Allowed

Icici Bank Limited v. Sri Gautam Kumar

DRT20 Jan 2026OA/192/2025

Case brief

AI extract

What is this about?

The court allowed the applicant bank's application under the DRBA,1993 to recover a loan of Rs. 25,20,020.54 from the defaulting respondent. The debt was determined following ex-parte proceedings due to non-appearance

What did the court decide?

Recover Rs. 25,20,020.54 plus interest @ 8.70% p.a. with compounded monthly rests from respondent, attach hypothecated assets and issue recovery certificate.

Icici Bank Limited versus Sri Gautam Kumar — Banking and Recovery | DRT (2026)

OA 192 of20251JI

DRT, PATNA

Debts Recovery Tribunal, Patna

¶5

Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

¶6

Presiding Officer : Shri Kaushalendra Yadav

¶7

OA Case No. 192 of 2025

¶8

ICICI Bank Limited, Zonal Office at 2nd and 3rd Floor, Gulab Palace, Near Panchmukhi Hanuman Mandir, East Boring Canal Road, Patna

¶9

. . . . . . .Applicant

¶10

Vs.

¶11

Sri Gautam Kumar (Borrower), S/o Ram Pravesh Sharma, R/o- VillageBaruane, Post Office- Baruane, Police Station- Bhadaur, Jaa Ji Tola, Near Kishan Bhawan, Patna 803307, PAN No. ETKPK2086R

¶12

. . . . . . . Defendant

¶13

Present:

¶14

For the Applicant Shri Prem Prakash, Advocate For the Defendant None

¶15

Dated:20.01.2026

¶16

JUDGMENT

¶17

The Applicant bank has made this application u/s 19 of the Recovery of Debts and Bankruptcy Act, 1993 (here-in-after referred to as Act) on 20.03.2025 against the defendant to recover its debts from defendant of Rs.25,20,020.54 as on 12.02.2025 along with pendente-lite and future interest at the contractual rate from 13.02.2025 with costs till realization.

¶18

The application has been filed with the contention that the applicant bank, is a body corporate, carries on the business and is competent to file the suit through various branches including the applicant.

¶19

3 . Defendant approached the applicant bank for sanction of Auto Loan of Rs.11.50 Lakh, vide loan application dated 11.11.2022 for purchase of new Hyundai Make Creta Model Vehicle for his personal use, which was sanctioned by the applicant bank on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendant. To secure the loan facility defendant has executed various loan and security documents and also hypothecated the vehicle in favour of the applicant bank, details of which are given in OA.

¶20

q/$\ r,„,tang OP'+ Deb; loco; ;' Tribund P J ' i'

DRT, PATNA

OA 192 of 2025[JI

Defendant again approached the applicant bank for sanction of another Auto Loan of Rs.19 Lakh, vide loan application dated 13.10.2023 for purchase of new Mahindra make Scorpio/Classic SII model Vehicle for his personal use and after due consideration, the applicant bank has sanctioned another auto loan of Rs.18 Lakh on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendant. To secure the loan facility defendant has executed various loan and security documents and also hypothecated the vehicle in favour of the applicant bank, details of which are given in OA.

¶25

After availing the sanctioned credit facilities, the defendant became irregular in repayment of the dues as per agreed terms and failed to adhere to the financial norms of the bank and avoiding the repayment of its dues to the bank, in spite of several assurances given by it to the applicant bank resulting in the account turning as NPA on 06.08.2024.

¶26

Since, the defendant 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.

¶27

The total liability in the loan account is Rs.25,20,020.54 as on 12.02.2025 with pendente-lite and future interest contractual rate from 13.02.2025 till the realization.

¶28

This Tribunal issued summon/notice copies of application & paper book to the defendant by registered/speed post on 15.04.2025, requiring him to show-cause within 30 days of the service U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules, 1993. Notice was also served by hand delivery and photograph of the same is also annexed with the service report.

¶29

Despite the service of registered summon/notice, the defendant has not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendant to defend the case, but he failed to appear and to file WS, hence, the Tribunal has passed an order to proceed ex-,parte against the defendant on 14.08.2025

¶30

\ bhP\ P?atIBnB Often Debts Recovi* VribunB) El 1

OA 192 of 2025jJI

DRT, PATNA

To prove its case, the applicant Bank has referred various certified photocopies of documents before this Tribunal. The applicant bank has also given evidence on affidavit by way of affidavit by Shri Ashish Kumar, Authorized Signatory of the applicant bank. The details of documents are as follows:

¶35

Sl.No	Description of Documents Photocopies	Date of Execution	Amount (in Lakh	Signature Executants of	1Ex./ Ann No.
	Powerofattorne'	08.01.2025		Bank
	Loanapplication	11.11.2022		Defendant
	Credit facility application form Unattesteddeedof hypothecation Key fact statement	23. 11.2022 21.11.2022	11.50	Defendant
4	Loan application form	13.10.2023		Defendant	4
5	Credit facility applicationform Unattesteddeed of hypothecation Key fact statement	21.10.2023 19. 10.2023	18.00	Defendant	5
6	All-India Standard Terms and conditions				6
7	Copy of registration certificate				7
	Loan recallnotice	30.01.2025
	Statementof accounts

¶36

Heard arguments and perused the case record.

