Allowed

Icici Bank Limited v. Girish G Mirajkar

DRT29 Aug 2025OA/1498/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the applicant's recovery application filed under RDB Act s.19. Uncontested evidence proved loan availment, security creation, and default. A recovery certificate for Rs. 42.09 lakh plus reduced interest at 8% p.a. was directed against the defendants.

What did the court decide?

Recovery certificate issued for Rs. 42,09,601/- plus interest at 8% p.a. (simple) from date of application, recoverable jointly, severally and personally from defendants or via schedule property.

Icici Bank Limited versus Girish G Mirajkar — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 29^th Day of August, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.1498/2023

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BETWEEN:

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ICICI Bank Limited, 4/10, Mythree Tower, Bommanahalli, Hosur Main Road, Bengaluru-68, Represented through its Constituted Attorney, Sri. Pramodh G, Son of B. Gurumallappa.

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…APPLICANT

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AND:

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Mr. Girish G Mirajkar, Son of Gundurao Mirajkar, Major R/at- #232, 2^nd Cross, Krishna Theatre, Devasandra Main, KR Puram, Bangalore- 560036.

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Mrs. Seema Doddamani, Wife of Girish G Mirajkar, Major, R/at- #232, 2^nd Cross, Krishna Theatre, Devasandra Main, KR Puram, Bangalore- 560036. ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : M/s. Vidhii Partners Defendants : Exparte

OA 1498/2023

FINAL ORDER

The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate against the defendants for Rs. 42,09,601/- (Rupees Forty Two Lakh Nine Thousand Six Hundred and One Only) with further interest thereon from the date of filing the Application till realization.

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It is the case of the applicant that, the defendants availed a loan Home loan of Rs. 44,75,000/- (Rupees Forty Four lakh Seventy Nine Thousand Only) for purchase of residential flat.

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It is also the case of the applicant that, in view of the above availed loans, the defendants executed the necessary loan documents along with memorandum of deposit of title deeds.

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It is further contended that, despite availing the credit facilities,

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agreeing to service the loan amount promptly and regularly, the defendants failed in complying the same, resulting in default in repayment and consequentially turning the loan accounts as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

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Despite, service of summons on the defendants, they failed to

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OA 1498/2023

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appear, resulting the defendants being set exparte on 29.08.2024.

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The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A-3 to A-11 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and proof affidavit.

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The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the OA claim as against the defendants?

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application remains unrebutted as defendants remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facilities as stated in the OA, creation of the security interest and the defaults committed in the accounts. The liability of the defendants and the claim of the amount

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due are also proved by the above documents. The claim of the

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OA 1498/2023

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applicant is well within the limitation.

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Hence in view of the finding arrived herein above, the Tribunal

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find both these issues in favour of applicant and hence, this Tribunal

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is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facilities are

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availed for Housing purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal in view of the OA can be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.1498/2023, stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of

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Rs. 42,09,601/- (Rupees Forty Two Lakh Nine Thousand Six Hundred

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and One Only) with further interest @8.00 % p.a.(simple) from the

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date of filing OA till the realization, from the defendants jointly, severally & personally, after giving credit to all the amount recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against schedule property. Properties

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schedule to the OA be the schedule to the recovery certificate.

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ii) If the sale proceeds are not found sufficient to cover the

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amount due and payable to the applicant bank, the defendants

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jointly, severally & personally and their assets are liable for respective

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OA 1498/2023

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amounts due under the respective loan accounts.

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iii) The applicant bank is allowed cost of the proceedings

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which applicant to file cost memo within 7 days from the date of receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this order

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and transferred to Recovery for execution.

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v) Interim application pending, if any, stands disposed of in

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terms of this final order.

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Communicate a copy of the order to the parties concerned in

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terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT

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(Procedure) Rules, 1993.

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[Dictated to the Stenographer (AJ), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 29^th Day of August, 2025].

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Sd/- (T. RAJESH)

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PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Pramodh G Son of B Gurumallappa, Collection Manager, of Applicant Bank.

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OA 1498/2023

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Exhibits on the part of the Applicant:

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Exhibit	Particulars of Documents
Nos.
A1	Affidavit of evidence
A2	List of documents
A3	Loan application dated 10.10.2017
A4	Loan application dated 27.10.2017
A5	Sanction order dated 25.10.2017
A6	Facility agreement dated 28.10.2017
A7	Most important information and key fact sheet dated 238.10.2017
A8	Memorandum of deposit of title deeds dated 28.10.2017
A9	Ledger extract for loan account bearing No. LBBNG00004003715 dated 21.04.2023
A10	Prepayment ledger dated 21.04.2023 showing the claim amount
A11	Certificate under banker book of evidence Act dated 04.08.2023

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Witness Examined for the Defendants:

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-Nil -

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List of Documents Exhibited for the Defendants:

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-Nil -

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Sd/- (T. RAJESH) PRESIDING OFFICER

Icici Bank Limited v. Girish G Mirajkar

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Girish G Mirajkar

Case brief

What is this about?

What did the court decide?

What the court decided

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