore thirty five lakh sixty three thousand fave hundred twenty four and paasa fifty three onty) with pendentelite and future interest @ 9.51 o/o per annum lnteaest $/ith simple on the amount due from the date of faling of the Original Application i.e. t3/O112O22 ti Frr and finat realization of the claafit amount.

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(2) Amount, if any, paid by the defendants in the roan accounG or amount, if any. recovered by the Applicant Eank after filinq of the O.A. the same be taken into account while arriving at the exact amount of dues/debt payabte by the defendants. Accordingly, pendentet(e and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, aliehating or deatang with any of the properties belonging to them tall the aforesaid decretal debt is recovered from the defendants.

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(4) Defendants are given a time of thirty days from the date of the Judgement/Finat Order for repaying of the above mentioned dues. so intimated to them. In case the defendants fail to pay the dues within the above mentioned time, the apptjcant bank is entifled to recover its dues by sale of secured assets, if any. Applicant bank is also entitled to proceed against personar properties of the defendants (Both movable and immovable) and arso proceed against the defendants personally to recover the dues in accordance with taw.

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(5)Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of .ludgement for issuance of the same against defendants in favour of the applicant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the sdme for issuance oI the Certifrcate.

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(6) Ld. Recovery Officer sha realaze the amount as per the Recovery Certificate from the defendants in accordance with law.

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(7) Ld Registrar of this Tribunar is directed to deriver recovery certiFicate rn term or the frnal orderludgement for recovery of the sum against the defendant jn favour of the Applicant Bank under sectron 19 (22) of the Recovery of Debts due to the Eank and Frnancrar Instltutrons Act, 1993 now known as Recovery of Debts and gankruptcy Act, 199j.

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(8)The parties are directed to appear before the Recovery Officet on 22/0712024 for further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingry, the originar Apprrcation berng o_A. No. 53 0f 2022 is alowed and stands disposed of.

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Copy of rhe Judgement/Final Order be uploaded in the Tribunat,s website. File is consigned to the Record Room.

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( Dr, taled to stFno, tralscflbed by her. ( orrected, s,gned a.ld p'onounced by 'ne rn the open (ourl on rhts the 20. day of lune,2024)

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( KANIAL DE ) PRESIDING OFFICER,

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Debts Recovery Trabunal-3, Kolkata Order Sheet (Continuation )

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case No. oA No.53 of 2022 ICICI Bank Ltd. vs. Imran Siddique & Ors.
Date of Order Order with signature
Order No.06 Order pronounced (vide separate sheets).
ot.20/06t2024
In the result, O.A. No. 53 of 2022 is allowed with costs. Issue
Recovery Certificate accordingly.
( Kamal De )
Presidinq Offrcer
DRT-3, Kolkata
L

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)

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case No. O.a./ 53/ 2022
ICICI Bank Ltd. Vs. Imran Siddique & Ors.
Order with signature
l
Order No.05 Present:
DlJ3106/ 2024
For Applicant :
Ld. Advocate [4r. Avjshek Guha
For Defendants : None
The Registry has issued notice to the Defendant an terms of
order passed by this Tribunal. Defendant has not turned up
despjte the fact that the notices have been served upon the
Defendant. Applicant prayed for hearing of the case ex-parte.
The matter is pending since 2022. Hence right available to sole
Defendant for filing of W.S. and counter evidence is to be
closed. It is closed. The OA proceeds for ex-parte. Heard the Ld
Counsel for the Applicant. Reserved for order.
Applicant may file written notes of arguments.
To 20/06/2024 fot otder.
( Kamal De )
Presrding Officer
DRT 3, Kotkata

Icici Bank Limited v. Imran Siddique and Ors.

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Imran Siddique and Ors.

Case brief

What is this about?

What did the court decide?

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