Allowed

Icici Bank Limited v. Abdulhafij Abdulsattar Makrani

DRT8 Sept 2025OA/474/2024

Case brief

AI extract

What is this about?

ICICI Bank sought recovery of Rs. 69,67,809.73 with interest from borrowers who defaulted on overdraft and overdraft renewal facilities secured by mortgage. The Tribunal allowed the application ex-parte, granting principal, reduced future interest at 9%, and declared mortgage properties as security.

What did the court decide?

Order allowed; respondents to pay Rs. 69,67,809.73 plus future interest at 9% simple from filing date; claim secured by mortgaged properties; recovery certificate issued.

Icici Bank Limited versus Abdulhafij Abdulsattar Makrani — Banking and Recovery | DRT (2025)

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Presented on: 18.01.2024 Registered on: 18.06.2024 Decided on: 08.09.2025 Duration: Y M D 01 08 20

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 474/2024

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TOTAL CLAIM AMOUNT – Rs. 69,67,809.73/-

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ICICI Bank Ltd.

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A Public Company incorporated under the Indian Companies Act, 1956 and having its Registered Office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara-Gujarat-390007, and its Corporate Office at ICICI Bank Towers, Bandra Kurla Complex, Mumbai 40051, having its Branch Office amongst the other places at Nandurbar & its Collection office at Adalat Road, Aurangabad through its POA, Mr. Shantanu Shailesh Naik

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(Deputy Manager), Age: 29 yrs., Occ.: Service, R/o.:

(OA No.474/2024)

Page 1 of 10

[AMBADAS]

… Applicant

Adalat Road, Aurangabad-431001.

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Versus

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1. Mr. Abdulhafij Abdulsattar Makrani Prop. of M/s. A H Fruit Suppliers Age: Major, Occu.: Business, R/o.: At APMC, Akkalkuwa, Tq. Akkalkuwa, Dist. Nandurbar 425415. AND/OR

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Mr. Abdulhafij Abdulsattar Makrani Prop. of M/s. A H Fruit Suppliers Age: Major, Occu.: Business, R/o.: At Plot No. 4, Survey No. 5/1B, Makranifala, Tq. Akkalkuwa, Dist. Nandurbar 425415.

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AND/OR

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Mr. Abdulhafij Abdulsattar Makrani Prop. of M/s. A H Fruit Suppliers Age: Major, Occu.: Business, R/o.: At Flat No. A-4 in “K.P. Plaza”, Patelwadi, Tq. & Dist. Nandurbar 425415.

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2. Mrs. Najimabai Abdulhafij Makrani Age: Major, Occu.: Business, R/o.: At Plot No. 4, Survey No. 5/1B, Makranifala, Tq. Akkalkuwa, Dist. Nandurbar 425415.

…Defendants

(OA No.474/2024)

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[AMBADAS]

APPEARANCES

For the Applicant Mr. K. D. Pande -Advocate For Defendants Ex-parte

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JUDGMENT

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Delivered on 08.09.2025

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The Applicant Bank has filed the present application for the recovery of a sum of Rs. 69,67,809.73/- (Rupees Sixty Nine Lacs, Sixty Seven Thousand, Eight Hundred Nine and Seventy Three Paisa only), along with further interest from the date of filing of the Original Application, i.e., 18.01.2024, until the date of realization of the entire outstanding dues from the Defendants.

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Brief facts of the application are as under:

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The Applicant Bank submits that Defendant No. 1 approached the Applicant Bank with a request for sanction of Overdraft facility. Upon due consideration of the said request and the financial requirements of Defendant, the Applicant Bank was pleased to sanction a Overdraft facility of Rs. 50,00,000/- vide intimation letter dated 10.09.2018 on certain terms and

(OA No.474/2024)

Page 3 of 10

[AMBADAS]

conditions. The agreed rate of interest for the aforesaid loan was

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@11.55% p.a. with monthly rests. The Defendant also agreed to

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pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

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Thereafter, the defendant approached the plaintiff Bank for renewal & enhancement in the said Overdraft Facility and upon considering his request, the Applicant bank pleased to renew & enhance the said facility to the extent of Rs. 50 lacs vide its intimation letter dated 16.09.2019 on certain terms and conditions. The agreed rate of interest for the aforesaid loan was @11.50% p.a. with monthly rests. The Defendant also agreed to

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pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

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In order to secure the aforesaid loan facilities, the Defendants executed various loan documents in favour of the Applicant Bank. These included intimation letters, registered sale deeds

(OA No.474/2024)

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[AMBADAS]

bearing daybook Nos. 230 & 1044 dated 25.07.2013 &

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13.05.2019 respectively. Additionally defendant No. 2 stood as

