Allowed

Icici Bank Limited v. Sudhanva Singh

DRT11 Jun 2026OA/636/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of Rs. 33,09,989/- from borrowers who defaulted on a KCC facility. The tribunal held the borrowers jointly liable and issued a recovery certificate against their mortgaged and personal assets.

What did the court decide?

Joint and several liability to pay Rs. 33,09,989/- plus future interest at 10%, costs, and a recovery certificate issued for enforcement against mortgaged and personal assets.

Icici Bank Limited versus Sudhanva Singh — Contract and Commercial Disputes | DRT (2026)

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“ORIGINAL APPLICATION” No. 636 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 636 OF 2024

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DATE OF DELIVERY OF ORDER 11.06.2026

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ICICI Bank Limited, Registered Office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodara - 390007, Gujarat and Branch Office at JSEL Building, 3rd Floor, Behind Gaurav Tower, JLN Marg, Malviya Nagar, Jaipur, through its Authorized Signatory Mr. Abhishek Tulsian.

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…..Applicant Bank…..

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VERSUS

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1. Sudhanva Singh S/o Sh. Vijay Bahadur Singh R/o Chohtak Pass, Village Para, District Ajmer - 305408, Rajasthan.

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2. Smt. Hanskanwar W/o Sh. Sudhanva Singh R/o Chohtak Pass, Village Para, District Ajmer - 305408, Rajasthan.

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3. Pukhraj Singh S/o Sh. Sudhanva Singh Rajhori R/o Chohtak Pass, Village Para, District Ajmer - 305408, Rajasthan.

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……Defendants…..

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Counsel for the Applicant Bank Sh. Vineet Sharma Defendants Ex parte

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Order signed & uploaded on 12.06.2026.

OA No. 636 of 2024

JUDGMENT

This Original Application was filed by the applicant bank on 30.03.2024 for recovery of outstanding amount of Rs. 33,09,989/- from the Defendants.

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As per the pleadings, Defendants as Borrowers and CoBorrowers had approached the applicant bank for availing Credit facility in the form of KCC facility.

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After due consideration, the said credit facility was sanctioned by the Applicant Bank in favour of Defendants in the year 2019 vide sanction letter dated 31.12.2019 for a total sum of Rs. 27,50,000/-.

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It is submitted that to secure the above loan facility the Defendants specifically agreed to mortgage the immovable property.

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It is submitted that the Defendant made a payment towards the loan account on 02.11.2021, thereby acknowledging the debt. Accordingly, this OA is well within the limitation.

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Defendants failed to maintain financial discipline and therefore, their loan account was classified as NPA. Applicant Bank has therefore, filed this original application for recovery of its dues against the Defendants.

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Summons were issued to the Defendants on 01.07.2024. The Applicant Bank filed affidavit of service dated 02.05.2025. Despite service none were appeared on behalf of the Defendants, therefore, they were proceeded ex-parte vide order dated 13.05.2025.

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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Heard arguments and perused the record.

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As stated supra, the Applicant Bank filed the evidence affidavit of Shri Abhishek Tulsian coupled with the recitals in the documents, viz Exhibit Aw/1 to Aw/7 marked on behalf of the applicant bank, clinches the claim of the applicant bank against the Defendants. Hence, I hold that the Defendants are jointly & severally liable to pay to the applicant bank the claim made in O.A. with future interest and costs.

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In the result, this O.A. No. 636 of 2024 is allowed declaring that: -

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 33,09,989/- (Rupees Thirty Three Lac Nine Thousand Nine Hundred Eighty Nine only) with pendente lite and future interest @ 10% (simple) from 10.01.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged/charged property

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Description of Mortgaged	Admeasuring
Property Area
Khata No. 851, Khasra No. 1187 to 1190	7.27 hectare.
and 1665 at Village- Para, Tehsil Kekri,
District Ajmer - 305408, Rajasthan - in the
name of defendant no. 1.

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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11.The recovery certificate be issued forthwith and be sent to the Recovery Officer, DRT, Jaipur.

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12.Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 24.07.2026 .

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13.Prepare Recovery Certificate accordingly.

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14.A copy of the Judgment and Recovery Certificate be given or sent by registered post to each of the parties free. A copy of the Recovery Certificate be sent to the Recovery Officer of this Tribunal for necessary action as per the law.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order pronounced in the open court today i.e. 11.06.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 636 OF 2024

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DATE OF DELIVERY OF ORDER 11.06.2026

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RECOVERY CERTIFICATE

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(UNDER SUB Section 22 of the Recovery of Debts due to Banks and Financial Institutions Act, 1993 (Act 51 of 1993)

…..Applicant Bank…..

