Allowed

Icici Bank Limited v. Ganesh Kumar

DRT31 Dec 2025OA/2710/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the Recovery Certificate application filed by ICICI Bank Ltd against C Ganesh Kumar regarding a defaulted personal loan of Rs. 21 lakhs. The evidence remained uncontroverted due to the defendant's ex parte appearance. The Tribunal fixed the interest rate at 10% simple.

What did the court decide?

Recovery Certificate issued for Rs. 24,94,655.48 with interest @ 10% p.a. (simple) from filing date until realization.

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

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 31^st Day of December, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.2710/2024

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BETWEEN:

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ICICI Bank Limited, And also having Bommanahalli Branch office at, ICICI Bank Ltd, 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. C Ganesh Kumar, S/o Chandran, Aged about 41 years, R/at #C/o R Chandran Glr Vintage, Flat No. G08, 12^th Cross, Neeladhri Nagar, Opposite to Burger King, Electronic City, Phase I, Bangalore- 560100.

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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 of Recovery Certificate against the defendant for Rs. 24,94,655.48/(Rupees Twenty Four Lakh Ninety Four Thousand Six Hundred Fifty Five and Paise Forty Eight Only) with further interest thereon from the date of

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OA 2710/2024

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filing the Application till realization.

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It is the case of the applicant that the defendant availed personal

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loan of Rs. 21,00,000/- (Rupees Twenty One 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,

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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

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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 11.07.2025.

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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-7 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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OA 2710/2024

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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

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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 availment of credit facilities as stated in the OA, and the defaults committed in the accounts. The liability of the defendant 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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11. 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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12. Taking into consideration the facts that the credit facilities are

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availed for Personal purpose and also that the OA claim is arrived at by

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OA 2710/2024

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calculating interest at the agreed rate, this Tribunal in view of the OA can

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be allowed with a reduced interest of 10.00% (simple).

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In the result, OA.No.2710/2024, stands allowed,

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

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24,94,655.48/- (Rupees Twenty Four Lakh Ninety Four Thousand Six Hundred Fifty Five and Paise Forty Eight Only) with further interest @10.00 % p.a.(simple) from the date of filing OA till the realization, from

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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 of this final order.

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

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OA 2710/2024

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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 31^st day of December, 2025].

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Sd/- (T. RAJESH)

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PRESIDING OFFICER ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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

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Exhibits on the part of the Applicant:

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Exhibit Nos.	List of documents
A1	Personal loan application form No. EP001194560 dated 30.03.2022
A2	Credit facility application No. EP001194560 dated 22.04.2022
A3	Key facts statement and most important information dated 22.04.2022
A4	Loan recall notice dated 09.08.2023 along with postal receipt
A5 & A6	Ledger account bearing No. LPBNG00045639448 and foreclosure statement in respect of loan account ledger dated 23.10.2024
A7	Certificate under section 2-A of the bankers books evidence Act, 1981.

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

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Sd/- (T. RAJESH)

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PRESIDING OFFICER

Icici Bank Limited v. Ganesh Kumar

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Ganesh Kumar

Case brief

What is this about?

What did the court decide?

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