For use in Tribunals Office:

Date of filing____________________________
Date of receipt by post____________________
Registration No.___________________________

BEFORE THE HONBLE DEBTS RECOVERY TRIBUNAL

AT LUCKNOW

ORIGINAL APPLICATION NO.

OF 2013
(Under Section 19 R.D.D.B. & F.Is. Act, 1993)

I.C.I.C.I. Bank Limited

Applicant

Versus

Mr. Jayant Julka & Others

..Defendants

BEFORE THE HONBLE DEBTS RECOVERY TRIBUNAL

AT LUCKNOW

ORIGINAL APPLICATION NO.

OF 2013
(Under Section 19 R.D.D.B. & F.Is. Act, 1993)

ICICI Bank Limited, a Banking Company under the Banking

Regulation Act, 1949 having its Registered Office at Land Mark,
Race Course Circle, Vadodara- 390 007 and Corporate Office at
ICICI Bank Towers, Bandra-Kurla Complex, Mumbai-400 051 and
amongst other places in the country a Branch Office at Aligarh
Branch (U.P.) through its constituent Authority Mr. SUNIL SAXENA
Area Debt Manager and his successors in office.
Applicant
Versus

1. MR. JAYANT JULKA

197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2

MATHURA, UP.
Also At:
M/s DIMENSIONS AND TRAVELS PVT LTD
403, SETHI BHAWAN, 7 RAJENDRA PALACE
DELHI-110008
2. Mrs. Sangeeta Julka
197, Vaishali, Pitam Pura,
New Delhi- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.
Defendants

APPLICATION UNDER SECTION 19 OF RECOVERY OF DEBTS DUE

TO

BANKS

AND FINANCIAL INSTITUTIONS ACT, 1993 FOR

RECOVERY OF Rs. 2,137,084.94 ALONG WITH PENDENTELITE

AND FUTURE INTEREST & EXPENSES.

1.

DETAILS OF APPLICANT

1.

NAME OF APPLICANT:

ICICI Bank Limited

Address of Registered Office: Land Mark,

Race
Course
Vadodara-390- 007
Address for service of Notices:
ICICI Bank Limited
31/54 Shalimar Tower

Circle,

II floor Hazratganj
Lucknow
2.

PARTICULARS OF DEFENDANTS:

1. MR. JAYANT JULKA

197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.
Also At:
M/s DIMENSIONS AND TRAVELS PVT LTD
403, SETHI BHAWAN, 7 RAJENDRA PALACE
DELHI-110008

2. Mrs. Sangeeta Julka

197, Vaishali, Pitam Pura,
New Delhi- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

2.

JURISDICTION OF THE TRIBUNAL:

The Applicant declares that the subject matter in hand is

within the jurisdiction of this Honble Tribunal in terms
of Section 19 of Recovery of Debts Due to Banks and
Financial Institutions Act, 1993 and that the Honble
Tribunal is competent to pass a verdict on the claim of
Applicant.
3.

LIMITATION:
Applicant further declares that the subject matter in hand is
well within the period of limitation for recovery of money as
prescribed in the Indian Limitation Act, 1961. Defendant(s)
has/have executed necessary documents for securing the
loan

for

an

amount

of

Rs. 1,283,800/- applied for,

sanctioned on 30.12.2006 with the term of 15 years. .

Limitation occurs each & every transaction made by the
applicant as well as respondents also on each & every
bouncing of cheque/ECS. The credit facilities had been
recalled by several times by the applicant bank which was
duly acknowledged by the defendants and demand notice
under sec 13(2) of SARFAESI Act. 2002 dated 31.03.2011
addressed to defendants was duly served upon them hence
this O.A. is well within the period of limitation requiring for
issuance of a Recovery Certificate against defendants by the
Honble Tribunal. It is pertinent to mention Article 62 of
Limitation Act, 1963 the period of limitation is twelve years
from the date of the amount becomes due.
Hence this O.A. is well within the period of limitation
requiring for issuance of a Recovery Certificate against
defendants by the Honble Tribunal.

