Allowed

Icici Bank Limited v. Gundappa Upaleppa

DRT13 Oct 2025OA/689/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the application for issuance of a recovery certificate against respondents who defaulted on an agricultural Kisan credit card loan. After an ex parte hearing, the court granted the claim with reduced interest at 6%. Interest relief was provided due to the agricultural purpose of the loan.

What did the court decide?

Recovery certificate to be drawn for Rs. 21,63,707/- plus interest @6% p.a. simple from filing date to realization, recoverable jointly and severally.

Icici Bank Limited versus Gundappa Upaleppa — 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 13^th Day of October, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.689/2023

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BETWEEN:

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ICICI Bank Ltd, Having its Corporate office at, Sri. Laxmi Complex, Sindhanur, Raichur, And one of its asset branch office at, Represented by its manager & POA Holder, Sri. Harish E.

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…APPLICANT

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AND:

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Sri. Gundappa Upaleppa, S/o Sri. Upaleppa, Aged about 62 years, No. 20, Ginivar, BL-1, Sindhnur, Raichur- 584 128.

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Sri. Siddappa Upaleppa, S/o Sri. Upaleppa, Aged about 65 years, No. 123, Ginivar, BL 1, Sindhnur, Raichur- 584 128.

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Sri. Nagalingappa Siddappa, S/o Sri. Siddappa, Aged about 48 years, No. 123, Ginivar, BL 1, Sindhnur, Raichir- 584 128.

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Smt. Yashodamma Gundayya, W/o Sri. Gundayya, Aged about 58 years,

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OA 689/2023

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No. 20, Ginivar-1, Sindhnur, Raichur- 584 128.

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Sri. Linganna Gundappa, S/o Sri. Gundappa, Aged about 34 years, No. 20, Giniwar-1, Sindhnur, Raichur- 584 128.

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Smt. Madevamma Siddappa, W/o Sri. Siddappa, Aged about 65 years, H.No. 191, Giniwar I, Sindhnur, Koppal, Karnataka- 584 128.

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...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : M/s. SA Associates Defendants : 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 defendants for Rs. 21,63,707/- (Rupees Twenty One Lakh Sixty Three Thousand Seven Hundred and Seven only) with further interest thereon from the date of filing the Application till realization.

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It is the case of the applicant that, the defendants availed Kisan credit card with limit of Rs. 21,96,100/- (Rupees Twenty One Lakh Ninety Six Thousand One Hundred Only).

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OA 689/2023

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It is also the case of the applicant that, in view of the above availed loans, the defendants executed necessary loan documents along with hypothecation deed and indenture of mortgage.

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

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Despite, service of summons on the defendants, they failed to appear, resulting the defendants being set exparte on 29.07.2024.

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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-11 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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i) Whether the applicant had succeeded in proving the OA claim

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as against the defendants?

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OA 689/2023

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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 defendants 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, creation of the security interest 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 Agricultural purpose and also that the OA claim is arrived at

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

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can be allowed with a reduced interest of 6.00% (simple).

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In the result, OA.No.689/2023, stands allowed,

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OA 689/2023

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

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21,63,707/- (Rupees Twenty One Lakh Sixty Three Thousand Seven Hundred and Seven only) with further interest @6.00 % p.a.(simple) from

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the date of filing OA till the realization, from the defendants jointly, severally & 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 schedule property. Properties schedule to the OA be the schedule to the recovery certificate.

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ii) If the sale proceeds are not found sufficient to cover the amount due and payable to the applicant bank, the defendants jointly, severally & personally and their assets are liable for respective amounts due under the respective loan accounts.

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

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

OA 689/2023

Rules, 1993.

[Dictated to the Stenographer (AJ), transcribed by her, corrected and signed and pronounced by me in the

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Open Court, this the 13^th Day of October, 2025].

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Sd/- (T. RAJESH)

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PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Harish E S/o Eshwar, Collection Manager, of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Particulars of Documents
A1	Evidence affidavit
A2	List of documents
A3	Farmer finance facilities- credit facility application form dated 16.03.2015
A4	Sanction letter dated 26.04.2015
A5	Hypothecation deed
A6	Indenture of mortgage dated 08.05.2015
A7	Declaration dated 08.05.2015
A8	Legal notice dated 21.03.2022
A9	Postal receipts
A10	India post track consignment
A11	Statement of account

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Witness Examined for the Defendants:

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-Nil -

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List of Documents Exhibited for the Defendants:

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-Nil -

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Sd/- (T. RAJESH) PRESIDING OFFICER

Icici Bank Limited v. Gundappa Upaleppa

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Gundappa Upaleppa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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