ICICI BANK LIMITED vs MANISHA AJAY SOOD on 23 March 2026

**FINAL ORDER**

This original application has been filed by the applicant bank on 04.01.2021 before DRT-III Delhi and then transferred to DRT-I, Delhi under Section 19 of Recovery of Debts Due to Banks and Financial Institutions, 1993 against the defendant for recovery of a sum of Rs.32,75,913.37 (Rupees Thirty Two Lacs Seventy Five Thousand Nine Hundred Thirteen & paisa *Sd-*

Thirty Seven only) as on 05.11.2020 along with pendenteleite and future interest @11.29% per annum from the date of filing of this application till the date of realization along with costs.

2. The brief facts of the case are that on the request of the defendant, the applicant bank sanctioned Personal Loan facility for a sum of Rs.40,00,000/- (Rupees Forty Lacs only) on 21.06.2017 and disbursed an amount of Rs.21,14,905/- to M/s TATA Capital Financial Services Ltd. as per request of defendant and an amount of Rs.16,32,941/- in the account of defendant's account with HDFC Bank Ltd. @11.29% rate of interest per annum to be repayable in 60 Equated Monthly Installments of Rs.87,931/-. The defendant also agreed to pay penal interest @24% per annum in case of default or delay in repayment as per sanction terms.

3. In order to avail the loan facility, the defendant submitted loan application dated 20.06.2017 and executed Credit Facility Application along with Terms and Conditions on 20.06.2017 with applicant bank.

4. It has been submitted by the applicant bank that after availing the loan facility, the defendant failed to comply with the terms and conditions and failed to regularize the account with the applicant bank. Ultimately, the applicant bank issued legal notice dated 15.01.2020 but defendant failed to regularize the account and hence the applicant bank has approached this Tribunal for recovery of their dues.

5. Notices of this O.A. were issued to the defendant and despite of proper service, the defendant has chosen to absent from the proceedings. As per order dated 11.12.2025, defendant has been proceeded ex-parte as not appeared Sd- before the Tribunal and even written statement, evidence and affidavit of assets have not been filed by the defendant.

6. In order to prove its case, the applicant bank has filed its evidence by way of affidavit of Sh.Nitesh Vashisht, authorized representative of the applicant bank, who has proved the documents such as Power of Attorney, Credit Facility Application along with Terms and Conditions of the Loan, Loan Recall Notice, Postal Receipts, Statement of Account marked as Ex.AW1/1 to Ex.AW1/5.

7. The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly approved.

8. The case filed by the applicant bank gone unrebuted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

9. In the light of the above discussions, the Original Application deserves to be allowed.

**ORDER**

I, allow this OA and direct the defendant to pay to the applicant bank within a period of 30 days, a sum of Rs.32,75,913.37 (Rupees Thirty Two Lacs Seventy Five Thousand Nine Hundred Thirteen & paisa Thirty Seven only) as on 05.11.2020 together with pendentelite and future interest @11.29% per annum with monthly rests from the date of filing this application till the date of realization and costs; failing *Sd-*

which the aforesaid amount shall be recovered from the sale of movable and immovable properties of the defendant.

(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 22.05.2026.

(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

*Sd-* *20.2.26* **(GOVIND BALLABH SHARMA)** **PRESIDING OFFICER** **DRT-I, DELHI**

(Dictated and pronounced in open court) Dated: 23.03.2026