3. FACTS OF CASE:

Brief necessary facts for decision on the claim of

Applicant Bank are being submitted hereunder:-

5.1

That ICICI Bank Limited is a Banking Company and comes

under the purview of Section 5 ( c) of the Banking Regulation
Act,1949 and having its Registered office at Landmark, Race
Course Circle, Vadodara-390 007 and Corporate Office at
ICICI Bank Towers, Bandra-Kurla Complex, Mumbai-400 051
and Branch Office at Agra (U.P) at present
Area Debt Manager and Principal Officer of the Applicant
Bank is fully conversant with the facts and circumstances of
the case and is able to depose to the facts of the present
application.

5.2

That the Defendants in the instant case are running an

organization with a name of M/s DIMENSIONS TOURS AND
TRAVELS PVT. LTD. The organization is recognized to one of
the Market Leaders as a full service Travel Agency that
specializes in Air Travels & Package Tours ( Both Domestic &
Out Bound) and provides recreational and business travelers
with professional services & consultations.

5.3

He holds an Authority Letter and is authorized from the

competent authority of the Applicant Bank
pleadings,

institute

suits,

applications

to sign, verify
and

all

legal

proceedings to conduct and prosecute the same and to do all

other acts necessary in this behalf including engagement of
Counsel for the purposes of the case. He has also been
expressly

authorized

08.11.2012 issued by

by

letter

of

authorization

dated

Mr. Rajiv Sabharwal, Executive

Director & Mr. Shanthi Venkatesan, Deputy General

Magager, ICICI Bank Limited, to file this Application against
defendants hence this Application has been signed and

verified by the person competent to do so. A true copy of said

Authorisation Letter is being filed herewith as Exhibit No. A-1
to the Application.
5.4

That defendants have availed a Home Loan Facility by

submitting the home loan application form for an amount of
Rs. 1,283,800/- for purchasing the property bearing Flat no.
A-0018 Shri Krishna lok, area admeasuring 1,495 square
meters situated at NH-2 Delhi- Agra Express Highway ,
Vrindaban

dist.

Mathura(U.P.).

The

said

amount

was

sanctioned on 30.12.2006 in the Loan Account numbered as

LBMAT00001469970. Copy of said

Loan application is being

filed herewith as Exhibit No. A-2 to the Application.

5.5

That after considering into genuineness of the request and

requirement, the Regional Office of the Applicant Bank had vide
its letter dated 30.12.06 sanctioned and disbursed an amount of
Rs. 1,283,800 (Twelve Lakh Eighty Three Thousand Eight
hundred Only) clearly stating therein the Terms and Conditions
of the Home Loan Facility so granted and specifically requiring
the documents to be executed by Defendants to secure the loan.
The letter dated 30.12.2006 was duly acknowledged by the
defendants thereby the terms and conditions were accepted by
them. CopyCopy of the letter dated 30.12.2006 is being filed
herewith as Exhibit A-3 to the Application.

5.6

That the defendants availed home loan of Rs. 1,283, 800 (One
Million Two Hundred Eighty Three Thousand Eight Hundred
Only) for the purchase of flat/house after executing a loan
agreement

(hereinafter

called

the

facility

agreement)

on

30.12.2006 with the applicant Bank clearly stating the terms

and conditions of the loan facility and duly acknowledged by the

defendant. It is pertinent to mention here that the loan was
sanctioned and disbursed at the adjustable interest rate FRR
10.75% per annum as on the date of this facility agreement.
Adjustable rate of Interest 9.5% per annum (i.e. FRR + margin of
1.25%)

term of repayment 180(EMIs) months & monthly

installments

of Rs.13,406/- which is subject to change from

time to time as per the guidelines issued by the Reserve Bank of

India. CCopy of facility agreement is marked and annexed
herewith as Exhibit A-4.
5.7

