Debts Recovery Tribunals and Appellate Tribunals
ICICI BANK LIMITED vs Mr. Mohammed Rafi Siddiq S/o Mr. Mohammed Siddiq on 26 October 2019
**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA
AT BENGALURU**
Dated this the 26<sup>th</sup> day of October, 2019
**Present: Shri K Ravindran Nair
Hon`ble Presiding Officer
Incharge-DRT-II**
**T.A.No.1284/2017
(O.A.NO.21/2017-DRT-I)**
**BETWEEN:**
**ICICI Bank Ltd.,**
Branch office at Mystree Center
#4/10, Hosur Road, Bommanahalli
Bengaluru-560 068
**Represented by its Debt Officer/PA Holder**
**Mr.Anil Soni,s/o Sri Satyanarayan Soni ....APPLICANT**
**AND:**
**Mr.Mohammed Rafi Siddiq**
S/o Mr.Mohammed Siddiq
No.208, Devarajivanahalli
Mardana Late Auja, Narayanaswamy Layout
3 Hoddi Cross,Bengaluru-560 045
**Also at:**
T.P/A, 12<sup>th</sup> Block, Bachappa Compound D.J.Halli, Bengaluru-560 045
Mr.Mohammed Rafi Siddiq
Proprietor-Al Habib, No.184
Kamaraj Road, Commercial Street
Bengaluru-560 042
** ....DEFENDANT**
**Counsels on record/appeared for:**
**Applicant : SA Associates
Defendant : Ex-parte**
**FINAL ORDERS**
The present Application came to be registered on 20.12.2016 on the basis of jurisdictional transfer and
renumbered as Transfer Application No.1284/2017 under Section 19 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993, seeking recovery of an amount of Rs.11,92,003/- (Rupees eleven lakh ninety-two thousand and three only) from the Defendants together with interest and cost.
2. The case of the applicant bank is that defendant as a proprietor of AI Habib had approached the applicant bank for seeking financial assistance running a garments shop. The applicant bank considered his request and sanctioned credit card facilities of Rs.2,93,840/-, Rs.2,55,000/-, Rs.5,80,000/- and Rs.27,000/- vide different sanction letters during April 2006 to July 2007. Defendant has executed necessary documents in favour of the applicant bank in respect of the credit card facilities. After availing the loans, the defendant failed to regularize the loan accounts and also failed to pay the installments, despite recall notice dated 23.05.2016, 27.05.2016 and 04.06.2016, defendant did not come forward to repay the balance outstanding. Hence, the O.A was filed and now numbered as TA.1284/2017. The applicant bank has
produced the documents in favour of its case viz., loan applications, sanction letters, demand and legal notices, certified copies of account extracts etc.
3. Further the defendant agreed to repay the above loans with variable rates of interest, as applicable from time to time as per the directions of the Head Office/Central Office of the Applicant Bank and penal interest in case of default and keep the account regular by paying installments as and when due to the satisfaction of the Applicant Bank, as detailed in the OA by the Applicant Bank.
4. The defendant after utilizing the entire loan proceeds for the above said purpose has failed to make the repayments of the loan dues as agreed and he has not serviced the interest thereon as per the terms and conditions agreed by him and became chronic defaulter and hence, the recovery process is initiated against the defendant to recover the dues.
5. In the light of these factors, it is contended by the Applicant Bank that, Defendant is liable to pay a sum of Rs.11,92,003/- (Rupees eleven lakh ninety-two thousand and three only).
6. After filing the OA, summons were sent through RPAD twice, same were returned with postal shara as 'left', 'no such person', 'insufficient address' etc., and thereafter paper publications were made, even then when defendant was called out, he remained absent and hence, was placed ex parte.
7. To prove the case of the Applicant Bank, its Area Debt Manager, Mr. Promodh, S/o Sri Gurumallappa, has filed his affidavit by way of evidence and same was considered as evidence of AW-1 and marked at Ex. A-1 and list of documents came to be marked as Ex.A-2 and 13 documents came to be marked as Ex.A-3 to Ex.A-15.
8. No evidence on behalf of the Defendants.
9. Arguments of Learned Counsel for the Plaintiff/applicant bank heard and perused the records of the case.
10. Following points arise for my consideration:
- a) Whether Plaintiff/applicant bank proves its case as contended in the plaint/application?
- b) What order?
11. For the following reasons, I answer the above referred points in the following manner:
5T.A.1284/2017 in O.A.No.21/2017**REASONS**
12. Mr. Promodh, S/o Sri Gurumallappa, Area Debt Manager of the applicant bank came to be examined as AW-1. His affidavit by way of evidence reiterates the facts pleaded in the plaint and his affidavit is also corroborated by the above referred Ex.A-3 to Ex.A-15 which clearly establish the case of the applicant bank to allow the present TA. Added to this, the defendant remained absent, hence it is to be construed that the defendant has admitted the entire case pleaded by the applicant bank as sought in the present TA.
13. Therefore, for these reasons, present TA is to be allowed with costs as sought by the applicant bank.
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**:O R D E R:**
Present TA stands allowed with costs.
Defendant shall be personally liable to pay Rs.11,92,003/- (Rupees eleven lakh ninety-two thousand and three only) with interest at the rate of 19% p.a. with monthly rests, from the date of application till the date of final realization, as sought by the Applicant Bank in the TA.
The Applicant Bank is at liberty to proceed against the person and personal properties of the defendant, as required under law and also as advised.
Applicant Bank shall file fresh Memo of calculation of TA amount together with interest, costs etc., to be paid by Defendant duly taking into account the amount/s if any paid by the Defendant and/or amount realized by sale of assets, etc., during the intervening period after filing the TA, to enable the office to prepare Recovery Certificate for the amount to be paid by the Defendant to the Applicant Bank.
Office is directed to issue Recovery Certificate.
(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the **26<sup>th</sup> day of October, 2019**)
**(K. Ravindran Nair)** **Presiding Officer** **I/C - DRT II, Bengaluru**
7T.A.1284/2017 in O.A.No.21/2017**ANNEXURES:****LIST OF WITNESSES EXAMINED ON BEHALF OF APPLICANT-BANK:**
AW.1 – Mr. Pramodh, S/o Sri Gurumallappa Area Debt Manager of Applicant bank **LIST OF DOCUMENTS MARKED ON BEHALF OF APPLICANT BANK:**
Ex.A1 : Affidavit of AW.1 Ex.A2 : List of documents Exs.A3 – A.15 : 13 documents
**LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANT :**
- NIL -
**LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENDANT:**
-NIL-
**(K Ravindran Nair)** **Presiding Officer** **I/c-DRT-II, Bengaluru**
c/
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