The Debts Recovery Tribunal, Patna, in an ex-parte proceedings, allowed ICICI Bank Limited's application under Section 19 of the RDB Act. Upon verification of documentary evidence and defendant's absence, the Tribunal determined the debt and issued a Recovery Certificate for the principal amount with interest.
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.
1
DRT, PA’rNA
OA 127 of 2025jJl
Debts Recovery Tribunal, Patna
Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025
Presiding Officer : Shri Kaushalendra Yadav
OA Case No. 127 of 2025
ICICI Bank Limited, Zonal Office at 2"d and 3’d Floor, Gulab Palace, near Panchmukhi Hanuman Mandir, East Boring Canal Road, Patna
Vs
Present:
For the Applicant Shri Prabhakar Nath Rai, Advocate For the Defendants None
Dated:25.06.2026
JUDGMENT
ab
D eb = =q: ::={6y :=X[1:11dI
2
OA 127 of 2025jJl
DRT, PATNA
Defendants again approached the applicant bank for sanction of business loan of Rs.28.75 Lakh, vide loan application no.1131162 and after being satisfied, the applicant bank has sanctioned a sum of Rs.28.75 Lakh on 08.09.2023 and loan amount was disbursed to the defendant on 11.09.2023 on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendants. To secure the loan facilities defendants have executed various loan and security documents in favour of the applicant bank, details of which are given in OA.
Since, the defendants failed and neglected in spite of several reminders to make payment of the dues recoverable to the bank, hence this application has been filed by the bank.
The total liability in the loan account is Rs.32,21,198.10 as on 06.01.2025 with pendente-lite and future interest contractual rate from 07.01.2025 till the realization.
PresidinX O$'icer U.ebb Recovery Tribuna PATN A
U,
3
OA 127 of 2025jJl
DRTI PATN A
foIIo\vs:
| e | ion Documents Photocopie |
s of |
1Date Execution of |
1 Amount (in Lakh: |
!Signature 1Executants of |
1Ex./ Ann No. |
|---|---|---|---|---|---|---|
| o | Bank | |||||
| 1 application |
form | Defendants | ||||
| ADDlication | form | 30.00 |
Defendants | |||
| Credit application |
facility form |
08.09.2023 | r875 | Defendants | ||
| 5 | Ka and most information |
important |
28.75 | Defendants. | 5 | |
| 6 | AllIndia Terms Conditions |
Standard and |
6 | |||
| Loanrecall |
notice |
09.09.2024 | Bank | |||
| Statem accounts |
ent of |
Bank | ||||
| 8. | Heard argu | mentsand | perused theca | serecord. |
tab Presiding C)ficer Debb hec.„.ry TTibt111-1 p4TU A
4
DRT, PATN A
OA 127 of 2025jJl
this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application.
14 Section 19(3) of the Recovery of Debts and Bankruptcy Act, 1993 provides that the application u/s S.19 (1) shall be accompanied With true copies of all the documents relied on in support of the claim.
The rule 12 (10) of the Debt Recovery Tribunal (Procedure) Rules, 1993, provides that if the defendant denies his liability to pay the claim made by the applicant, the tribunal may act upon the affidavit of the applicant who is acquainted with the facts of the case or who has on verification of the record sworn the affidavit in respect of the contents of the application and the documents as evidence.
The rule 12 (11) of the aforesaid Rules, provides that the provisions contained in section 4 of the Banker’s Books evidence that Act, 1891 (18 of 1891) shall apply to a certified copy of an entry in a Banker’s Books furnished along with application filed under sub section 1 of section 19 by the applicant.
Section 4 of Banker’s Books evidence Act, 1891 runs as underS.4. Mode of proof of entries in bankers’ books.–Subject to the provisions of this Act, a certified copy of any entry in a banker’s book shall in all legal proceedings be received as prima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the satire extent as. the original entry itself is no\v by law admissible, but not further or otherwise.
As such the certified true copies of the documents are admissible in evidence. The statement of account maintained in the ordinary course of business is not only admissible but shall be taken as the correct statement of
\A
PresIding Ofice? O.-'btq Recover/ TribunAI P
5
OA 127 of 2025jJl
DRT, PATNA
account, more so since the entries in the statement of account have not been challenged.
ORDER
In the result, the application of the applicant bank is allowed and debt is determined with costs against the defendants. The defendants are hereby jointly and severally, ordered to pay the applicant bank its debt amounting to Rs.32,21,198.10 along with pendente-lite and fbture interest @ .10% p.a. with compounded monthly rests from 01.02.2025 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.
It is made clear that any amount deposited by the defendants, be deducted in the claim amount. if not deducted \A
p,esidinK O ficer Debts Recove tY Tdbwlal PATNA
6
DRT, PATNA
OA 127 of 20251JI
Defendants are debarred from transferring, alienating encumbering or otherwise dealing with or disposing of the mortgaged or hypothecated or any other properties and assets without paying the aforesaid adjudicated dues to the applicant bank to secure the ends of justice. The mortgaged or hypothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceedings in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993. The applicant may submit the certified copy of this Judgment and the Recovery Certificate before the Registrar/Sub- Registrar to endorse the charge over the secured assets.