That to secure the loan-facilities, as sanctioned above, granted

by the

Applicant Bank, the defendants stood as borrower as

well as Co-borrowerfor the above Home Loan Facility. The

defendants have mortgaged their immovable property bearing
Flat no. A-0018 Shri Krishna lok, area admeasuring 1,495
square

meters

situated

at

NH-2

Delhi-

Agra

Express

Highway, Vrindaban dist. Mathura(U.P.) in favour of applicant

Bank by rendering the Flat Buyers Agreement, Allotment letter,
Permission to Mortgage. It is pertinent to mention here that the
Allotment

letter

dated

08.09.2006

was

issued

by

Shri

Krishnalok Builders in favour of the Defendants in which they

have specified that the defendants have been allotted Type A
Flat bearing number 008 with a total price of Rs. 19,95,000/-.
The builders have also requested the Defendants to draw a
Demand Draft in favour of them for the worth of Rs. 2,62,000/as earliest but not later than 25th September, 2006. Copy of the
Allotment letter dated 08.09.2006 is hereby annexed as Exhibit
No. A-5 to this O.A.

5.8

That

permission

to

mortgage

was

issued

by

CHD

DEVELOPERS vide letter dated 26.10.2006 as per which they

have stated that being a developer they have sold Flat NO. A0018 in the building called Shri Krishnalok situated at NH-2
Delhi- Agra Express Highway, Vrindaban dist. Mathura(U.P.) to
Mr. Jayant Shukla for a total consideration of Rs. 19,35,200/under an agreement known as FLAT BUYERS AGREEMENT. It
has been stated as per the letter that the above captioned
property is free from all kinds of encumbrances and they have
also stated that they have no objection in providing the loan to
the defendants by keeping the flat as a security. They have also
noted a lien on the above said property and will also send the
registry documents to as soon as the formalities are vitiated.
Copy of the Permission to mortgage dated 26.10.2006 is hereby
annexed as Exhibit No.6 to this O.A.
5.9

That a Flat Buyers Agreement dated 26.10.2006 was entered

into between CHD Developers Limited and Mr. Jayant Jhulka
s/o Late Shri S.P. Jhulka in regards to the above mentioned
property admeasuring 1495 sq. ft. As per the agreement the
buyer has authorized the developer to raise the finance/loan
from any bank by way of mortgage/charge/ securitization or
receivables on in any other mode with a condition that the
property should be free from all encumbrances at the time of
execution of the conveyance deed. It is pertinent to mention
here that the Developer/ Financial institution/bank shall have
the first charge on the said Flat for all the dues and other sums
payable by the buyer in respect of any loan granted. Copy of the
Flat Buyers Agreement is hereby annexed as Exhibit No. A-7
to this O.A.

5.10

That defendant has signed an undertaking dated 30.12.2006,

as per which the defendants have declared that they shall
deposit the said agreement of conveyance

executed in their

favour and also shall pay and discharge all dues and charges in
respect thereof. It is pertinent to mention here that the
defendants shall execute and sign all such document(s) that
may be required to be executed in form and manner as
suggested by applicant bank

for creation of the necessary

security in the their favour . As per the undertaking the

Applicant bank would be at liberty to take actions which may
make them fit, if there is any kind of breach of any . Copy of
undertaking dated 30.12.2006 is marked and annexed herewith
as Exhibits No. A-8 to the O.A.

PARTICULARS OF PROPERTY MORTGAGED.

Description of property mortgaged:
Immoveable residential Flat/house bearing no. Flat no. A0018 Shri Krishna lok, area admeasuring 1,495 square
meters situated at NH-2 Delhi- Agra Express Highway ,
Vrindaban dist. Mathura(U.P.)Aforesaid properties detailed
above is mortgaged in favour of the Applicant Bank for the
repayment of quantified loan amount of Rs. 1,283,800 (Twelve
Lakh Eighty Three Thousand Eight hundred Only) as on
together with interest and further amount pendentelite and
future interest till date of realization to the satisfaction of the
Applicant Bank.

Name of Mortgagors:

1. MR. JAYANT JULKA

197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

Also At:
M/s DIMENSIONS AND TRAVELS PVT LTD
403, SETHI BHAWAN, 7 RAJENDRA PALACE
DELHI-110008

2. MRS. SANGEETA JULKA

197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

2.

Name of Mortgagee:
ICICI Bank Limited.

5.7.

That in the above manner the outstanding amount against

the defendants comes to Rs 2,137,084.94 ( Twenty One

Lakhs Thirty Seven Thousand Eighty Four & Ninety Four

paisa) together with interest and further amount pendentelite
and future interest till date of realization is overdue upon the
defendants.

