In an original application under Section 19 of RDB Act 1993, the Debts Recovery Tribunal allowed the bank's claim for recovery of a personal loan due from the defendant, who appeared absent, granting interest and costs.
Recovery certificate to be drawn allowing recovery of Rs. 27,90,559.67 with future interest at 11.25% p.a. and award of costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU
Dated this 19th Day of June, 2025
Present: Sri. T. RAJESH Presiding Officer OA.No.535/2023
BETWEEN:
ICICI Bank Limited, Bommanahalli Branch office at ICICI Bank Lts., 4/10, Mythree tower, Bommanahalli, Hosur Main Road, Bengaluru -68.
…APPLICANT
AND:
Sri. Krishnamurthy, S/o. Boregowda, Residing at No. 101, S N Layout, 3rd Stage, Basaveshwara Nagar 4th Block, Bangalore -560079.
...DEFENDANT
Counsel on record/appeared for:
Applicant : Vidhii Partners Defendant : Exparte
FINAL ORDER
OA 535/2023
2
27,90,559.67 (Rupees twenty-seven lakh ninety thousand five hundred fifty-nine paisa sixty-seven only) with further interest thereon and cost from the Defendant.
OA 535/2023
3
defendant was called absent and set exparte.
the contentions as taken in the OA in the light of documentary evidence and the proof affidavit.
claim as against the defendant?
Both these issues are gone into and decided together.
remains unrebutted as Defendant remained exparte. The evidence tendered by the Applicant remains uncontroverted and
undisputed. The evidence put forth by the Applicant is found admissible are sufficient to prove the averments made in the OA,
OA 535/2023
4
and the default committed by the Defendant in repaying the loan amount due. The liability of the Defendant and the loan amount
due are also proved by the above documents. The claim of the applicant is well within the limitation.
to the conclusion that the OA is liable to be allowed.
are availed by Defendant for personal purpose, this Tribunal in view, that the rate of interest as claimed need not be reduced. However, as the OA Claim is arrived at by calculating interest at
the agreed rate and also by applying default interest, the prayer
for monthly rest is declined.
of Rs. 27,90,559.67 (Rupees twenty seven lakh ninety thousand
five hundred fifty nine and paisa sixty seven only) with pendente
lite and future interest of 11.25% p.a. (simple) from the date of
filing of the OA to till the realization, from the Defendants jointly,
OA 535/2023
5
severally and personally after giving credit to all the amounts
recovered and received during the pendency of the OA, and
allowed the same to be recovered by proceeding against the
defendant personally and their assets.
ii) The applicant bank is allowed cost of the proceedings
for which Applicant to file cost memo within seven days from the
date of receipt of the order.
iii) The Recovery Certificate to be drawn in terms of this
order and transferred to Recovery for execution.
iv) Interim application pending, if any, stands disposed of
in terms of this final order.
14. Communicate a copy of the order to the parties concerned
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16
of DRT (Procedure) Rules, 1993.
[Dictated to the Stenographer (PY), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 19th Day of June, 2025].
Sd/(T. RAJESH) PRESIDING OFFICER
OA 535/2023
6
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Sri. Pramodh G, Collection Manager, of Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| A1 | -- | Applicant Evidence |
| A2 | -- | List of Documents. |
| A3 | -- | Power of attorney |
| A4 | -- | Preliminary Credit Facility |
| A5 | -- | Credit facility Application |
| A6 | -- | Key fact statement and most important information |
| A7 | -- | Loan recall notice |
| A8 | -- | Online service Endorsement |
| A9 | -- | Loan Account Statement for LPBNG00038551013 |
| A10 | -- | Foreclosure statement |
| A11 | -- | Certificate under Section 2-A of the Banker’s Books evidence Act,1891 |
Witness Examined for the Defendant: List of Documents Exhibited for the Defendant:
-Nil -
-Nil -
Sd/(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim as against the defendant?
If so, to what extent?
2 provisions across 2 enactments
ICICI Bank Limited
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
