Allowed

Icici Bank Limited v. M/S a and G Enterprises

DRT28 Apr 2026OA/1599/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application filed by ICICI Bank to recover Rs. 1,00,71,790.17 from five respondents. The tribunal deemed the application decreed due to admitted liability and lack of payment post-settlement, authorizing recovery from mortgaged and other assets.

What did the court decide?

Recovery Certificate issued for Rs. 1,00,71,790.17 less payments received; bank entitled to recover from sale of mortgaged properties and personal assets.

Icici Bank Limited versus M/S a and G Enterprises — Banking and Recovery | DRT (2026)

¶1

“ORIGINAL APPLICATION” No. 1599 OF 2024

¶2

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

¶3

PRESIDING OFFICER

¶4

O.A. NO. 1599 OF 2024

¶5

DATE OF RESERVE OF ORDER 19.03.2026

¶6

DATE OF DELIVERY OF ORDER 28.04.2026

¶7

ICICI Bank limited , Registered Office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara - 390007, Gujarat and Branch Office at JSEL Building, 3rd Floor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur, through its Authorized Signatory Sh. Abhishek Tulsian.

¶8

…..Applicant Bank…..

¶9

VERSUS

¶10

1. M/s A & G Enterprises through its Partner Ashok Kumar Choudhary, Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi-323001 Rajasthan.

¶11

Also At: -

¶12

Address: Plot No. I-J-9, Vikas Nagar, Bundi-323001, Rajasthan.

¶13

2. Mr. Ashok Kumar Choudhary S/o Sh. Seth Prasad Choudhary, Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi - 323001 Rajasthan.

¶14

Also At:-

¶15

Address: Plot No. I-J-9, Vikas Nagar, Bundi - 323001, Rajasthan.

¶16

3. Mr. Abdul Gaffar , Address: Near OBC Bank, Ward No. 16, Lanka Gate, Sicor Road, Bundi - 323001, Rajasthan.

¶17

¶18

OA No. 1599 OF 2024

¶19

4. Mrs. Geeta Devi W/o Sh. Ashok Kumar Choudhary, Address: Plot No. I J-9, Vikas Nagar, Bundi - 323001, Rajasthan.

¶20

Also At:-

¶21

Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi-323001 Rajasthan.

¶22

5. Mrs. Sahika Parveen W/o Sh. Abdul Gaffar, Address: Near OBC Bank, Ward No. 17, Lanka Gate ke Bahar, Sicor Road, Bundi - 323001, Rajasthan.

¶23

……Defendants…..

¶24

Counsel for the Applicant Bank Sh. Vineet Sharma Counsel for the Defendants Sh. T. S. Parmar

¶25

JUDGMENT

¶26

This Original Application was filed by the applicant bank on 26.10.2024 for recovery of outstanding amount of Rs. 1,00,71,790.17/- from the Defendants.

¶27

As per the pleadings, Defendant No. 1 in the capacity of borrower and defendant no. 2 in the capacity of guarantor/partner/mortgagor, defendant no. 3 in the capacity of guarantor/partner/mortgagor and defendant no. 4 and 5 in the capacity of guarantor had approached the applicant bank for seeking Credit Facility in the form of Overdraft facility by mortgage of immovable property. After due consideration, the said credit facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2020 vide sanction letter dated 28.08.2020 for a sum of Rs. 80 Lac.

¶28

¶29

OA No. 1599 OF 2024

¶30

It is submitted that the Defendants were also approached for availing additional working capital/term loan under the Emergency Credit Line Guarantee Scheme.

¶31

It is submitted that in view of the aforesaid request for the aforesaid scheme, the Applicant Bank granted ECLGS Facility/GECL Facility vide sanction letter dated 19.01.2021 for a sum of Rs. 11 Lac.

¶32

It is submitted that, in this manner the applicant bank after perusal of the defendant’s paying capacity and on agreeing of various terms and conditions and covenants, granted total loan amount of Rs. 91 Lac.

