ICICI BANK LIMITED vs M/S ASHA SAREE SANSAR & ORS on 13 February 2026

JUDGEMENT

1. The Applicant Bank fited an O,A. No. 647 of 2011 before DRT _2. Kolkata on 08/04/2OlL, Subsequently, transferred to DRT -3 Kolkata being re number as TA No. TN9A4/2O14 on 16/12/20L4 for recovery of a total sum of Rs. 1g,83,9oa.oo/- (Rupees Eighteen Lac Eighty Three Thousand Nine Hundred Eight only) from the Defendants towards Over Draft Loan Facilities together with interest, cost and other usual reliefs.

2. The Defendants are served with summons. The defendants did not appear, as there was no representatlon from the defendants, the case was fixed for ex-parte hearing on 04/02/2026, and heard ex-parte accordingty.

3. The Applicant Bank examined 06 documents through Shamim Aslam, workrng for a gain at ICICI Bank Limited, marked as Exhibit Annexure A to Exhibjt Annexure _F. i. Annexure- A- Credit Arangement Letter dated 05.03.2007 issued by the applicant bank along with terms and conditions of the credit facility. Annexure- B- Undertaking dated 11.05.2007 issued by the defendants to the applicant bank. Annexure- C- Deed of Hypothecation dated 11.05.2007. Annexure- D- Deed of Guarantee dated 30.05.2007. Annexure- E- Statement of Account showing up to date dues stood as on 01.11.2010 payabte by the defendants. Annexure- F- Demand Notice dated 30.12.2010 terminating the contract and recalling the facitity agreement. Heard the Ld, Counset for the Appticant Bank. The point that arises for consideration rs : ii. iii.

(3) Defendants are debarred from disposing, properties belonging to them till the aforesaid defendants. alienating or dealing with any of the decretal debt is recovered from the

5. Whether the Applicant Bank is entided to the claim made in the OA against the Defendants and OA schedule properties as prayed for?

6. As stated supra, the Defendant remained absent and did not turn up to controvert the version of the o.A. of Appricant Bank. The Evidence Amdavit coupred wath the recitars in the documents viz., Exhibit Annexure -A to Exhibit Annexure -F marked on behatf of the Applicant Bank, establashed the claim of the Appticant Bank against the Defendants and OA schedule properties. Hence, I hold that the Defendants are joinfly and severa y liable to pay to the Applicant Bank the claims made in the OA with future interest and costs. In the result, the present Origjnal Application is allowed ex-parte with costs, as under:-

ORDER

(1) T.A. No. 984 of 2or4 Rred by the Appricant Bank is alowed and debt is determined with cost against the defendants. It is hereby ordered that applicant bank is entifled to recover from the defendants the total amount to the tune of Rs. 18,g3,908.00/- (Rupees Eighteen Lac Eighty Three Thousand Nine Hundred Eight only) including interest as calculated together with interest pendentilite and further interest at the rate untill reallzation of the claim amount.

(2) Amount, if any, paid by the defendants in the roan accounts or amount, if any, recovered by the Applicant Bank after filing of the O.A. the same be taken into account while arrlving at the exact amount of dues/debt payable by the defendants. Accordingly, pendentelite and future interest shall be calculated on the reduced amount.

(4) Defendants are given a time of thtrty days from the date of the JudgemenvFinal Order for repaying of the above mentioned dues, so antimated to them. ln case the defendants fail to pay the dues withln the above mentioned flme, the applcant bank is entitled to recover its dues by sale gf secured assets, if any. Applicant bank is also entifled to proceed agarnst rrersonar properties of the defendants (Both movabre and immovabre) and also proceed agarnst the defendants personafly to recover the dues in accordance with

(5) Let the Certificate of Recovery be drawn up by Ld. Registrar forthwith in terms of Judgement for issuance of the same agalnst defendants ln favour of the applicant baok under Section 19 (22) of the Recovery of Debts and Bankruptcy Act, 1993 and put up the same for issuance of the Ceruficate.

(6) Ld. Recovery Officer shall realize the amount as per the Recovery Certiftcate from the defendants in accordance with law,

(7) Ld. Registrar of this Tribunal is directed to deliver recovery certificate tn term of the final order/judgement for recovery of the sum against the defendant in favour of the Applicant Bank under section 19 (22) of the Recovery of Debts due to the Bank and Financial InsUtutions Act, 1993 now known as Recovery of Debts and Bankruptcy Act. 1993,

(8) The parties are directed to appear before the Recovery Officer on 03103/2026 for further action in accordance wlth law in the event the entire amount ts not paid by the said date. Accordingly, the Originat Application being T.A. No. 984 of 2014 (arising out of O.A, No. 647 of 2011) is allowed and stands disposed of. Copy of the JudgemenvFinal Order be uploaded in the Tribunal,s website. File is consigned to the Record Room. (oactated to steno, transcribed by him, corrected, slgned and pronounced by me jn the open Court on thas the l3riday of February,2026. PRESIDING OFFICER OF DRT _II KOLKATA ADDITIONAL CHARGE OF DRT -III KOLKATA l3'>',,o' (SRI ARBIND I4ADHAV)

Debts Recovery Tribunal-3, Kolkata Order Sheet (Continuation) Cas€ No. T,A. 984 Of 2014 ICICI Bank Limited vs, M/s. Asha Saree Sansar & Ors. Date of Order Order with signature Order No. 20 pt. t3t02t2026 P9 Order pronounced (vide separate sheets) In the result, T.A, 984 Of 2Ot4 (O.A. No. 647 Of 2011) is allowed with costs. Issue Recovery Certificate accordingly. (Arbind Madhav) Presiding Officer DRT -2, Kotkata Additional Charge Of DRT -3, Kolkata