Allowed

Icici Bank Limited v. Sh. Harbachan Singh and Another

DRT30 Apr 2026OA/1451/2025

Case brief

AI extract

What is this about?

The DRT allowed the bank's application for recovery of Rs. 21,63,088.61 from borrowers who defaulted on a Kisan Credit Card loan. The Tribunal declared the defendants jointly and severally liable and fixed future interest at 8% p.a.

What did the court decide?

Recovery Certificate issued; Defendants liable jointly and severally to pay Rs. 21,63,088.61 plus costs and interest at 8% p.a.; recovery from sale of assets permitted.

Icici Bank Limited versus Sh. Harbachan Singh and Another — Banking and Recovery | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-III, CHANDIGARH

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ORIGINAL APPLICATION NO. 1451/2025

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PRESIDED OVER BY MRIDULESH KUMAR SINGH

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DATE OF INSTITUTION: 20.09.2025

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DATE OF DECISION: 30.04.2026

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ICICI BANK LIMITED, having its Registered Office at Landmark Race Course Circle, Vadodara-390007 and having its Branch Office, at SCO No. 132-133-134, Sector 9-C, Chandigarh, through its Manager, Sh. Jatinder Mishra.

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……..Applicant Versus

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1. Sh. Harbachan Singh S/o Sh. Baldev Singh, 232, Atlla Khurd, Mansa, Punjab-151504

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Sh. Naib Singh S/o Sh. Harbachan Singh, 232, Atlla Khurd, Mansa, Punjab-151504 …….Defendants

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Advocates:

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Argued by Sh. Kaveesh, Advocate for Applicant.

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None for Defendants (already ex-parte vide order dated 24.04.2026)

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FINAL ORDER

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Present Original Application was instituted by the applicant under Section 19 of the Recovery of Debts and Bankruptcy Act 1993, against the defendants for recovery of Rs.21,63,088.61 (Rupees Twenty One Lacs Sixty Three Thousand Eighty Eight and Paise Sixty One only). The Original Application has been filed through Sh. Jatinder Mishra , Manager of the applicant, who is competent to institute the Original Application vide Power of Attorney dated 08.01.2025, which is Annexure A1 to this OA.

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The brief facts of the OA are that the Defendants approached the applicant for grant of Kisan Credit Card (KCC) limit of Rs.12.00 Lacs vide Credit Facility Application Form dated 11.04.2016, which is Annexure A2 to this OA.

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2 OA/1451/2025

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ICICI BANK LIMITED VS. HARBACHAN SINGH AND ANOTHER

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The applicant sanctioned Kisan Credit Card (KCC) limit of Rs. 8,03,700.00 for 1^st year and to be increased upto Rs.11,76,500.00 for 5^th year, vide sanction letter dated 30.04.2016, which is Annexure A3 to this OA and the terms and conditions were duly accepted by the defendants. 4. Defendant no. 1 mortgaged his immovable property i.e. Total land measuring 38K-0M, situated at Village Atla Khurd, Tehsil & District Mansa, Punjab, vide declaration u/s 4(1) of Punjab Agricultural Credit Operations and Miscellaneous Provisions (Banks) Act 1978, dated 29.04.2016, which is Annexure A7 to this OA; Letter to Sub Registrar for creation of charge dated 28.04.2016, which is Annexure A6 to this OA. Documents executed : Deed of Hypothecation dated 30.04.2016, which is Annexure A4 to this OA; Undertakings dated 11.04.2016 & 29.04.2016, which is Annexure A5 to this OA; Loan Recall Notice dated 19.05.2018, with postal receipts, which is Annexure A8 to this OA; Statement of Account with certificate, which is Annexure A9 to this OA. 5. The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.21,63,088.61 (Rupees Twenty One Lacs Sixty Three Thousand Eighty Eight and Paise Sixty One only), which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly. 6. The defendants were served summons to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte vide order dated 24.04.2026 7. In support of the OA, affidavit of Sh. Jatinder Mishra , Manager, ICICI BANK LIMITED, h as been filed. 8. Heard ex-parte arguments and perused record. 9. It was argued by learned counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A9 to this OA, it is proved that the defendants approached applicant for

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OA/1451/2025

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ICICI BANK LIMITED VS. HARBACHAN SINGH AND ANOTHER

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availing of the loan facility, which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.21,63,088.61 (Rupees Twenty One Lacs Sixty Three Thousand Eighty Eight and Paise Sixty One only), along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the account.

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In so far as pendente lite and future rate of interest is concerned, the applicant in relief clause has claimed interest @12.00% p.a. plus 2.00% p.a. penal interest from 08.07.2025 till the realization. The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property/hypothecated assets, undertaking of the defendants, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant simple interest @08.00% p.a. in the loan account from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly. 11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.21,63,088.61 (Rupees Twenty One Lacs Sixty Three Thousand Eighty Eight and Paise Sixty One only), jointly and severally, with costs, current and future simple interest @08.00% p.a. in the loan account from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of mortgaged property/hypothecated assets of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the applicant still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of

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OA/1451/2025

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ICICI BANK LIMITED VS. HARBACHAN SINGH AND ANOTHER

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personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

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12. Any other application pending stands disposed of.

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Issue Recovery Certificate accordingly.

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Parties to appear before Learned Recovery Officer of this Tribunal on 21.05.2026

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Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal .

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Dated: 30.04.2026.

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(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh

Icici Bank Limited v. Sh. Harbachan Singh and Another

Case brief

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Icici Bank Limited v. Sh. Harbachan Singh and Another

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