¶33

Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

¶34

Summons were issued to the Defendants on 05.02.2025 and Shri T. S. Parmar was appeared on behalf of the Defendants on 11.09.2025. The connected S.A. No. 458/2024 was listed before Special Lok Adalat of DRT Jaipur on 14.11.2025 and the same is settled on agreed terms and conditions. However, counsel for the Applicant Bank submitted that the Defendants have not cleared the dues as per settlement arise in Special Lok Adalat.

¶35

Heard arguments and perused the record.

¶36

As stated supra, the Applicant Bank filed the evidence affidavit of Shri Abhishek Tulsian coupled with the recitals

¶37

¶38

OA No. 1599 OF 2024

¶39

in the documents, viz Exhibit Aw/1 to Aw/10 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

¶40

10. The entire liability was admitted and a settlement was accepted but payment not made. OA deemed to be decreed for OA amount less payment received after filing of this OA.

¶41

In the result, this O.A. No. 1599 OF 2024 is allowed declaring that: -

¶42

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,00,71,790.17/(Rupees One Crore Seventy One Thousand Seven Hundred Ninety and Seventeen Paisa Only) with pendente lite and future interest at the contractual rate of interest from 31.03.2024 till the date of realization less the amount paid giving benefit of due date of payments.

¶43

b) The Applicant Bank to file statement before Recovery Officer.

¶44

c) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged properties –

¶45

¶46

OA No. 1599 OF 2024

¶47

Residential Property situated at House No. 1-J-9, Vikas Nagar, Bundi - 323001, Rajasthan, standing in the name of defendant no. 2 and 3.

¶48

Residential Property situated at Plot No. 112, Khasra No. 2429/2391, R. K. Puram, Chatarpura, Bundi - 323001, Rajasthan, standing in the name of defendant no. 3.

¶49

as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶50

d) The applicant bank is entitled to the costs of the O.A.

¶51

12.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

¶52

13.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 25.05.2026 .

¶53

14.Prepare Recovery Certificate accordingly.

¶54

15.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

¶55

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶56

¶57

OA No. 1599 OF 2024

¶58

Order pronounced in the open court today i.e. 28.04.2026 .

¶59

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶60

¶61

OA No. 1599 OF 2024

¶62

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶63

PRESENT- SHRI VIMAL GUPTA

¶64

PRESIDING OFFICER

¶65

O.A. NO. 1599 OF 2024

¶66

DATE OF RESERVE OF ORDER 19.03.2026

¶67

DATE OF DELIVERY OF ORDER 28.04.2026

¶68

RECOVERY CERTIFICATE

¶69

(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. M/s A & G Enterprises through its Partner Ashok Kumar Choudhary, Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi-323001 Rajasthan.

¶74

Also At: -

¶75

Address: Plot No. I-J-9, Vikas Nagar, Bundi-323001, Rajasthan.

¶76

2. Mr. Ashok Kumar Choudhary S/o Sh. Seth Prasad Choudhary, Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi - 323001 Rajasthan.

¶77

Also At:-

¶78

Address: Plot No. I-J-9, Vikas Nagar, Bundi - 323001, Rajasthan.

¶79

3. Mr. Abdul Gaffar , Address: Near OBC Bank, Ward No. 16, Lanka Gate, Sicor Road, Bundi - 323001, Rajasthan.

¶80

¶81

OA No. 1599 OF 2024

¶82

4. Mrs. Geeta Devi W/o Sh. Ashok Kumar Choudhary, Address: Plot No. I J-9, Vikas Nagar, Bundi - 323001, Rajasthan.

¶83

Also At:-

¶84

Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi-323001 Rajasthan.

¶85

5. Mrs. Sahika Parveen W/o Sh. Abdul Gaffar, Address: Near OBC Bank, Ward No. 17, Lanka Gate ke Bahar, Sicor Road, Bundi - 323001, Rajasthan.

¶86

……Defendants…..