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guarantor for defendant No. 1 and executed deeds of guarantee

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on 14.09.2018 & 16.09.019 in favour of the Applicant Bank

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The Applicant Bank further contends that in order to secure the aforesaid loan facility, the Defendant No. 1 & 2 created first charge over their immovable properties under daybook Nos. 230 & 1044 dated 25.07.2013 & 13.05.2019 in favour of the Applicant Bank. The mortgage was created in respect of the following properties-

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All that piece and parcel of Plot No. 4 admeasuring 167.28 sq.mtrs. out of Survey No. 5/1B situated at Makranifala, Tq. Akkalkuwa, Dist. Nandurbar which is bounded as under:

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East: House of Mr. K.A. Sattar West: House of Sayyed A. Rehman South: Road North: House of A. Rauf A. Sattar.

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All that piece and parcel of Flat No. A-4 admeasuring 45.49 sq.mtrs. in “K.P. Plaza” on Survey No. 248 & 249/1B (New Survey No. 684) situated at Patelwadi, Tq. & Dist. Nandurbar which is bounded as under:

(OA No.474/2024)

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[AMBADAS]

East: Open Space West: Parking South: Flat No. A-5 North: Parking.

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The applicant bank contended that the defendants have failed to keep their promise and commitments agreed by them with regard to due repayment of the loan amount. The defendants failed to operate the loan account properly and failed to pay the agreed rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made demand of loan amount and called upon the defendants to pay with the agreed rate of interest thereon, but the defendants failed and neglected to pay the same. The loan account of the defendants became irregular and classified as NPA on 30.09.2021. Therefore, on 18.02.2022 the applicant bank issued legal Notice to the defendants. The defendants failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The defendants failed to appear in matter though they were duly served. Hence, the defendants were proceeded ex-parte as per

(OA No.474/2024)

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[AMBADAS]

Order dated 23.05.2025.

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The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Shantanu Shailesh Naik, Power of Attorney Holder of the applicant Bank, and has produced on record the original loan transaction documents as Exh. A-1 to A-28 along with list of documents Exh.5 which corroborates the case of the applicant Bank.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Since the defendants failed to appear and contest the application, I find no reason to disbelieve the unrebutted evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

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The applicant Bank has claimed charge over immovable properties of the borrowers which are mortgaged in favour of the applicant bank.

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The applicant Bank has claimed future interest @11.50 p. a. from

(OA No.474/2024)

Page 7 of 10

[AMBADAS]

the date of filing i.e. 18.01.2024 of this application till realization of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 9% per annum (simple), it would be just and reasonable rate of interest.

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ORDER

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(A) Original Application No. 474/2024 is allowed with costs.

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(B) The defendants shall jointly and severally pay to the applicant Bank a sum of Rs. 69,67,809.73/- (Rupees Sixty Nine Lacs, Sixty Seven Thousand, Eight Hundred Nine and Seventy Three Paisa only), along with future interest @ 9% per annum (simple) from the date of filing of the Original Application i.e. 18.01.2024 till full payment/realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable properties bearing daybook nos. 230 & 1044 vide sale deeds dated

(OA No.474/2024)

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[AMBADAS]

25.07.2013 & 13.05.2019 at Exh. A-23 & A-24

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respectively in list of documents Exh. 5.

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All that piece and parcel of Plot No. 4 admeasuring 167.28 sq.mtrs. out of Survey No. 5/1B situated at Makranifala, Tq. Akkalkuwa, Dist. Nandurbar which is bounded as under:

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East: House of Mr. K.A. Sattar West: House of Sayyed A. Rehman South: Road North: House of A. Rauf A. Sattar.

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All that piece and parcel of Flat No. A-4 admeasuring 45.49 sq.mtrs. in “K.P. Plaza” on Survey No. 248 & 249/1B (New Survey No. 684) situated at Patelwadi, Tq. & Dist. Nandurbar which is bounded as under:

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East: Open Space West: Parking South: Flat No. A-5 North: Parking.

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(D) The applicant Bank is entitled to sell the mortgaged immovable properties and hypothecated articles/goods, to recover its dues.

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(E) Issue Recovery Certificate accordingly.

(OA No.474/2024)

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[AMBADAS]

(F) The Registrar is directed to send the copy of the

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Judgment and Recovery Certificate to the applicant and defendants.

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(G) File be consigned to the record room.

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Sd/-

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Pronounced in open court. Place: Aurangabad Date:.08.09. 2025

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

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(OA No.474/2024)

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Page 10 of 10

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[AMBADAS]

Icici Bank Limited v. Abdulhafij Abdulsattar Makrani

Case brief

What is this about?

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Icici Bank Limited v. Abdulhafij Abdulsattar Makrani

Case brief

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