VERSUS

1. Sudhanva Singh S/o Sh. Vijay Bahadur Singh R/o Chohtak Pass, Village Para, District Ajmer- 305408, Rajasthan.

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2. Smt. Hanskanwar W/o Sh. Sudhanva Singh R/o Chohtak Pass, Village Para, District Ajmer- 305408, Rajasthan.

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3. Pukhraj Singh S/o Sh. Sudhanva Singh Rajhori R/o Chohtak Pass, Village Para, District Ajmer-305408, Rajasthan.

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……Defendants…..

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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Recovery Certificate for Rs. 33,09,989/-

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In terms of final order dated 11.06.2026 passed by this Tribunal in the above mentioned case, it is ordered that the-

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a) The Defendants are jointly & severally liable to pay to the applicant bank a sum of Rs. 33,09,989/- (Rupees Thirty Three Lac Nine Thousand Nine Hundred Eighty Nine only) with pendente lite and future interest @ 10% (simple) from 10.01.2024 till the date of realization.

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b) The applicant bank is entitled to recover the above amount from the sale of hypothecated assets and mortgaged/charged property

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Description of Mortgaged	Admeasuring
Property Area
Khata No. 851, Khasra No. 1187 to 1190	7.27 hectare.
and 1665 at Village- Para, Tehsil Kekri,
District Ajmer - 305408, Rajasthan - in the
name of defendant no. 1.

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as well as from the personal movable and immovable properties/assets of Defendants. The applicant bank is entitled to proceed against the same towards recovery of its debt.

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c) The applicant bank is entitled to the costs of the O.A.

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Parties are directed to appear before the Recovery Officer, DRT, Jaipur on 24.07.2026 .

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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The Recovery Officer shall realize the amount as per this Certificate in the manner and mode prescribed under Section 25 and 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 Debtor.

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This Certificate has been issued under my signatures and seal of the Tribunal on this 11.06.2026 .

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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BEFORE THE DEBTS RECOVERY TRIBUNAL, JAIPUR

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PRESENT- SHRI VIMAL GUPTA

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PRESIDING OFFICER

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O.A. NO. 636 OF 2024

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DATE OF DELIVERY OF ORDER 11.06.2026

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SCHEDULE TO RECOVERY CERTIFICATE

MEMO OF COST

…..Applicant Bank…..

VERSUS

1. Sudhanva Singh S/o Sh. Vijay Bahadur Singh R/o Chohtak Pass, Village Para, District Ajmer- 305408, Rajasthan.

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2. Smt. Hanskanwar W/o Sh. Sudhanva Singh R/o Chohtak Pass, Village Para, District Ajmer- 305408, Rajasthan.

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3. Pukhraj Singh S/o Sh. Sudhanva Singh Rajhori R/o Chohtak Pass, Village Para, District Ajmer-305408, Rajasthan.

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……Defendants…..

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Order signed & uploaded on 12.06.2026.

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OA No. 636 of 2024

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S. No.	Item of Costs	Amount (Rs.)
1	Fee on the Application	36,000.00
2	Process Fee (Inc. Publication)	106.00
3	Advocate Fee	1,250.00
4	Court Commissioner’s Fees	NIL
5	Commission/Receiver/Valuation	NIL
6	Miscellaneous Charges	NIL
	Total	37,356.00

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 12.06.2026.

OA No. 636 of 2024

11.06.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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Judgment dictated separately and pronounced in the open court. As per order the O.A. is allowed. Recovery Certificate be prepared accordingly and the Registry is directed to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024 and after verification place the same before the Tribunal.

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(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 12.06.2026.

OA No. 636 of 2024

11.06.2026

Counsel:

Sh. Vineet Sharma, Counsel for Applicant Bank Defendants are ex-parte

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The Tribunal vide order dated 11.06.2026 , directed the Registrar to verify the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024.

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The Registrar vide order dated 11.06.2026 verified the Recovery Certificate as per Regulation 22(1) of Debts Recovery Tribunal Regulation 2024. Recovery Certificate be prepared accordingly. Copy of the Judgment and Recovery Certificate be given free to the concerned parties as well as be sent to the Recovery Officer for further proceedings. File be put up before the Registrar for compliance. After compliance file be consigned to record.

¶117

(Vimal Gupta) Presiding Officer, Debts Recovery Tribunal, Jaipur

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Order signed & uploaded on 12.06.2026.

Icici Bank Limited v. Sudhanva Singh

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Sudhanva Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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