Allowed

Icici Bank Limited v. Priti

DRT29 Jan 2025OA/257/2024

Case brief

AI extract

What is this about?

In OA 257 of 2024, the Patna DRT allowed ICICI Bank's application under Section 19 of the RDB Act to recover Rs. 20.02 lakhs from Priti Kumari. The defendant failed to appear; the chain was proved via affidavit and ledger entries deemed prima facie correct, and the Tribunal issued a recovery certificate.

What did the court decide?

Ordered defendant to pay Rs. 20,02,529 with interest @ 10% p.a. from 06.05.2024; issued Recovery Certificate for enforcement via sale of assets.

Icici Bank Limited versus Priti — Banking and Recovery | DRT (2025)

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OA 257 ofl0241,1I

DRT,PATNA

Debts Recovery Tribunal, Patna Karpuri Thakur Sadan, Aashiana DighaRoad Patna-800025

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Presiding Officer : Shri Kaushalendra Yadav

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OA Case No. 257 of 2024

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ICICI Bank Limited, Zonal Office at 2 nd Floor, Gulabi Place, above Roop Alankar Jewellers, East Boring Canal Road, Patna

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....... Applicant

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Vs.

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Priti Kumari (Borrower), Wlo Sushil Kumar, Bhaishi Kala Inaihia Rohtas. ~- Near Govt. High School, Belwan - 802217

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Also at: P.M.C.H., Near Emergency Ward, Patna 800004, PAN No.HY APK6492R

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....... Defendant

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Present:

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For the Applicant Shri Prabhakar Nath Rai, Advocate For the Defendant None

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Dated:29.01.2025

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JUDGMENT

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The Applicant bank has made this application U/S 19 of the Recovery of Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on 06.05.2024 against the defendant to recover its debts from defendant of Rs.20,02,529/- as on 25,04.2024 along with pendente-lite and future interest at the contractual rate from 26.04.2024 with costs till realization.

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The application has been filed with the contention that the applicant bank, is a body corporate, carries on the business and is competent to tile the suit through various branches including the applicant.

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Defendant has taken loan for her personal use and she is working with PMCH, Patna. Defendant approached the applicant bank for sanction of loan of Rs.22 Lakh vide loan application dated 30.07.2022, which was sanctioned by the applicant bank on 30.07.2022 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendant. To secure the loan facility the defendant has executed various loan and security documents.

OA 257 of20241JI

DRT,PATNA

After availing the sanctioned credit facility, the defendant became irregular in repayment of their dues as per agreed terms and failed to adhere to the financial norms of the bank and avoiding the repayment of its dues to the bank, in spite of several assurances given by it to the applicant bank resulting in the account turning as NPA on 03.01.2024.

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Since, the defendant failed and neglected in spite of several reminders to make payment of the dues recoverable to the bank, hence this application has been filed by the bank.

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The total liability in the loan account is Rs.20,02,529/- as on 25.04.2024 with pendente-lite and future interest contractual rate from 26.04.2024 till the realization.

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This Tribunal issued summon/notice copies of application & paper book to the defendant by registered/speed post on 24.06.2024, requiring her to showcause within 30 days of the service U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules, 1993.

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Despite the service of registered summon/notice, the defendant has not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendant to defend her case, but she failed to appear and to tile WS, hence, the Tribunal has passed an order to proceed ex-parte against the defendant on 29.08.2024.

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To prove its case, the applicant Bank has referred various certified photocopies of documents before this Tribunal. The applicant bank has also given evidence on affidavit by way of affidavit by Shri Amit Verma, Relationship Manager-Legal of the applicant bank. The details of documents are as follows:

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SLNo	Description of Documents Photocopies	Date of Execution	Amount (In Lakh)	Signature Executants	of	Ex.! Ann. No.
1	PowerofAttorney	15.03.2018	--	Bank		1
2	Loan application along with key fact statementand credit	30.07.2022	22.00	Defendant		2

DRT,PATNA

OA 257 of 20241JI

	facility form	application
3	Aadhar PANcar	card and d	--	--	Defendant	, .'
4	Demand notice	recall	10.01.2024	--	Bank	4
5	Loanrec	allnotice	22.03.2024	--	Bank	5
6	Stateme	ntofaccount	--	--	--	6

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Heard arguments and perused the case record.

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Ld. Counsel of applicant bank submitted that the defendant has taken the loan and utilized the same and also executed the loan document to secure the loan. Further, submitted that the claim of the bank has been proved by documentary evidence. All the transactions were entered in the ledger of the loan accounts in the name of the defendant duly maintained by the applicant bank in its usual course of business: The interest /compound interest has been charged at such rates, and capitalized at such periodical rests as are permitted by and do not run counter to the directives of Reserve Bank of India.

