ICICI BANK LIMITED vs AVTAR SINGH AND ANOTHER on 22 October 2024

FINAL ORDER

1. Present Transfer Application was instituted by the applicant under Section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993, against the defendants for recovery of Rs.28,74,985.00p (Rupees Twenty Eight Lac Seventy Four Thousand Nine Hundred and Eighty Five Only). The Transfer Application has been filed through Sh. Parveen Kumar, Authorized Signatory of the applicant, who is competent to institute the Transfer Application vide General Power of Attorney dated 09.03.2021, which is Annexure A1 to this TA.

2. The brief facts of the OA are that the defendants had approached the applicant bank for the grant of KCC Limit of Rs.24.90 Lac vide Loan Application dated 06.03.2017, which is Annexure A2 to this TA.

3. The applicant Bank sanctioned the KCC Limit of Rs.24.90 Lac vide Sanction Letter dated 31.03.2017, which is Annexure A3 to this TA and the terms and conditions were duly accepted by the defendants.

4. Defendant no.1 mortgaged his immovable property i.e. total land measuring 65K-04M detailed as:-

a. land measuring 60K- 16½M situated at Village Chakkar-I, Hadbast No.173, Tehsil Jagraon, Distt. Ludhiana b. land measuring 4K- 7½M situated at Village Chakkar-III, Hadbast No.147, Tehsil Jagraon, Distt. Ludhiana Vide Letter to Tehsildar for Creation of Charge vide Registered Mortgage Deed dated 14.06.2017 with its translations, which is Annexure A5 to this TA. Documents executed:- Deed of Hypothecation dated 31.03.2017, which is Annexure A4 to this TA; Legal Notice dated 27.01.2023, which is Annexure A6 to this TA and Statement of Account with Certificate, which are Annexures A7 & A8 to this TA.

5. The loan account became irregular and was classified as NPA and after adjusting debit and credit entries in loan account there was a debit of Rs.28,74,985.00p, which is recoverable and the defendants were served recall notices but they did not repay the outstanding amount, therefore, the applicant requested to accept the application and to issue Recovery Certificate accordingly.

6. The defendants were served notices to appear before this Tribunal but no one appeared on behalf of defendants and they were proceeded ex-parte on 18.10.2024.

7. In support of the OA, affidavit of Sh. Parveen Kumar, Authorized Signatory, ICICI Bank Ltd. has been filed.

8. Heard arguments and perused record.

9. It was argued by learned proxy counsel that in view of the documentary evidence brought on record which had gone unrebutted, the applicant had proved its case. From the perusal of all the Annexures A1 to A8 to this OA, it is proved that the defendants approached applicant for availing of the loan facility which was granted to them and for that they had executed all the relevant documents in favour of the bank. The defendants failed to pay back the loan as per terms and conditions of the agreement between the parties. Subsequently, account of the defendants was classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.28,74,985.00p (Rupees Twenty Eight Lac Seventy Four Thousand Nine Hundred And Eighty Five Only) along with interest from the defendants, jointly and severally, from the date of filing of the present Transfer Application till realization of the account.

10. In so far as pendent elite and future rate of interest is concerned, the applicant in relief clause has claimed interest @11.03%p.a. from 01.01.2023 till the realization.

The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loan and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @8.00%p.a. in the loan account from the date of filing of the TA till realization of the amount ordered vide this final order. It is ordered accordingly.

11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.28,74,985.00p (Rupees Twenty Eight Lac Seventy Four Thousand Nine Hundred And Eighty Five Only) jointly and severally, with costs, current and future simple interest @8.00%p.a. in the loan account from the date of filing of TA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of hypothecated/mortgaged properties of the defendants in execution proceedings if not sold earlier under the provisions of the SARFAESI Act, 2002. If the dues of the bank still remain unsatisfied, it shall be entitled to recover the same by attachment and sale of personal assets of the defendants. The applicant is at liberty to enforce the claim through due process of law.

12. Any other application pending stands disposed of.

13. Issue Recovery Certificate accordingly.

14. Parties to appear before Learned Recovery Officer of this Tribunal on 02.11.2024.

15. Copy of this order be given dasti to the applicant and be sent to defendants through registered/speed post and this order be also uploaded on the official website of this Tribunal and record be consigned. Pronounced by me in the open Tribunal. Dated: 22.10.2024.

(MRIDULESH KUMAR SINGH) Presiding Officer, DRT-III, Chandigarh