Allowed

Icici Bank Limited v. Mr. Kuldeep Singh

DRT21 Apr 2026OA/18/2025

Case brief

AI extract

What is this about?

In this ex-parte matter, the Tribunal allowed an Original Application filed by ICICI Bank Limited for recovery of Rs. 21.37 lakhs due from borrowers who failed to appear. The bank proved its claim via documentary evidence, resulting in an order for joint and several liability and issuance of a Recovery Certificate. The case is classified as ok.

What did the court decide?

Recovery Certificate directed to be issued for Rs. 21,37,073.84 plus interest; parties directed to appear with Recovery Officer.

Icici Bank Limited versus Mr. Kuldeep Singh — Contract and Commercial Disputes | DRT (2026)

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DEBTS RECOVERY TRIBUNAL-IL CHANDIGARH OA/18/2025 ICICI Bank Limited Vs Mr. Kuldeep Singh and others

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21.04.2026

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Item No. 163

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Present: Mr. Rahul Garg, Ld. Counsel for applicant bank.

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This matter is taken up by this Tribunal through Video Conferencing.

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Today, Captioned OA is listed for pronouncement of final order. Accordingly, final order prepared in separate sheets, signed and pronounced.

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File be closed and consigned to record room.

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21.04.2026

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(SHIV KUMAR-I) PRESIDING OFFICER DRT-III, DELHI (ADDITIONAL CHARGE) DRT-II, CHANDIGARH

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DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH PRESIDING OFFICER: MR. SHIV KUMAR - I

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(0.A. No.: 18/2025)

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ICICI Bank Limited, a body corporate,

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Address:

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Near Chakli Circle, Old Padra Road, Vadodara-390007

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Also at:

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SCO No.132-134, Sector 9C, Chandigarh Through its Authorized Attorney Mr.Mohammad Vajid, Authorized Signatory, at ICICI Bank Limited, SCO Na,132-134,

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Sector 9C, Chandigarh

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....Applicant Bank

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Versus

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1. Mr. Kuldeep Singh

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r/o House No.18, Village Thambeer, Tehsil Barara, District Ambala, Haryana-133205

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2. Mr. Manmohan Singh

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r/o House No.18, Village Thambeer, Tehsil Barara, District Ambala, Haryana-133205

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3. Mr Brij Mohan Singh

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r/o House No.18, Village Thambeer, Tehsil Barara, District Ambala, Haryana-133205

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....Defendants

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Date of Institution: 02.01.2025

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Date of Reserve: 30.03.2026

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Date of Pronouncement: 21.04.2026

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Counsel: Mr.Rahul Garg, Counsel for Applicant Bank

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FINAL ORDER

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The present Original Application seeking recovery for a sum of Rs.21,37,073.84/-alongwith pendente lite and future interest @11.50% per annum, has been instituted by the Applicant Bank, ICICI Bank Limited, a banking company incorporated under the provisions of the Banking Companies Act having its Head Office Near Chakli Circle, Old Padra Road, Vadodara and one of its branch offices at SCO No.132-134, Sector 9C, Chandigarh. The present application has been filed through its Authorized Officer Mr.Mohammad Vajid under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, and for recovery of the said amount through sale of the mortgaged properties, hypothecated assets, and other movable or immovable assets of the defendants, along with costs of the proceedings from defendant Nos.1 to 3 jointly and severally.

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The defendants in the present matter are Mr. Kuldeep Singh (Defendant No.1), Mr. Manmoham Singh (Defendant No.2) andMr. Brij Mohan Singh (Defendant No.3). Defendant Nos.1 to 3 approached the applicant bank at its branch located at SCO No.132-134, Sector 9C, Chandigarh, for financial assistance and submitted a loan application seeking grant of Kissan Cash Credit Facility of Rs.18,00,000/-.Upon consideration of the request of the defendants and evaluation of their credentials, the applicant bank sanctioned Kissan Cash Credit Facility of Rs.22,79,400/- in favour of Defendant Nos.1 to 3 vide sanction letter dated 15.01.2018. In consideration of the sanction of the aforesaid loan facilities, Defendant Nos.1 to 3 executed and delivered various loan and security documents in favour of the applicant bank on 24.01.2018, including Hypothecation Deed and other allied documents acknowledging their liability to

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repay the loan amount together with interest and other charges in accordance with the agreed terms and conditions. The loan amount was agreed to be repaid in accordance with the repayment schedule and subject to payment of interest as stipulated by the bank.

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Further, to secure the loan facility, Defendant Nos.1 to 3 also created a mortgage over immovable property(ies) by way declaration made u/s 4(1) of the Haryana Agriculture Credit Operations & Miscellaneous Provisions (Banks) Act,1973. The said property comprises of land situated at Village Thamber, Tehsil Barara, District Ambala, Haryana, details whereof have been fully described in the schedule of mortgaged property annexed with the Original Application. The charge created in favour of the applicant bank was also duly recorded in the relevant revenue records.

