Allowed

Icici Bank Limited v. Shreyam Enterprise

DRT17 Feb 2026OA/243/2024

Case brief

AI extract

What is this about?

On an ex-parte Original Application filed by ICICI Bank Limited for recovery of dues, the Debts Recovery Tribunal, lacking any representation from the defaulted borrower, allowed the claim, determined the debt, and issued directions for recovery.

What did the court decide?

Awards recovery of Rs. 22,86,756/00 with future interest; issues Recovery Certificate under S. 19(22) RDB Act; orders sale of assets if dues not paid within 30 days.

Icici Bank Limited versus Shreyam Enterprise — Banking and Recovery | DRT (2026)

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BEFORE THE DEBTS RECOVERY TRIBUNAL-ttI KOLXATA

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PRESENT: -sRI ARBIND MADHAv

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PRESIDING OFFICER Of DRT -II (OLKATA

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ADDITIONAL CHARGE OF DRT -ItI KOLKATA

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O.A. 243 ol 2lJ24

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DATE oF DELTVERY OF ORDER: t7/O212026

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ICICI BANK LIMITED, a company jncorporated under the provisions of the Companies Act, 1956 and a banking company within the meaning of the Banking Regulations Act, 1949 having its Corporate Office at ICICI Bank Tower, Bandra-Kurla Comptex, Mumbai- 4OO 051, India and Registered Office at ICICI Bank Tower, Near Chakli Circle, Old padra Road, Vadodara- 390 007, India and its Branch Office at 3A, Gurusaday Road, Uniworth House, P.S.- Karaya Kolkata, West Bengat- 7OO 019.

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.Applicant.

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-Versus-

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SHREYAM ENTERPRISE THROUGH ITS PROPRIETOR ADHIR KUMAR MONDAL, (PANAUKPM4107G) having its Office at 208/16, Nabanagar, Surjya Sen Sarani, Birati, Kolkata- 700 051 and having its residence at 1 Lane Sarada park Nabanaqar, North Oum Dum, Birati, West Bengal- 700 051.

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... Defendant.

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Counsel for the Applicant Bankt -

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Mr. A. K. Singh, Advocate,

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Set ex-parte on 10/02/2026

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]UDGEMENT

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The Applicant Bank filed the present O.A. being No. O,A,243 of 2024 on 27/O3/2O24 for recovery of a total sum of Rs. 22,a6,756.0O/- (Rupees Twenty Two Lac Eighty Six Thousand Seven Hundred Fifty Six only) from the Defendants towards Loan facilities together with interest, cost and other usual reliefs.

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Ihe Defendants are served with summons. The defendants did not appear, as there was no representation from the defendants, the case was fixed for ex-parte hearing on 10/O2/2026, and heard ex-parte accordanqly.

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The Applicant Bank examined 05 documents through Sri Shamim Aslam, working for a gain at the office of the ICICI Bank Limited, 34, Gurusaday Road, Uniworth House, p.S.Karaya Kolkata, marked as Exhibit Annexure -A to Exhibit Annexure -E,

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Annexure- A- A copy of the Declaration of the Sole^{proprietorship} provided by the defendant to the applicant.

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ii. Annexure- B- A copy of the Preliminary Credit Facility Application Form bearing no. 8100538008 along with the with the KYC document.document.

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8100538008 along with the with the KYC document.document.

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,6"'. Annexure- C- A copy of the Credit Facility Application form dated 06.03,2021 alonq with the key fact statement.

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Annexure- D- Copies of the said notices dated 15.05,2023 along with the postal dispatch receipts.

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Annexure- E- Statement of Account.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arises for constderation is :

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Whether the Applicant Bank is entiued to the ctaim made in the OA against the Defendants and OA schedule properties as prayed for?

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As stated supra, the Defendants remained absent and did not turn up to controvert the version of the O.A. of Applicant Bank. The Evidence Affidavit coupled with the recitals in the documents viz., Exhiblts Annexure -A to Exhlbit Annexure -E marked on behalf of the Applicant Bank, estabiished the claim of the Applicant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are jointly and severally liable to pay to the Applicant Bank the claims made in the OA with future lnterest and costs.

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In the result, the present Original Application is allowed ex-parte with costs, as under:-

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ORDER

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(1) O.A.243 of 2024 filed by the Applicant Bank is allowed and debt is determined with cost against the defendants. It is hereby ordered that Applicant Bank is entitled to recover from the defendants the total amount to the tune of Rs. 22,86,756.00/-^(Rupees Twenty Two Lac Eighty Six Thousand Seven Hundred Fifty Six only) is due and payable as on 13,02.2024 and further interest from 14.02.2024 at the contractual rates with monthly rests till realization of the entire due in full in the said accounts together with interest^pendent lite.

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(2\ Amount, if any, paid by the defendants in the loan accounts or amount, if any, recovered by the Applicant Eank after filing of the O,A, the same be taken into account while arriving at the exact amount of dues/debt^payable by the defendants. Accordingly, pendente lite and future interest shall be calculated on the reduced amount.

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(3) Defendants are debarred from disposing, alienating or dealing with any of the properties belonging to them till the aforesaid decretal debt is recovered from the defendants,

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(4) Defendants are given a time of thirty days from the date^{of theJudgment/Final} Order for repayinq of the above mentioned dues,^{so intimated to them, In case the} defendants fail to^pay the dues within the^{above mentionedtime, theappiicant bankis} entitled to recover its dues by sale of secured^{assets,if any. Applicant bank is also entitled} to^proceed against^{personal propertiesof the defendants(Both movableand immovable)} and also^proceed against the defendants^{personallyto recoverthe dues in accordance with}

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(5) Let the Certaficate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgment for issuance of the same against defendants in favour of the applacant bank under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Certificate.

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(6) Ld Recovery Officer sharr realize the amount as per the Recovery certificate from the defendants rn accordance with law.

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(7) Ld. Registrar of this Tribunal is directed to deliver recovery certifacate in term of the final order/judgment for recovery of the sum against the defendants in ravour of the Applicant Bank under Section 19 (22) of the Recovery of Debts due to the Bank and Financial Institutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act, 1993.

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(B) The parties are directed to appear before the Recovery Officet on 10/03/2026 fot further action in accordance with law in the event the entire amount is not paid by the said date.

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Accordingly, the Original Application being O.A. No. 243 of 2024 is a owed and stands disposed of.

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Copy of the Judgment/Final Order be uploaded in the Tribunal,s website. Fale is consigned to the Record Room.

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(Dictated to steno, transcribed by him, corrected, signed and pronounced by me in the open court on the 17th day of February, 2026)

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. i-t.L'²

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(SRI ARBIND MADHAV) PRESIDING OFFICER OF DRT -II KOLKATA ADDITIONAL CHARGE OF DRT^_III KOLKATA

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Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation)

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CaseNo, O.A.	243of2024	ICICIBankLimitedvs. ShreyamEnterprisa
Dateoforder	Orde	rwithsignature
Order No.12 pt,17/02/2026	Order pronounced (	vtde separate sheets)
	Intheresutt, O.A IssueRecoveryCertificate	, 243of2024 tsafiowed with accordingly.
P9		(ArbindMadhav) PresidingOfficer DRT-2,Kolkata AdditionalCharge OfDRT-3,Kolkata

Icici Bank Limited v. Shreyam Enterprise

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Shreyam Enterprise

Case brief

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What did the court decide?

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