Allowed

Icici Bank Limited v. Sh. Rajbir

DRT22 Jan 2026OA/784/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's application for recovery of approximately Rs. 36.38 Lacs along with interest against the borrowers and guarantor. The court held the liability to be joint and several and directed the issue of a Recovery Certificate.

What did the court decide?

Allowed recovery of Rs. 36,38,716.28 with interest @12% p.a.; issued Recovery Certificate; directed appearance before Recovery Officer for sale proceeds distribution.

Icici Bank Limited versus Sh. Rajbir — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-II, CHANDIGARH

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BEFORE: A S NARANG, PRESIDING OFFICER

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OA No: 784/2023 Date of Institution: 02.05.2023 Date of Decision: 22.01.2026 ICICI Bank Limited at Ward No. 7, Opposite Civil Hospital, Near New Grain Market, Assandh, District Karnal, Haryana ……..Applicant Vs. 1. Sh. Rajbir S/o Sh. Phul Singh, r./o Village Alewa, Tehsil Alewa, District Jind, Haryana-126111 2. Sh. Raj Kumar S/o Sh. Phulad, r/o Village Alewa, Tehsil Alewa, District Jind, Haryana-126111 3. Sh. Vishav Jeet S/o Sh. lshwar, r/o House No. 386, Village Bahari, Tehsil Assandh, District Karnal, Haryana-132039 …….Defendants Advocates Sh. Himendra Pal Singh, Counsel for the applicant bank Defendants- ex parte OA for the Recovery of Rs.36,38,716.28p with interest @12% per annum with half-yearly rests from 02.05.2023. ORDER 1. ICICI Bank Limited (Applicant Bank) has filed this application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 (RDB Act) for the recovery of Rs.36,38,716.28p with interest against Sh. Rajbir and Others (defendants).

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Bank’s case is that on 20.06.2016, it had granted a loan of Rs.39.53 Lacs to defendant Nos.1 and 2 in the form of KCC Facility for agricultural purpose. Defendant No. 3 stood as guarantor. To secure the loan, defendant Nos. 1 and 2 had mortgaged their property(ies) (fully detailed in para No.3(A) of the application). The loan was chargeable to interest @12% per annum with half-yearly rests. On 21.01.2023, a sum of Rs.36,38,716.28p was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, this application.

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On 29.05.2023, summonses were sent to the defendants by registered post, which were duly served. However, defendants did not put in appearance. Vide order dated 09.10.2023, they were proceeded ex parte .

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4. In order to prove its case, the Bank has placed on record the
affidavit of Sh. Parveen Kumar, Authorised Representative along with
the loan and security documents and marked them as Exhibit A-1 to A-
10.
5. I have perused the evidence on the record. I am of the considered
view that the Bank has proved its case that it had advanced the loan of
Rs.39.53 Lacs and on 21.01.2023, a sum of Rs.36,38,716.28p was due.
6. Accordingly, the application of the bank for the recovery of
Rs.36,38,716.28p (Rupees Thirty Six Lacs Thirty Eight Thousand Seven
Hundred Sixteen and Twenty Eight Paisa Only) with interest @12% per
annum with half-yearly rests from 02.05.2023, till the date of payment is
hereby allowed with costs. The liability of all the defendants would be
joint and several. Bank can recover its dues by the sale of mortgaged
property(ies) fully detailed in paraNo.3(A) of the application as well as

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from the hypothecated/personal movable and immovable property(ies) of the defendants.

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Pending IAs, if any, stand disposed of. 8. Recovery Certificate be issued accordingly. 9. Parties are directed to appear before Recovery Officer on 10.03.2026, who is directed to distribute the sale proceeds of the mortgage property(ies) and standing crops as per the provisions of Section 19(20-AB) of the Act . 10. A copy of this order along with Recovery Certificate be sent to the Recovery Officer as well as the parties. Pronounced in the open Court (A S Narang) Dated: 22.01.2026 Presiding Officer DRT-2, Chandigarh

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(Additional charge)

Icici Bank Limited v. Sh. Rajbir

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Sh. Rajbir

Case brief

What is this about?

What did the court decide?

What the court decided

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