¶37

Ld. Counsel of applicant bank submitted that the defendant has taken the loans and utilized the same and also executed the loan documents to secure the loans. Further, submitted that the claim of the bank has been proved by documentary evidence. All the transactions were entered in the ledger of the loan accounts in the name of the defendant duly maintained by the applicant bank in its usual course of business. The interest /compound interest has been charged at such rates, and capitalized at such periodical rests as are permitted by and do not run counter to the directives of Reserve Bank of India.

¶38

\a \ <br>

¶39

D eb :: :: ::nJ # f) J15q ::=tEIEI1I111 1 , ; Ii . )

OA 192 of20251JI

DRT, PATNA

It is further submitted by Id. Counsel of applicant bank that there is no stay granted by any Higher Court, in respect of the proceedings of the present OA and requested to issue recovery certificate, as claimed for, in OA.

¶45

It has been established that defendant is living and carrying on the business in the state of Bihar. Cause of action also arose in the State of Bihar. The said claim on the date of filing of application exceeded Rs.20 lacs. The applicant bank is functioning within the jurisdiction of this Tribunal. Therefore, this Tribunal has territorial as well as pecuniary jurisdiction to adjudicate upon the present application.

¶46

On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 06.08.2024, whereas the present application has been filed on 20.03.2025. Even, it is counted for the purpose of Limitation, then it is established that the applicant bank has filed the case within the limitation period. As such, it is established that the present application has been filed well within the period of limitation.

¶47

13 . Shri Ashish Kumar, Authorized Signatory of the applicant bank has filed the affidavit in support of contents of application and the documents as evidence and proved on oath the pleadings and documents of the applicant bank as stated above.

¶48

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.

¶49

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.

¶50

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.

¶51

Section 4 of Banker’s Books evidence Act, 1891 runs as under-

¶52

%)\ \ ) ab = !!1:: 1 1pp11P a][] 1 1 : : 1 U ! ! J pj\T J I,

OA 192 of 20251JI

DRT, PATNA

S.4. Mode of proof of entries in bankers’ books.–Subject to the provisions of this Act, a certifed copy of any entry in a banker’s book shaH 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 same extent as, the original entry itself is now by /atv admissible, but not further or otherwise.

¶57

As such the certified true copies of the documents are admissibld 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 account, more so since the entries in the statement of account have not been challenged.

¶58

15 . On perusal of the application, documents, affidavit and on consideration of the arguments, it is proved that the defendant has applied for loans and the bank had sanctioned the loans and to secure the loan and for repayment of loan amount with interests etc., the defendant has executed loan documents, as stated in the application and proved by aforesaid evidence. Defendant has neither denied the utilization of funds advanced by applicant bank nor has pointed out any specific error and discrepancy in the Statement of Account.

¶59

The evidence discussed above goes to establish that the amount of loan as mentioned in the O. A., was availed by the borrower under the agreed terms and conditions for repayment with interest. The balance amount till 12.02.2025 has been proved to be Rs.25,20,020.54 only by way of statement of accounts and evidence on affidavit. There is nothing to prove the amount more than that disclosed in the aforementioned statement. As such this amount is recoverable till full and final realization of the claim.

¶60

In my view, facts of the case stand proved by evidence of the applicant bank. Accordingly, the applicant bank is entitled to recover nom defendant of Rs.25,20,020.54 along with pendente-lite and future interest @ 8.70% p.a. with compounded monthly rests from 20.03.2025 (The date of filing of this OA) till realization. So the final order may be passed accordingly, to meet the ends of justice.

¶61

ORDER

¶62

In the result, the application of the applicant bank is allowed and debt is determined with costs against the defendant. The defendant is hereby, ordered to pay the applicant bank its debt amounting to Rs.25,20,020.54 along with pendente-lite and future interest @ 8.70% p.a. with compounded monthly rests

¶63

aea: OP„i )ebb 3(,COV„. ':rib IUla v ) \i

OA 192 of20251JI

DRTq PATNA

from 20.03.2025 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

¶69

It is made clear that any amount deposited by the defendant, be deducted in the claim amount, if not deducted.

¶70

Defendant is debarred aom 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.

