Allowed

Icici Bank Limited v. Joginder Singh

DRT17 Jun 2025OA/921/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of Rs. 33,01,300 along with interest and costs, directing the recovery officer to issue a certificate. The defaulters were absent, and the case was proved by documents.

What did the court decide?

Directed defendants to pay Rs. 33,01,300 with interest within 30 days; recovery certificate issued to Recovery Officer; sale of mortgaged property if unpaid.

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

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O.A. No. 921 of 2022

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Debts Recovery Tribunal-I, Delhi 4th floor, Jeevan Tara Building, Parliament Street, New Delhi

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Presiding Officer: Shri Govind Ballabh Sharma

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O.A. No. 921 of 2022

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ICICI Bank Ltd. Shal Tower, Plot No.23, 3rd Floor, New Rohtak Road Karol Bagh, New Delhi-110005 Applicant Versus 1. Sh.Joginder Singh (Borrower) R/o H-348, Ram Nagar, Jagat Puri Delhi-110051 Also at: Ground Foor, Plot No.3/532, Sector-3, Vasundhara, Ghaziabad, UP-201001 2. Sh.Kawaljeet Kaur R/o H-348, Ram Nagar, Jagat Puri Delhi-110051 Also at: Ground Foor, Plot No.3/532, Sector-3, Vasundhara, Ghaziabad, UP-201001 Defendants Present: Ms Usha Singh, Counsel for the applicant bank Date of Institution: 18.10.2022 Date of Pronouncement: 17.06.2025

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O.A. No. 921 of 2022

FINAL ORDER

This original application has been filed by the applicant bank on 18.10.2022 through Shri Dinesh Sharma, authorized representative of the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendants for recovery of a sum of Rs.33,01,300/- (Rupees Thirty Three Lacs One Thousand Three Hundred only) as on 19.07.2022 along with pendentelite and future interest @9.15% per annum plus default interest @24% per annum over and above contractual interest rest from 20.07.2022 along with costs.

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The brief facts of the case are that at the request of defendant No.1 & 2 being borrower / Mortgagor, the applicant bank sanctioned Housing Loan of a sum of Rs.25,00,000/(Rupees Twenty Five Lacs Only) on 24.08.2016 @9.15% interest to be repayable in 240 equated monthly installment of Rs.22,735/- in order to purchase Ground Floor Plot No.3/532, Sector-3, Vasundhara, Ghaziabad, UP.

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That in order to avail the housing loan facility, the defendant no.1 & 2 submitted housing loan application form and executed Loan Facility Agreement dated 14.10.2016 with applicant bank.

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That in order to secure the housing loan facility, the defendant no.1 created mortgage of the subject property by depositing the sale deed executed on 08.11.2016 with the applicant bank.

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O.A. No. 921 of 2022

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It has been submitted by the applicant bank that after availing the aforesaid loan facility, the defendants failed to pay the outstanding dues in time to the applicant bank. Due to indiscipline in depositing the installments, the applicant bank issued Loan Recall Notice dated 17.07.2018 calling upon the defendants to pay the entire outstanding dues to the applicant bank but the defendants neither replied the notice nor made any efforts to repay the dues of the applicant bank, hence the applicant bank has approached this Tribunal for recovery of their dues.

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Notices of this O.A. were issued to the defendants and despite of proper service the defendants have chosen to absent from the proceedings. As per order dated 27.03.2025, the defendants have been proceeded ex-parte as not appeared before the Tribunal and even no written statement, evidence and affidavit of assets have been filed by the defendants.

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In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Shri Dinesh Sharma (AW-1) authorized representative of the applicant bank who has proved the documents as Affidavit Ex.AW1/1, Power of Attorney Ex.AW1/2, Loan Application Ex.AW1/3, Sanction Letter Ex.AW1/4, Home Loan Facility Agreement Ex.AW1/5, Sale Deed Ex.AW1/6, Recall Notice Ex.AW1/7(colly), Certified Statement of Accounts Ex.AW1/8, Certificate u/s 2A of Bankers' Books Evidence Act Ex.AW1/9.

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The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly proved.

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Cf4

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O.A. No. 921 of 2022

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The case filed by the applicant bank gone unrebutted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

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In the light of the above discussions, the Original Application deserves to be allowed.

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ORDER

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I, allow this OA and direct the defendants to pay to the applicant bank, jointly or severally, within 30 days a sum of Rs.33,01,300/- (Rupees Thirty Three Lacs One Thousand Three Hundred only) as on 19.07.2022 along with pendentelite and future interest @9.15% per annum from 20.07.2022 till the date of realization and costs failing which the aforesaid amount shall be recovered from sale of mortgaged Ground Floor Plot No.3/532, Sector-31 Vasundhara, Ghaziabad, UP. In case of shortfall, the same shall be recovered from the sale of moveable and immovable property of the defendants.

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(II) The recovery certificate be issued forthwith and be sent the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

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(III) Parties are directed to appear before Recovery Officer, DRT I, Delhi on 18.08.2025.

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(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

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(GOVIND BALLABH SHARMA) PRESIDING OFFICER DRT-I, DELHI

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(Dictated and pronounced in open court) Dated: 17.06.2025

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Icici Bank Limited v. Joginder Singh

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Joginder Singh

Case brief

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What did the court decide?

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