Icici Bank Limited v. Mohammad Ali Khan
Case brief
What is this about?
The Debts Recovery Tribunal, Jaipur, allowed an application requesting to close recovery proceedings after the applicant issued a certificate stating the respondents were untraceable and no attachable assets existed, granting liberty to re-initiate proceedings if new assets or whereabouts are found.
What did the court decide?
Proceedings closed; Recovery Certificate returned; Liberty granted to re-initiate recovery proceedings or file afresh when assets/traces found.
What the court decided
Court of the Presiding Officer Debts Recovery Tribunal, Jaipur
Item No. 8
Case No. MA/86/2026 IN OA/353/2017
ICICI BANK LIMITED Vs MOHAMMAD ALI KHAN
Date: 20.03.2026. Proceedings through hybrid mode
Present:
Ms. Jona Nagpal, Counsel for the Applicant
Counsel for the applicant has filed this Misc. Application in OA no. 353/2017 which was decided by this Tribunal on 28.09.2018. He submits that despite best efforts and due diligence, the Defendants are currently untraceable and have successfully evaded the service of summons/execution of the process of this Tribunal. He further submitted that at present, the Applicant has not been able to identify any further unencumbered assets or properties of the Defendants within the jurisdiction of this Tribunal or elsewhere that could be attached to satisfy the debt.
In view of the current circumstances, the applicant bank seeks to withdraw the present proceedings to save the precious judicial time of this Tribunal and to avoid further administrative costs. The applicant bank prayed that a liberty may be granted for re-initiate recovery proceedings or file afresh application against the defendants as and when any additional assets of the defendants are discovered and the whereabouts of the defendants are traced.
Issues for consideration
1 issue framed by the court
Whether proceedings should be closed due to inability to trace respondents and lack of discoverable assets.
Parties & counsel
- applicant
ICICI BANK LIMITED
- appellant
MOHAMMAD ALI KHAN
Coram
Vimal Gupta
Case details
As recorded by the court registry
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