Allowed

Icici Bank Limited v. M/s Jd Enterprises

DRT5 Sept 2026OA/196/2025

Case brief

AI extract

What is this about?

ICICI Bank Limited filed an Origin Application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 against M/s. JD Enterprises and Sanjay Kumar for a defaulted business loan. The loan account turned NPA due to irregular repayment. The Tribunal, proceeding ex-parte against the non-appearance of the borrowings and relied on the Bank's documentary evidence and bank statements under the Banker's Books Evidence Act, determined the debt. The Tribunal allowed the application, determined the recovery certificate, and directed sale of assets if the amount is not paid.

What did the court decide?

The debt of Rs. 31,41,246.20/- along with pendente-lite and future interest @ 10% p.a. simple from the date of filing till realization was determined. Parties were debarred from dealing with charged assets until dues are paid. A Recovery Certificate was issued.

Icici Bank Limited versus M/s Jd Enterprises — Banking and Recovery | DRT (2026)

OA 196 of 20251 Jl

DRT, PATN A

Debts Recovery Tribunal, Patna

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Karpuri Thakur Sadan, Aashiana Digha Road Patna-800025

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Presiding Officer : Shri Kaushalendra Yadav

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OA Case No. 196 of 2025

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

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. . . . . . .Applicant

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1 M/s. JD Enterprises (Borrower), A Proprietorship Firm represented through its Proprietor Mrs. Puja Kumari, D/o Shambhunath Singh, R/o M/40, S Block, Dalmiya Nagar, Sidhauli, Dist.- Rohtas, Pincode821305, Bihar (PAN - HOTPK6585L)

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2 Sanjay Kumar (Co-Borrower), S/o Shambhunath Singh, R/o At- M/40, S Block, Dalmiya Nagar, Sidhauli, Dist.- Rohtas, Pincode-821305, Bihar. (PAN – HMQPK8106L)

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. . . . . . . Defendants

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Present:

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For the Applicant Shri Prabhakar Nath Rai, Advocate For the Defendants Shri Bhagya Narayan Jha, Advocate

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Dated :05.09.2026

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JUDGMENT

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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 12.03.2025 against the defendants to recover its debts from defendants of Rs.31,41,246.20/- as on 14.02.2025 along with pendente-lite and future interest at the contractual rate from 15.02.2025 with costs till realization.

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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.

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The Defendant No. 1 as Proprietorship Firm represented through its Proprietor and Defendant No. 2 in his personal capacity approached the Applicant Bank for sanction of a Business Loan for their Business usage by submitting Application Form bearing no. 1119235 .

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On receiving application form and necessary documents from the Defendants, applicant bank has sanctioned a sum of Rs.40 LaNl and disbursed

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OA 196 of 20251JI

DRT, PATNA

on 23.05.2023 along with interest at 17.50% per annum 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.

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After availing the sanctioned credit facilities, the defendants became irregular in repayment of their 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 02.10.2024.

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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.

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The total liability in the loan account is Rs.31,41,246.20/- as on 14.02.2025 with pendente-lite and future interest contractual rate from 15.02.2025 till the realization.

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This Tribunal issued summons/notices copies of application & paper book to the defendants by registered/speed post on 17.05.2025, requiring them to show-cause within 30 days of the service U/s 19 (4) of the Act & Rule of the DRT [Procedure] Rules, 1993. But the defendants have not appeared9 hen('es the Registry of this Tribunal has ordered to publish the notice in newspaper and subsequently, substituted service by publication of notice by way of advertisement in newspaper was also made against the defendants on 18.12.2025 in “Hindustan Times” and “Dainik Bhaskar” newspapers.

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In response to the notice, the defendant no.2 has appeared by filing vakalatnama dated 01.07.2025. Despite the registered summons/notices and publication of notice in newspaper, the defendant no.1 has not appeared bei)re this Tribunal to contest the case. Hence the defendant no. 1 is proceeded exproceeded ex-parte.

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The defendant no.2 has failed to file his written statement hence opportunity for the same was closed vide order dated 23.04.2026 and an

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}tlllPI :! hUb,d L\tSU PAT I^gII

OA 196 of20251JI

DRT, PATNA

opportunity was given to the defendant no.2 to file rebuttal evidence but the same has also not been filed.

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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, Relationship Manager-Legal of the applicant bank. The details of documents are as follows:

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Description of Documents Photocopies	Date of Execution	Amount (in Lakh	Signature Executants
PowerofAttorne'	08.01.2025		Bank
licationform	23.05.2023	40.00	Defendants
Credit facility applicationform	22.05.2023	40.00	Defendants
Key fact statement and mostimportant information	22.05.2023	e
AllIndiaStandard terms and conditions
Lona recallnotice	30.01.2025
Statement of accounts

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Heard arguments and perused the case record.

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Ld. Counsel of applicant bank submitted that the defendants have taken the loan and utilized the same and also executed the various loan documents to secure the loan. 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.

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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 for9 in OA.

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It has been established that defendants are living and carrying on their 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 B.20 lacs. The

DRT1 PAl-NA

OA 196 of2025jJ I

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.

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On the issue of Limitation, to prove it, the applicant bank has submitted that the applicant bank has declared the account as NPA on 02.10.2024, whereas the present application has been filed on 12.03.2025. 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.

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Shri Ashish Kumar, Relationship Manager-Legal 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.

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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

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of all the documents relied on in support of the claim.

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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.

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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.

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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 same extent as, the original entry itself is noxv by law admissible, but not further or otherwise.

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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

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OA 196 of2025jJI

DRT, PATNA

account, more so since the entries in the statement of account have not been challenged.

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

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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 14.02.2025 has been proved to be Rs.3 1,41,246.20/- only by way of statement of accounts. 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.