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It is further submitted by ld, Counsel of applicant bank that there is no stay granted by any Higher Court, in respect of the proceedings of the present OA and requested to issue recovery certificate, as claimed for, in OA.

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II. It has been established that defendant is living and carrying on her business in the state of Bihar. Cause of action also arose in the State of Bihar. The said claim on the date of filing of application exceeded Rs.20 lacs. The applicant bank is functioning within the jurisdiction of this Tribunal. Therefore. this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application,

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On the issue of Limitation, to prove it. the applicant bank has submitted that the applicant bank has declared the account as NPA on 03.01.2024. whereas the present application has been filed on 06,05.2024. Even. it is counted for the purpose of Limitation, then it is established that the applicant bank has filed the case within the limitation period. As such. it is established that the present application has been filed well within the period of limitation.

OA 257 of20241JI

DRT,PATNA

Shri Amit Verma, Relationship Manager-Legal of the applicant bank has filed the affidavit in support of contents of application and the documents as evidence and proved on oath the pleadings and documents of the applicant bank as stated above.

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Section 19(3) of the Recovery of Debts and Bankruptcy Act. 1993 provides that the application uls S.19 (I) shall be accompanied with true copies of all the documents relied on in support of the claim.

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The rule 12 (10) of the Debt Recovery Tribunal (Procedure) Rules, 1993,providesthat if the defendantdenieshis liabilityto pay the claim made by the applicant, the tribunal may act upon the affidavitof the applicantwho is acquaintedwith the facts of the case or who has on verificationof the record sworn the affidavit in respect of the contents of the applicationand the documentsas evidence.

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The rule 12 (II) of the aforesaid Rules, provides that the provisionscontainedin section4 of the Banker's Booksevidence that Act, 1891(18 of 1891)shall applyto a certifiedcopy of an entry in a Banker's Books furnishedalong with applicationtiled undersubsectionI of section19bythe applicant. Section 4 of Banker's Books evidence Act, 1891 runs as under- SA. Mode of proof of entriesin bankers' books,-Subjeci 10 the provisions ofthis Act, a certified copy of'any entry in a hanker's hook shall in all legalproceedings be received asprima fade evidence ofthe existence of such entry, and shall he admitted as evidence of the matters. transactionsand accounts therein recorded in every case where. and to the same extent as, the original entry itself is now by law admissible, but notfurther or otherwise.

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As such the certified true copies of the documents are admissible in evidence. The statement of account maintained in the ordinary course of business is not only admissible but shall be taken as the correct statement of account, more so since the entries in the statement of account have not been challenged.

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On perusal of the application, document, affidavit and on consideration of the arguments, it is proved that the defendant has applied for loan and the bank had sanctioned the loan and to secure the loan and for repayment of loan amount with interests etc" the defendant has executed various loan document, as stated in the application and proved by aforesaid evidence. Defendant has neither denied the utilization of funds advanced by applicant bank nor has pointed ~ut any specific error and discrepancy in the Statement of Account.

~\l

OA 257 of 20241J I

DRT,PATNA

The evidence discussed above goes to establish that the amount of loan as mentioned in the O.A., was availed by the borrower under the agreed terms and conditions for repayment with interest. The balance amount till 25.04.2024 has been proved to be Rs.20,02,529/- only by way of statement of account. There is nothing to prove the amount more than that disclosed in the aforementioned statement. As such this amount is recoverable till full and final realization of the claim.

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In my view, facts of the case stand proved by evidence of the applicant bank. Accordingly, the applicant bank is entitled to recover from defendant of Rs.20,02,529/- along with pendente-lite and future interest (aj 10% p.a. with compounded monthly rests from 06.05.2024 (The date offiling of this OA) till realization. So the final order may be passed accordingly, to meet the ends of justice.

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ORDER

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In the result, the application of the applicant bank is allowed and debt is determined with costs against the defendant. The defendant is hereby. ordered to pay the applicant bank its debt amounting to Rs.20,02,529/- along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 06.05.2024 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

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It is made clear that any amount deposited by the defendant, be deducted in the claim amount, if not deducted.

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Defendant is debarred from transferring, alienating encumbering or otherwise dealing with or disposing of the mortgaged or hypothecated or any other properties and assets without paying the aforesaid adjudicated dues to the applicant bank to secure the ends of justice. The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceedings in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993.The applicant may submitthe certitied copy of this Judgment and the Recovery Certiticate before the RegistrarlSub- Registrar to endorse the charge over the secured assets.