¶87

Recovery Certificate for Rs. 1,00,71,790.17/-

¶88

In terms of final order dated 28.04.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

¶89

a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 1,00,71,790.17/(Rupees One Crore Seventy One Thousand Seven Hundred Ninety and Seventeen Paisa Only) with pendente lite and future interest at the contractual rate of interest from 31.03.2024 till the date of realization less the amount paid giving benefit of due date of payments.

¶90

b) The Applicant Bank to file statement before Recovery Officer.

¶91

c) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged properties –

¶92

¶93

OA No. 1599 OF 2024

¶94

Residential Property situated at House No. 1-J-9, Vikas Nagar, Bundi - 323001, Rajasthan, standing in the name of defendant no. 2 and 3.

¶95

Residential Property situated at Plot No. 112, Khasra No. 2429/2391, R. K. Puram, Chatarpura, Bundi - 323001, Rajasthan, standing in the name of defendant no. 3.

¶96

as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

¶97

d) The applicant bank is entitled to the costs of the O.A.

¶98

Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 25.05.2026 .

¶99

The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 28 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtor.

¶100

This Certificate has been issued under my signatures and seal of the Tribunal on this 28.04.2026 .

¶101

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

¶102

¶103

OA No. 1599 OF 2024

¶104

BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

¶105

PRESENT- SHRI VIMAL GUPTA

¶106

PRESIDING OFFICER

¶107

O.A. NO. 1599 OF 2024

¶108

DATE OF RESERVE OF ORDER 19.03.2026

¶109

DATE OF DELIVERY OF ORDER 28.04.2026

¶110

SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. M/s A & G Enterprises through its Partner Ashok Kumar Choudhary, Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi-323001 Rajasthan.

¶116

Also At: -

¶117

Address: Plot No. I-J-9, Vikas Nagar, Bundi-323001, Rajasthan.

¶118

2. Mr. Ashok Kumar Choudhary S/o Sh. Seth Prasad Choudhary, Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi - 323001 Rajasthan.

¶119

Also At:-

¶120

Address: Plot No. I-J-9, Vikas Nagar, Bundi - 323001, Rajasthan.

¶121

3. Mr. Abdul Gaffar , Address: Near OBC Bank, Ward No. 16, Lanka Gate, Sicor Road, Bundi - 323001, Rajasthan.

¶122

¶123

OA No. 1599 OF 2024

¶124

4. Mrs. Geeta Devi W/o Sh. Ashok Kumar Choudhary, Address: Plot No. I J-9, Vikas Nagar, Bundi - 323001, Rajasthan.

¶125

Also At:-

¶126

Address: Near Oriental Bank, Lanka Gate, Sicor Road, Bundi-323001 Rajasthan.

¶127

5. Mrs. Sahika Parveen W/o Sh. Abdul Gaffar, Address: Near OBC Bank, Ward No. 17, Lanka Gate ke Bahar, Sicor Road, Bundi - 323001, Rajasthan.

¶128

……Defendants…..

¶129

S.No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	1,03,000.00
2	Process Fee (Inc. Publication)	240.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	1,04,490.00

¶130

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1599 OF 2024

28.04.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Sh. T. S. Parmar, Counsel for the Defendants

¶136

Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

¶137

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

OA No. 1599 OF 2024

28.04.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Sh. T. S. Parmar, Counsel for the Defendants

¶143

The Tribunal vide order dated 28.04.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

¶144

The Registrar vide order dated 28.04.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶145

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

Icici Bank Limited v. M/S a and G Enterprises

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. M/S a and G Enterprises

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

Coram

Case details

Similar cases

Icici Bank Limited versus M/S Swastika Granite and Minerals

State Bank of India versus Ms Tenacity Industries Inc.

Kajod Mal Saini versus Capri Global Housing Finance Limited

Axis Bank versus Ritesh Rathi

Sharma Motors versus Rajasthan Gramin Bank

Axis Bank versus Ms Giriraj Ji Tractors