Let a certificate of recovery be drawn up forthwith and put up for signatures in terms of provisions contained in Section 19(22) of the Act to be issued, on the basis of the order of the Tribunal to the Recovery Officer. The Recovery Officer shall realize the amount as per the certificate in the manner and mode prescribed under the Act from the defendants, by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendants. The Recovery Of$cer will issue demand notice to the Certifcate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted by the applicant. If The Applicant /Certificate holder fails to comply with directions of the Recovery C)Ocer, the execution may be dismissed for non-prosecution. The copy of this judgment be uploaded in the website of the Tribunal.
Parties are directed to appear before the Recovery Officer, DRT, Patna on 05.08.2026. The order be communicated accordingly .
Judgment signed, sealed, dated and pronounced in the open court on 25th day of June, 2026.
X':. L/?\b'vk [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna Prestdiat Often Debts RecoveI7 Tdbu•) PATNA
Dictated &corrected by me.
FORM No- 9
DEBTS RECOVERY TRIBUNAL PATNA
[See Regulation 24( 1 )]
2nd Floor1 (A. B & F Wing) Knpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025 .
RECOVERY CERTIFICATE UNDER SECTION 19(a READ WITH $E('TIQN 19(m OF THE RECOVERY OF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.
RC No. 184/2026 IN
Case No: OA/127/2025
In the Matter of: (CH- 1) ICICI BANK LIMITED ZONAL OFFICE AT 2ND AND 3RD FLOOR, GULAB PALACE. NEAR PANCHMUKHI HANUMAN MANDIR, EAST BORING CANAL ROAD, PATNA ,BIHAR -800001
Applicant(s)
––-- Versus -–––
To (CD- 1) M/S EASY M TELESYSTEMS Represented Through its Sole Proprietor Mohammad Jalaluddin, Complex Station Road, Chaurasia, Near Railway Station, Siwan ,BIHAR -841226
Defendant(s)
(CD- 2) MOHAMMAD JALALUDD IN (COBORROWER) R/0- VILL- ATKHAMBA. KOIRL TOLA. DISTRICT- srwAN, BIHAR- 841232
Regvvery Gertifjgate for Rs 3221198,10 1_Rupees Thirty Two Lakh s Twenty One ThQu$nnd s One Hundred Ninety_Ejght And Paise Ten Only '1
In terms of final order dated 25/06/2026 passed by this Tribunal in the above mentioned case, it is ordered that the Applicant Certificate Holder Bank is entitled to recover a sum of Rs. 3221198.10 along with cost, expenses and interest from the 01/02/2025 i.e. date of filing / with effective date of the OA/127/2025 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to
| CDName | Loan Type |
Int. Type/Mode |
Int. Rate |
EfFective Date |
Order Date |
,mount(Rs.) | Liability Type |
Interest (aso Order Date) |
RC Amount(Rs.) |
Remark |
|---|---|---|---|---|---|---|---|---|---|---|
| EASYM YSTEMS |
’Compound Interest :Monthly) |
10 | :01/02/2025 | 16/2026 | 3221198.10 | 0 And ly |
:21198.10 | |||
| BO£ROWER) | 1:lc::;:sTHld (Monthly ) |
10 |
0 1/02/2025 | ;/06/2026 | 3221198.10 | Fointly ly |
lterest on |
;221198.10 |
In case of failure to pay the aforementioned adjudicated amount within 30 days! same shall be recovered from the sale of the mongaged/hypothecated assets as well as other personal movable/ Immovable assets of the certificate debtors.
The mortgaged or hYpothecated assets to secure the loan in question are hereby attached and shall be subject to the final order under the recovery proceeding in pursuance of the Recovery certificate issued under Section 19(22) of Recovery of Debts and Bankruptcy Act 1993
Parties are directed to appear before MANOJ KUMAR , Recovery OfUcery DEBTS REcovERy TRiBUNAL PATNA on 05/08/2026
The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 25 to 28 of the Recovery of Debts Due to Banks and Financial Institutions Actl 1993 (as amended from time to time) from the above named Certificate Debtors.
This Certificate has been issued under my signature and seal of the TrIbunal on this 02/07/2026
PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATH A a PrestdiH Ollicer Registrar t)ebb Recovery Tdbuiw DeusMyWpatna FATWA Vlqq$afiIqagl, Val
FORM NO. 10
[See Regulation 24(2)]
DEBTS RECOVERY TRIBUNAL PATNA
2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar
(GPOA), Ashiana Digha Road, Patna-800025 .
SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS
RC No. 184/2026
IN
Case No: OA/127/2025
Applicant(s): ICICI BANK LIMITED Versus
Defendant(s): M/S EASY M TELESYSTEMS
| Item ofCosts | ;Amount inRs |
|---|---|
| Fee onthe application | 35000 |
| 'rocessFees(Inc.Publication) | 10 |
| AdvocateFees | b |
| eommissioner/ReceftoWn | ro |
| MiscellaneousCharges | ro |
| Total Costs:Rs | 135066 |
Place: PATNA
PRESID OFFICER Date: 02/07/2026 DEBTS RECOVERy TRIBUNAL PATNA Presiding O ficer Note: Strike out whichever is not applicable DebB Recovery Tribunal PATNA
3 issues framed by the court
Whether the Debts Recovery Tribunal has jurisdiction to determine the claim and issue recovery certificate under Section 19 of the Act.
Whether the defendant's failure to appear would preclude the Tribunal from passing an ex-parte order upon proof of debt via documents.
Whether the application was filed within the limitation period for claiming the outstanding dues.
4 provisions across 3 enactments
ICICI Bank Limited
M/s Easy M Telesystems
Mohammad Jalaluddin
Kaushalendra Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
