Allowed

Icici Bank Limited v. Rajashekhar

DRT12 Nov 2025OA/163/2025

Case brief

AI extract

What is this about?

In an ex parte proceeding under the RDB Act, the Tribunal allowed the bank's application for a Recovery Certificate. Noting the defendant's default and undisputed evidence, the order granted recovery of the principal amount plus interest at a reduced rate of 8% simple interest per annum.

What did the court decide?

Issuance of Recovery Certificate for Rs. 43,20,849.58 plus further interest at 8% p.a. (simple) from the filing date, recoverable from the defendant personally and against his assets.

Icici Bank Limited versus Rajashekhar — 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 12^th Day of November, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.163/2025

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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. Rajshekar Shivayya Mathapathi, Proprietor, Shivayya S Fuel Station, Sadhunavar Estates, No. 62, Plot No. 181, Opp to Agricultural University, Dharwad- 580005.

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...DEFENDANT

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Counsel on record/appeared for:

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Applicant : M/s. Vidhii Partners Defendant : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuanc - of Recovery Certificate against the defendant for Rs. 43,20,849.58/ (Rupees Forty Three lakh Twenty Thousand Eight Hundred Forty Nine and Paise fifty Eight Only) with further interest thereon from the date of filing the Application till realization.

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OA 163/2025

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 12^th Day of November, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.163/2025

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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. Rajshekar Shivayya Mathapathi, Proprietor, Shivayya S Fuel Station, Sadhunavar Estates, No. 62, Plot No. 181, Opp to Agricultural University, Dharwad- 580005.

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...DEFENDANT

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Counsel on record/appeared for:

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Applicant : M/s. Vidhii Partners Defendant : Exparte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance

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of Recovery Certificate against the defendant for Rs. 43,20,849.58/(Rupees Forty Three lakh Twenty Thousand Eight Hundred Forty Nine and Paise fifty Eight Only) with further interest thereon from the date of filing

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the Application till realization.

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OA 163/2025

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It is the case of the applicant that the defendant availed overdraft facility to the tune of Rs. 75,00,000/- (Rupees Seventy Five Lakh Only).

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It is also the case of the applicant that, in view of the above availed loans, the defendant executed necessary loan documents.

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It is further contended that, despite availing the credit facilities, agreeing to service the loan account promptly and regularly, the defendant 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 balance amount due in the account.

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Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set exparte on 03.07.2025.

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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-1 to A-6 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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OA 163/2025

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i) Whether the applicant had succeeded in proving the OA claim

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as against the defendant?

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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 defendant 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

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availment of credit facilities as stated in the OA, and the defaults committed in the accounts. The liability of the defendants and the claim of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.

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

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find both these issues in favour of applicant and hence, this Tribunal 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 Business purpose and also that the OA claim is arrived at by

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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.163/2025, stands allowed,

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OA 163/2025

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

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43,20,849.58/- (Rupees Forty Three lakh Twenty Thousand Eight Hundred Forty Nine and Paise fifty Eight Only) with further interest @ 8.00 % p.a.(simple) from the date of filing OA till the realization, from the defendant 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 the defendant personally and also proceeding against his assets.

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ii) The applicant bank is allowed cost of the proceedings which

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

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iii) The Recovery Certificate to be drawn in terms of this order and transferred to Recovery for execution.

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iv) Interim application pending, if any, stands disposed of in terms

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of this final order.

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Communicate a copy of the order to the parties concerned in terms

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

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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 12^th Day of November, 2025].

Sd/- (T. RAJESH)

OA 163/2025

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Harish E, Manager, of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Date	List of documents
A1	23.11.2022	Mandate letter of overdraft facility
A2	23.11.2022	Credit arrangement letter
A3	25.11.2022	Document trail certificate
A4	15.04.2024	Loan recall notice along with postal receipt
A5	16.11.2024	Ledger extract
A6	30.12.2024	Certificate under section 2-A of the bankers books evidence Act, 1891

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Witness Examined for the Defendant: List of Documents Exhibited for the Defendant:

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-Nil -

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-Nil -

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Sd/- (T. RAJESH) PRESIDING OFFICER

Icici Bank Limited v. Rajashekhar

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Rajashekhar

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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Case details

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