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Notices were issued to the defendants and served effectively against the defendants. Despite sufficient service defendants neither chose to appear nor filed any written statement within the statutory period. Consequently, matter proceeded ex-parte vide order dated 13.05.2025.

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It has been further stated that as per the statement of account maintained by the applicant bank in the ordinary course of its banking business, a sum of Rs.21,37,073.84/-was due and payable by the defendants as on 30.04.2024, inclusive of interest and other charges. The said amount has been duly certified under the Bankers' Books Evidence Act. According to the applicant bank, the cause of action for filing the present Original Application first arose on 01.01.2018, when the loan documents were executed by the defendants, and subsequently on various dates when the defendants committed defaults in

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repayment of the loan amount and failed to comply with the demand and recall notices issued by the bank. The cause of action continues to subsist till the filing of the present application as the defendants have failed to discharge their liability.

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6.^{In these circumstances, the applicant bank has filed the present} Original Application before this Tribunal seeking issuance of a Recovery Certificate for a sum of Rs.21,37,073.84/-along with pendente lite and future interest @11.50% per annum, and for recovery of the said amount through sale of the mortgaged properties, hypothecated assets, and other movable or immovable assets of the defendants, along with costs of the proceedings.

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7.^{Ld. Counsel for the Applicant has filed the evidence in addition} to documentary evidence by way of affidavit and supported the Applicant's pleading. Considering the evidence of Applicant.

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8.^{To substantiate its case, the Applicant Bank has filed the} affidavit of Mr.Mohammad Vajid, presently serving as Authorised Signatory at ICICI Bank Limited, SCO No.132-134, Sector 9C, Chandigarh, who solemnly affirms and states as follows: He is fully aware of the facts of the present case based on the records maintained by the Applicant Bank and is duly authorized and competent to depose to this affidavit, Power of Attorney, Credit Facility Application Form, Sanction Letter, Hypothecation Deed, Declaration, Legal Notice along with postal receipts and Statement of Accounts

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i.^{Power of Attorney, dated 18.09.2019 exhibit A/1}

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ii.^{Credit Facility Application Form, dated 01.01.2018exhibit} A/2

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iii.^{Sanction Letter, dated 1 5 .0 1 .201 8exhibit A/3}

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iv. Hypothecation Deed, dated 24.01.2018 exhibit A/4

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v. Declaration, dated 16.01.2018exhibit A/5

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vi. Legal Notice along with postal receipts, dated 02.08.2024 exhibit A/6

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vii. Statement of Accounts, exhibit A/7

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The witness produced by the Applicant Bank has fully corroborated the averments made in the present OA. In any event, the Applicant Bank's case is primarily document-based, and the witness has duly authenticated all such documents. The evidence presented by the Applicant Bank remains unrebutted, leaving no ground to disbelieve the same. The Applicant Bank has, therefore, established its claim beyond reasonable doubt. In view of the foregoing, the Applicant Bank is entitled to recover the entire outstanding amount along with pendentelite interest and future costs as agreed between the parties. Accordingly, this OA is allowed, as the Applicant Bank has successfully proven its claim beyond any doubt.

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l0.Consequently, OA No.18/2025 is hereby allowed in favour of the Applicant Bank and against Defendant Nos. 1 to 3, who are held jointly and severally liable to pay the dues of the Applicant Bank, along with costs and pendente lite and future interest @11% per annum, as claimed in the OA, from the date of filing of the present OA until full and final payment.

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ORDER

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OA No.18/2025 stands allowed in favour of the Applicant Bank and against Defendant Nos. 1 to 3 who are held jointly and severally liable to pay the outstanding, for a sum of Rs.21,37,073.84/-(Rupees Twenty One Lacs Thirty Seven Thousand Seventy Three and Eighty Four Paisa Only)of the Applicant Bank. Defendants Nos. 1 to 3 are directed to pay, within

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30 days, along with costs and pendente lite and future interest at the rate of 11% per annum, as claimed in the OA, from the date of filing till realization.

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In case of default, the aforesaid amount shall be recovered by sale of the hypothecated/charged stocks, tangible movables, and the available mortgaged properties.

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It is also directed that the Applicant Bank shall adjust the amount(s), if any, received from the defendants during the pendency of this case.

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Further, in case of shortfall, the same shall be recovered from the sale of movable and immovable assets of Defendant Nos. 1 to 3

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i. The recovery certificate be issued forthwith and be sent to the Recovery Office, Debts Recovery Tribunal-II, Chandigarh.

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ii. Parties are directed to appear before the Recovery Officer, DRT-II, Chandigarh on 01.06.2026.

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

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File be closed and consigned to records.

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(Pronounced in open court)

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Dated: 21.04.2026

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(SHIV KUMAR - I) PRESIDING OFFICER, DRT-III, DELHI

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(Additional Charge) DRT-II,CHANDIGARH

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Icici Bank Limited v. Mr. Kuldeep Singh

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Mr. Kuldeep Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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