Allowed

Icici Bank Limited v. Mohammad Mudassir

DRT20 Aug 2026OA/380/2025

Case brief

AI extract

What is this about?

Debt Recovery Tribunal allowed applicant bank's original application for issuance of recovery certificate. Court found evidence sufficient to prove loan availment and default despite defendant's absence. Relief granted includes principal sum, interest, and costs.

What did the court decide?

Recovery certificate issued for Rs. 26,35,219.13 + 12% p.a. interest. Defendant personally liable for balance if realization insufficient. Cost of proceedings allowed.

Icici Bank Limited versus Mohammad Mudassir — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 20^th Day of August 2026

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Present: Sri. T. RAJESH

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Presiding Officer

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OA. No.380/2025

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BETWEEN:

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ICICI Bank Limited Bommanahalli Branch, No.4/10, Mythree Tower, Bommanahalli, Hosur Main Road, Bengaluru-560068.

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… APPLICANT

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AND:

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Mr.Mohammed Mudassir Azimuddin R/at No.54, 8^th Main, J P Nagar, 3^rd Phase, Bangalore South-560078. ...DEFENDANT

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Counsel on record/appeared for:

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Applicant : Vidhii Partners Defendant : Exparte

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: FINAL ORDER:

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 for seeking issuance of Recovery Certificate against the defendant for Rs.26,35,219.13/(Rupees Twenty-Six Lakhs Thirty-Five Thousand Two Hundred Nineteen and Paisa Thirteen Only) with

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OA. No.380/2025

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further interest thereon from the date of filing the Application till realization from the Defendant.

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The Defendant availed Rs.25,00,000/- (Rupees Twenty-Five Lakhs Only). Again, the defendant availed Rs.1,00,000/- (Rupees One Lakh Only) towards Personal Loan. The Defendant also executed an ICICI Bank Direct mandate Form.

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It is also the case of the applicant that, in view of the above financed credit facility, the defendant executed necessary loan documents.

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It is further contended that, despite availing the credit facility, agreeing to service the loan amount promptly and regularly, the defendant failed in complying the same, resulting in default in repayment and consequentially turning the loan account as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

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Despite, service of summons on the defendant they failed to appear, resulting the defendant being set exparte on 07.04.2026.

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OA. No.380/2025

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The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A1 to A17 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and proof affidavit.

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The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the OA claim as against the defendant?

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facility as stated in the OA, creation of security interest as claimed by the applicant bank and the defaults committed in the account. The liability of the defendant and the claim of the amount due are also proved by the

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OA. No.380/2025

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above documents. The claim of the applicant is well within the limitation.

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Hence in view of the above findings which cover both the issues raised in this manner, this Tribunal is of the view that OA is liable to be allowed.

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Taking into consideration the facts that the credit facility was availed for Personal Loan, and also that OA claim is arrived at by calculating interest at the agreed rate, as prayed in the OA at the rate of 12% p.a.(simple).

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In the result, OA.No.380/2025 stands allowed,

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i) The applicant is allowed to recover an aggregate sum of Rs.26,35,219.13/- (Rupees Twenty-Six Lakhs Thirty-Five Thousand Two Hundred Nineteen and Paisa Thirteen Only) along with current and future interest of 12% p.a.(simple) from 25.11.2024 till the realization, due as Personal Loan. from defendant after giving credit to the amount recovered and received during the pendency of the OA if any.

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ii) If the sale proceeds are not found sufficient to cover

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the amount due and payable to the applicant bank, the defendant personally and his other assets are liable for all such amounts due in loan accounts.

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OA. No.380/2025

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iii) The applicant bank is allowed cost of the proceeding

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which applicant to file cost memo within 7 days from the date of receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this

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order and transferred to Recovery for execution.

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v) Interim Application pending, if any, stands disposed of with this Final Order.

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14. Communicate a copy of the order to the parties concerned

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in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of

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DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (GS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 20^th Day of August 2026].

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Sd/(T. RAJESH) PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Sri. Harish E, Manager of the applicant bank.

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OA. No.380/2025

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Exhibits on the part of the Applicant:

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Sl. No.	Description of Documents	Date	Exhibit Number
1.	Personal Loan Application form	24.12.2021	A1
2.	Credit Facility Application Form	24.12.2021	A2
3.	The key Fact Statement	24.12.2021	A3
4.	The ICICI Bank Debit Mandate Form	24.12.2021	A4
5.	The Loan Recall notices issued to the Defendant along with an e-postal endorsement	31.10.2023	A5
6.	Ledger Extract bearing No. LPBNG00044981275 and Foreclosure Statement in respect of loan account	25.11.2024	A6 & A7
7.	Personal Loan Application Form bearing No.RIB113462233	08.05.2022	A8
8.	Credit Facility Application Form bearing No.RIB113462233	08.05.2022	A9
9.	Key Fact Statement	08.05.2022	A10
10.	ICICI Bank Direct Debit mandate Form	08.05.2022	A11
11.	Loan Recall notices issued to the Defendant alongwith an e-postal endorsement	30.10.2023	A12
12.	Ledger Extract bearing No.LPBNG00045710036 and Foreclosure Statement in respect of loan account	25.11.2024	A13 & A14
13.	Certificate under Section 2-A of the Banker’s Books Evidence Act,1891	30.12.2024	A15
14.	Consolidate Statement	30.12.2024	A16
15.	Certificate Under Section 63 of The Bharatiya Sakshya Adhiniyam,2023	11.08.2026	A17

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Sd/(T. RAJESH) PRESIDING OFFICER

Icici Bank Limited v. Mohammad Mudassir

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Mohammad Mudassir

Case brief

What is this about?

What did the court decide?

What the court decided

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