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In my view, facts of the case stand proved by evidence of the applicant bank. Accordingly, the applicant bank is entitled to recover from defendants jointly and severally of Rs.3 1,41,246.20/- along with pendente-lite and future interest @ 10% p.a. simple from 12.03.2025 (The date of filing of this OA) till realization. So the final order may be passed accordingly, to meet the ends of Justice.

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ORDER

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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.31,41,246.20/- along with pendente-lite and future interest @ 10% p.a. simple from 12.03.2025 (The date of filing of this OA) till realization of the entire sum due and recoverable with costs.

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

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vN*

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Frest qh. . ’. y DaB Recovery 'f r:own PATNA

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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.

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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 mortgage(i/ hypothecated assets as well as other personal movable/immovable assets of the defendants. However, no proclamation of sale will be issued, if the Defendant/Certi$cate Debtor ensures payment of the certifcate amount in 6 months from the date of demand notice to the Certipcate debtors. The Recovery oacer will issue demand notice to the CertiDcate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted by the applicant. If The Applicant /Certi$cate holder fails to comply with directions of the Recovery Of$cer, the execution may be dismissed for nonprosecution. The copy of this judgment be uploaded in the website of the Tribunal.

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Parties are directed to appear before the Recovery Officer, DRT, Patna on 22.10.2026. The order be communicated accordingly.

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Judgment signed, sealed, dated and pronounced in the open court on 05th day of September, 2026.

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Dictated & corrected by me.

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a [Kaushalendra Yadav] Presiding Officer Debts RqQo_very Tribun41,_Patna

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bb Recovery Tab PAT&A

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[QRNLNa!

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DEBTS RECOVERY TRIBUNAL PATNA

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[See Regulation 24(1 )]

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2nd Floor1 (A. B & F Wing) Karpuri Thakur Sadan, Kendriya Karamchari Parisar (GPOA), Ashiana Digha Road, Patna-800025

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RECOVERY CERTIFICATE UNDER SECTION 19(7) READ WITH $Ee'TIQN 19(B) QF THE RECOVERY OF DEBTS & BANKRUPTC'YA(.'T, 1993, AS AMENDED FROM TIME TO TIME.

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RC No. 252/2026 IN Case No: OA/196/2025

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In the Matter of:

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(CH- 1) ICICI BANK LIMITED ZONAL OFFICE AT 2ND AND 3RD FLOOR GULAB PALACE, NEAR PANCHMUKHI HANUMAN MANDIR, EAST BORING CANAL ROAD.

Applicant(s)

PATNA ,BIHAR -800001

-––- Versus --–-–

(CD- 1) M/S JD ENTERPRISES

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A Propdetorship Firm represented through its Proprietor Mrs. Puja Kumari D/o- Shambhunath Singh R/o- M/40, S Block, Dalmiya Nagar Sidhauli, Rohtas ,BIHAR -82 1305

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Defendant(s)

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(CD- 2) SANJAY KUMAR (CO- BORROWER) S/0- SHAMBHUNATH SINGH R/0- AT M/40 S BLOCK DALMIYA N AGAR SIDHAULI DISTT-

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ROHTAS, PINCODE- 82 1305. BIHAR

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Recovery Certificate for Rs 3141246.20 1 Rupees Thirty One Lakhs Forty One Thousands Two Hundred Forty Six And Paise Twenty onlyJ

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In terms of final order dated 05/09/2026 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. 3141246.20 along with cost, expenses and interest from the 12/03/2025 i.e. date of filing / with effective date of the OA/196/2025 and future interest from order date till the date of realisation in full, jointly or severally from the Certificate Debtors, hereinafter referred to as:-

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cno	CDName	Loan F Type	Int. Int. iType/Mode iRate	IEffective ! Date	Order Date	A„„„„qB-)	fL?:::w	Interest ig;d'.I Date)	A„oIl:(Rs.) 'mark
	ENTERPRISES		o	112/03/2025	15/09/2026	b 141246.20	ointly nd verally	ilnterest on Order Date	141246.2
	ANJAY -MAR (CO- RROWER)		10	E12/03/2025	15/09/2026	b 141246.20	}intly ,nd IIly	lterest on Order	141246.2

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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.

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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.

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Parties are directed to appear before MANOJ KUMAR , Recovery c)nicer, DEBTS RECOVERY TRIBUNAL PATN A on 22/10/2026

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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 Act, 1993 (as amended from time to time) from the above named Certificate Debtors.

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This Certificate has been issued under my signature and seal of the Tribunal on this 09/09/2026

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PRESIDINd/OFFICER DEBTS RECOVERY TRIBUNAL PATNA , D eb J J : aiI T 1E11pI)[F11)tui1x+I

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Debts Recovery Tribunalt Patna rPI aq?t3f'nTa, nRT

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FORM NO. 10 [See Regulation 24(2)]

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DEBTS RECOVERY TRIBUNAL PATNA

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

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 252/2026

Case No: OA/196/2025

Applicant(s): ICICI BANK LIMITED Versus

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Defendant(s): M/S JD ENTERPRISES

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Item ofCosts	I
Feeon theapplication	m3
ProcessFees(Inc.Publication)	ro
AdvocateFees	b
o mmM	[0
lscellaneous Charges	[0
TotalCosts: Rs	m3

Place: PATNA

PRESIDIrh OFFICER

Date: 09/09/2026

DEBTS RECOVERY TRIBUNAL PATNA

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Presiding Vi 3 - ' Note: Strike out whichever is not applicable DobB Recovery TrIb'mw PATNA

Icici Bank Limited v. M/s Jd Enterprises

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. M/s Jd Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

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Case details

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