Allowed

Icici Bank Limited v. Anil Kumar Gupta

DRT5 Sept 2026OA/298/2025

Case brief

AI extract

What is this about?

In OA 298 of 2025, ICICI Bank Limited filed an application under Section 19 of the RDB Act against Anil Kumar Gupta and Vishal Kumar for recovering dues of approximately Rs. 1.24 crore arising from two Loans Against Property. The defendants did not appear. The Tribunal upheld the bank's claim based on documentary evidence and an affidavit of the bank's manager, relying on the Banker's Books Evidence Act for admissibility of account statements. The court determined the debt and directed the issuance of a Recovery Certificate.

What did the court decide?

Ordered payment of Rs. 1,24,66,584.56 with pendente-lite and future interest @ 10% p.a. from 29.04.2025 till realization. Issued Recovery Certificate under Section 19(22) directed for recovery via Recovery Officer.

Icici Bank Limited versus Anil Kumar Gupta — Banking and Recovery | DRT (2026)

OA 298 of20251Jl

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 OA Case No. 298 of 2025

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ICICI Bank Limited, Zonal office at 3rd Floor, Gulab Palace, Roop Alankar Jewellery, East Boring Canal Road Patna 800001

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. . . . . . .Applicant

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Anil Kumar Gupta, (Borrower), S/o Ashok Kumar, Address- Ward No.- 8, Sugauli Bazar, Sugauli, Motihari, East Champaran, Bihar845456, PAN- ANSPG4334N

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Vishal Kumar (Co-Borrower), S/o Ashok Kumar, Address- Ward No.8, Sugauli Bazar, Sugauli, Motihari, East Champaran, Bihar - 845456. PAN- ITYPK1823G

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. . . . . . . Defendants

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Present:

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

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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 29.04.2025 against the defendants to recover its debts from defendants of Rs.1,24,66,584.56 as on 13.02.2025 along with pendente-lite and future interest at the contractual rate from 14.02.2025 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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3 . Defendant no. 1 and defendant no. 2 jointly approached the applicantbank on 17.10.2020 by submitting Application Form no.7728087492 for sanction of Loan Against Property (LAP) against mortgage of their immovable property. Based on the request made by the defendants, the applicant bank has sanctioned loan for a sum of Rs.84 Lakh and disbursed on 31.10.2020on various terms and conditions, as stipulated in the sanction letter, which were duly accepted by the defendants, ities defendants have

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Prestd:„: Omen Debts Recov=r/ Ta’)an•t PATNA

OA 298 of20251JI

DRT, PATNA

executed various loan and security documents and also created mortgage in favour of the applicant bank, details of which are given in OA

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The defendants again approached the applicant-bank on 19.01.2023 by submitting Application Form no.772 14546335 for sanction of another Loan Against Property (LAP) against mortgage of their immovable property, Based on the request made by the defendants, the applicant bank has sanctioned loan for a sum of Rs.48 Lakh on 18.02.2023 and disbursed on 22.02.2023 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 and also created mortgage 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. The defendants have lastly made payment in the loan accounts on 28.01.2025, thereby acknowledging their debts.

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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.1,24,66,584.56 as on 13.02.2025 with pendente-lite and future interest contractual rate from 14.02.2025 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 24.05.2025, 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 hence9 the Registry of this Tribunal has ordered to publish the notice in newspaper and subsequently, substituted service by publication of notice by way of

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D8bt8 Rec UT - } A'l I

OA 298 of2025jJI

DRT, PATNA

advertisement in newspaper was also made against the defendants on 20.08.2025 in “Hindustan Times” and “Hindustan” newspapers.

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Despite the registered summons/notices and publication of notice in newspaper, the defendants have not appeared before this Tribunal to contest the case. The sufficient time has been given to the defendants to defend their case, but they failed to appear and to file WS, hence, the Tribunal has passed an order to proceed ex-parte against the defendants on 13.01.2026.

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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, Manager 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
ADDlicationform	17.10.2020	m5fo	Defendants
Facili' 'eement	9	84.00	Defendants
Photocopy deed
Application form	19.01.2023	100.00	Defendants
Facility agreement cum standardterms and conditions	20.02.2013	48.00	Defendants
ValuationreDort
Loan recallnotice	24.01.2025
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 for, in OA.

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\4q/ \ ;}l_ O$'icet Deb,= hcc oy:r)' Tribun•> FATNA

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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 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.