¶71

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 defendant, by sale of mortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendant. The Recovery Officer will issue demand notice to the Certificate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted. The copy of this judgment be uploaded in the website of the Tribunal.

¶72

Parties are directed to appear before the Recovery Officer, DRT, Patna on 27.02.2026. The order be communicated accordingly.

¶73

Judgment signed, sealed, dated and pronounced in the open court on 20th day of January, 2026.

¶74

Dictated &corrected by me.

¶75

¶76

raYadav] Presiding Officer D'bt;R£'EY%TIe=’

¶77

FORM NO. 9 [See Regulation 24(1)]

¶78

DEBTS RECOVERY TRIBUNAL PATNA

¶79

2nd FU,>orI (A. B & F Wing) Karplui Thakur Sadan> Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.

¶80

RECOVERy eERTIFICATE UNDER SECTION 19(Z) READ WITH SECTIQN 19(m OF DEBTS & BANKRUPTCY ACT, 1993, AS AMENDED FROM TIME TO TIME.

RC No. 24/2026

Case No: OA/192/2025

In the Matter of: (CH- 1) ICICI BANK LIMITED ZONAL OFFICE AT 2RD AND 3RD FLOOR, GULAB PALACE, NEAR PANCHMUKHI HANUMAN MANDIR, EAST BORING CANAL ROAD, PATNA ,BIHAR -800001

¶85

Applicant(s)

¶86

To, (CD- 1) SRI GAUTAM KUMAR S/o Ram Parvesh Sharma R/o- Village - Baruane, Post Office - Baruane, Defendant(s) Police Station- Bhadaur, Jaa Ji Tola, Near Kishan Bhawan, Patna ,BIHAR -803307

¶87

&cayIEy C'Qrtifigate for R$ 2520020.54 [JIBjy FiYe Lakh s Twenty TIIQU sands TwentyAMb£

¶88

Fifty Four OnI}LI

¶89

In terms of final order dated 20/01/2026 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. 2520020.54 along with cost, expenses and interest from the 20/03/2025 i.e. date of filing / with effective date of the OA/192/2025 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

¶90

r.nolCD N e	[Loan:I le	Int lode	Effective Date	Order Date	,mount(Rs.)	iabiIity he	e 'asO trder	RC jlAmount(Rs.)	Remark
SRI iAUTAM KUMAR		ICompound il il8.70 l I(Monthly ) iI	l20/03/2025l2	0/01/2021	:520020.54	?ully	Interest on IOrder Date	l2520020.54

¶91

In case of failure to pay the aforementioned adjudicated amount within 30 days, same shall be recovered from the sale of the mortgaged/hypothecated assets as well as other personal movable/ Immovable assets of the certificate debtors.

¶92

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 ASHISH KUMAR , Recovery Officer, DEBTS RECOVERY TRIBUNAL PATNA on 27/02/2026.

¶93

The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Sections 25 to 28 of the Rec6very of Debts Due to Banks and Financial Institutions Act, 1993 (as amended from time to time) from the above named Certificate Debtors.

¶94

This Certificate has been issued under my signature and seal of the Tribunal on this 29/01/2026

¶95

ev Registrar %IS.Red;very TrtbaR81 \ edna

¶96

¶97

¶98

PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL PATNA

¶99

Prast€BR8 OPen ic)bt. Recov'I'' TrIbunal tF\R

¶100

FORM NO. 10

¶101

¶102

[See Regulation 24(2)]

¶103

DEBTS RECOVERY TRIBUNAL PATNA

¶104

2nd Floor, (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025.

¶105

SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 24/2026

Case No: OA/192/2025

Applicant(s): ICICI BANK LIMITED Versus

¶110

Defendant(s): SRI GAUTAM KUMAR

¶111

Sr. No	lem ofCosts	I Amount inRs
	)	m2
2	r	[0
3	V	r)
	o mmifr-in	[0
		ro
	'otal Costs:Rs	m2

¶112

Place: PATNA

¶113

PRESIDING (MICER DEBTS RECOVERY TRIBUNAL PATNA PresIding Omen

¶114

Date: 29/01/2026

¶115

Note: Strike out whichever is not applicable

¶116

job F =eco'.- ' , '--tlbwla1 P/L= - J/ -

Icici Bank Limited v. Sri Gautam Kumar

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Sri Gautam Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Indian Bank versus Shri Deot Sidh Balaji Coals Private Limited and Others

Indian Bank versus Messers Jaggi Cement Store Building Material and Others

Canara Bank versus M/S Desert Rose Designs

Uco Bank versus Mahender Singh (deceased)

Canara Bank versus Fatehbir Singh

Canara Bank versus Amarendranath Biswas and Anr.