~,\

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DRT.PATNA

OA 257 of 20241JI

Let a certificate of recovery be drawn up forthwith and put up for signatures in terms of provisions contained in Section 19(22) of the Act to be issued. on the basis of the order of the Tribunal to the Recovery Officer. The Recovery Officer shall realize the amount as per the certificate in the manner and mode prescribed under the Act from the defendant, by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendant.

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Parties are directed to appear before the Recovery Officer, DRT. Patna on 10.03.2025. The order be communicated accordingly.

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Judgment signed. sealed, dated and pronounced in the open court on 29 1h day of January, 2025.

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Dictated &corrected by me.

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[KaushalendraYadav1 Presiding Officer Debts Recovery Tribunal. Patna

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FORM NO. 9 [See Regulation 24( l)j

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DEBTS RECOVERY TRIBUNAL PATNA

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2nd Floor, (A. B & F Wiog) Karpuri Thakur Sadae, Kendriya Karamchari Parisar (GPOA), Asbiana Digha Road, Patna800025.

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RECOVERY CERTIFICATE UNDER SECTION 19(7) READ WITH SECTION 191ID OF THE RECOVERY OF DEBTS & BANKRIIPTCYACT,~, AS AMENDED FROM TIME TO TIME.

RC No, 2612025

Case No: OAl25712024

In the Matter of:

(CH- I) ICICI BANK LIMITED ZONAL OFFICE AT 2ND FLOOR, GIILABl PLACE, ABOVE ROOP ALANKAR JEWELLERS, EAST BORING CANAL ROAD, PATNA ,BIHAR-O

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Applicaot(s)

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------ Versus -------

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To,

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(CD- I) PRITI KUMAR! Sushi! kumar Bhaishi Kala, Inaihia Rohtas, Near Gov. High School, Belwan Defeodaot(s) Rohtas ,BIHAR Also At.

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P.M.C.U. NEAR EMERGENCY WARD, PATNA 800004.

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!!wn'.YY. Certificate for Rs 2002529,QO {.Rupees 1\yentY.f.akhs Two Thousand Fiye Hupdred TwentY.Nine Only]

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In terms of final order dated 2910112025passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs. 2002529.00 along with cost, expenses and interest from the 0610512024i.e. date of filing 1 with effective date of the OAl25712024 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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from Sr.no ~~	the Ce . ;1 CD,iI '~amej	rtific L"aD Type	ate Debtors, Int. ^Type/Mode	herei , Int. Rate	nafter refer Effective Date	red to as: Order Date	- l . Amount(Rs.	. Liability! ) Type	.. II Interest (as 00 . Order II Date)	, . RC AmouDt(Rs.)	!Remark!
I	11 PRITI1		Compound [lnterest Monthly)	~ 10	'""' 06/05/2024 '	29/01/2025	002529.00	Fully -..	~;ntereSt As on II?rder Date	2002529.00	,

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In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the mortgaged/hypothecated assets as well as other personal movable! Immovable assets of the certificate debtors.

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The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceeding in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993. Parties are directed to appear before MANOJ KUMAR, Recovery Officer, DEBTS RECOVERY TRIBIINAL PATNA on 10/0312025.

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtors.

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This Certificate has been issued under my signature and seal of the Tribunal on this 3010112025

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C}· Registrar Debts Recovery Tribunal Patna

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.~_ DEBTS RECOVERY TRIBIINAL PATNA

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FORM NO. 10 [See Regulation 24(2)]

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DEBTSRECOVERYTRIBUNALPATNA

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2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

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RC No. 26/2025

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¶98

Case No: OA/257/2024

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Applicant(s): ICICI BANK LIMITED

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Versus

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Defendant(s): PRITI

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Sr. No.	50fCosts . ""'M''' __	Amount in Rs.
1. ,..,-- .. ".MM.	Fee on the applicati()~.. ---..	:123000 I
2.	.. Process Fees(Inc. Publication) ,,,,_,	10
3.	JAdvocale Fees	JO
4. .......	.....J~()missioner;R(;ei_ver/"'al\l<l!i()~S.~c\lrity ~_ee	riO I
!L	l[!v1iscellaneousCharges . ..----- ..	110 I
._.	[Iotal Costs: Rs.	il23000 I

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Place: PATNA

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Date: 30101/2025

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PRESIDIN DEBTS RECOVERY TRIBUNAL PATNA

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Note: Strike out whichever is not applicable

Icici Bank Limited v. Priti

Case brief

What is this about?

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Icici Bank Limited v. Priti

Case brief

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