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On the issue of Limitation, to prove it, the applicant bank has submitted that the defendants have lastly made payment in the loan accounts on 28.01.20259 thereby acknowledging their debts, whereas the present application has been filed on 29.04.2025. 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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13 . Shri Ashish Kumar, Manager 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 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. 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 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 law admissible, but not further or otherwise.

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As such the certified true copies of the documents are admissible in

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evidence. The statement of account maintained in the ordinary course of

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Q4 Presiding Ofice1 t).:L' - ReGal eP! Tl£3Wrr FATNA

DRTq PATNA

OA 298 of 20251JI

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.

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15 . 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 13.02.2025 has been proved to be Rs.1,24,66,584.56 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.1,24,66,584.56 along with pendente-lite and future interest @10% p.a. with compounded monthly rests from 29.04.2025 (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.1,24,66,584.56 along with pendente-lite and future interest @ 10% p.a. with compounded monthly rests from 29.04.2025 (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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Defendants are debarred from transferring, alienatihg 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 mortgage(1 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 ofmortgaged/ hypothecated assets as well as other personal movable/immovable assets of the defendants. The Recovery OffIcer will issue demand notice to the Cert$cate debtors only after the proof of compliance under rule 16 of DRT (Procedure) Rules 1993, is submitted by the applicant. If The Applicant /Certificate holder fails to comply with directions of the Recovery Officer, the execution may be dismissed for non-prosecution. 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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at [KaushalendraYadav] Presiding Officer Debts Recovery Tribunal, Patna

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Prd5ldin jlc,I Debt8 P.3== ,' :bun&I

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

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DEBTS RECOVERY TRIBUNAL PATNA

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

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RECOVERY eERTIFI(.-ATE UNDER $E(.'TIQN 19(2) READ WITH $EQTION 19(12) OF THE RECOVERY OF DEBT$ & BANKRUPTCY ACT, 1993, A$ AMENDED FROM TIME TO TIME.

RC No. 270/2026

Case No: OA/298/2025

In the Matter of: (CH- 1) ICICI BANK LIMITED ZONAL OFFICE AT 3RD FLOOR. GULAB PALACE, ROOP ALANKAR JEWELLERY, EAST BORING CANAL ROAD, PATNA ,BIHAR -800001

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Applicant(s)

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(CD- 1) ANIL KUMAR GUPTA

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Ashok Kumar

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Address Ward No. 8, Sugauli Bazar, Sugauli, Motihari. Purba Champaran ,BIHAR -845456

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Defendant(s)

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(CD- 2) VISHAL KUMAR (CO-BORROWER) S/0 ASHOK KUMAR, ADDRESS- WARD NO- 8, SUGAULI BAZAR. SUGAULI MOTIHARI, EAST CHAMPARAN BIHAR- 845456 PAN- ITYPK1823G

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Recovery Certificate for Rs 12466584.56 1 Rupees One Crore Twenty FQur Lakhs $ixty Six Thousands Five Hundred EigUy Four And Paise Fifty Six Only_I

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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. 12466584,56 along with cost, expenses and interest from the 29/04/2025 i.e. date of filing / with effective date of the OA/298/2025 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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reno	CDName	Int. Type;Type/Mode	Int. IRate	IEffective '!Date	Order Date	nount(IE1:bs+)	1L%:1:t][	Interest (ason Order Date)	RC FAmount(Rs.)	IRemark
	NILKUMAR A	Id :Monthly)	10		!026	112466584.56
	}{A1+ .UMAR(CO- ORROWER)	lpound Interest }(Monthly)	10	)/04/2025	105/09/2026	1 12466584.56	lointly iSeveraUy		12466584.56

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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 mortgdged 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 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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Debts Recovery Tribunal, Patn8 %VTTpP'*'

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FORM NO. 10

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[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

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(GPOA), Ashiana Digha Road, Patna-800025 .

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SCHEDULE TO RECOVERY CERTIFICATE MEMO OF COSTS

RC No. 270/2026

Case No: OA/298/2025

Applicant(s): ICICI BANK LIMITED Versus

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Defendant(s): ANIL KUMAR GUPTA

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Item ofCosts	I
Feeon theapplication	127000
o	ro
AdvocateFees	[0
Commissioner/Receiver/Valuation/SecurityFee	A
me	Fo
TotalCosts:Rs.	127000

Place: PATNA

PRESIDING OFFICER

Date: 09/09/2026

DEBTS RECOVERY TRIBUNALPW#.

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Vle

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Note: Strike out whichever is not applicable

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DebT,iR, '- - -V THt'

Icici Bank Limited v. Anil Kumar Gupta

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Anil Kumar Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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Case details

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