5.8.

That the defendants though availed the above Home Loan

credit facilities of the Applicant Bank under their due promise
reduced to writing to repay the entire amount availed by them
alongwith interest and other expenses incurred therein and to
operate the loan accounts in a perfectly bona fide manner, the
defendant betrayed their promise and their accounts became
irregular and sticky.

The defendants had started to siphon

the moneys received by them and did not route the payments
through the aforesaid loan-accounts standing in their names
in the Applicant Bank making their financial conduct
susceptible.

5.9

That the defendants are trying to evade the liability and

dammed to care for their contract with the Bank having
entered into. The defendants are willful defaulter and trying
to evade their liabilities by wrong assurance and financial
misconduct.

5.10

That the Applicant Bank required the defendants to honour

their

contractual

commitment

and

to

discharge

their

contractual liability of repayment of outstanding amounts but

neither the oral request nor letters of Applicant Bank could be
able to move from their dishonest intention to withhold the
public-money and to impede the velocity thereof and thus to
hamper at the functioning of the Applicant Bank.

5.11 That Applicant Bank had required the defendants to ensure

that the contractual commitments are discharged in a
bonafide manner and the Applicant Bank is not put to
hardships and to constrain it to seek legal redress against
them. Applicant Bank had also advised the defendants that
they are fully liable for payment of loan outstanding dues as
it is their joint and several liability and they shall ensure that
the payment of outstanding dues of loan amounts are
liquidated promptly lest hammer of law fall on them.

5.12 That the defendants were not moved and had never considered
of their contractual liability and their misconduct had led the
Applicant Bank to decide to proceed for legal redress of
recovery of outstanding dues.

5.13

That due to the non-payment of the monthly dues, which

remained outstanding for a period of 90 days therefore the
account was classified as Non-Performing Asset(N.P.A) as per
the guidelines or directions issued by Reserve Bank of India.
As per the legal procedure a Demand Notice under sec 13(2)
dated 31.03.2011 was served through registered post (the
receipts of which has been annexed) by the Applicant Bank
detailing therein the amount outstanding with a demand to
discharge the loan liability together interest due but the said
notice went unheeded by defendants. Said Notice had been
duly served upon defendants but neither the Notice was
replied to by the defendants nor was any amount paid to the
Applicant Bank in discharge of their contractual liability. Copy
of the said Demand Notice dated 31.03.2011 alongwith the
receipts of 13(2) Demand Notice under SARFAESI Act, 2002 is

being filed marked and annexed herewith as Exhibit No. A-9

& 10.

5.14. That the officials of the Applicant Bank approached the

defendants several times for the repayment of overdue amount
against them and make them understand that due of
nonpayment of EMIs the loan account become a bad debt and
non potential asset required them to pay the entire overdue
amount otherwise legal action would be taken against them at
their risk and cost, but defendants make lame excuses and
trying to evade the liability.

5.15. That as per Statement of Account extracted from the Account

Books of Bank maintained in its ordinary course of business
and duly certified in terms of Banker's Books evidence Act,
1891 an outstanding dues of Rs 2,137,084.94 ( Twenty One
Lakhs Thirty Seven Thousand Eighty Four & Ninety Four
paisa) as on 18.09.2013 together pendentelite and future
interest till date of realization is overdue upon the defendants
for which this Hon'ble Tribunal is required to issue a
Recovery Certificate for realization from the defendants.
Certified copy of Statement of Home Loan facility account is
being filed herewith as Exhibits No. A-11 to this O.A.

5.16.

That loan facilities above mentioned had been secured

through documentation and the defendant is liable to pay the
outstanding dues jointly and severally the same having been
utilized by them. That the loan was sanctioned and disbursed
at the floating rate of interest which is subject to change from
time to time as per the guidelines issued by Reserve Bank of
India. As the outstanding dues of debt were not discharged

legal notice for payment thereof was sent but no attention was
paid by either the Borrowers/ Mortgagors.

5.17.

That the above amount is recoverable additive with such

amount that gets generated pendentelite and future interest in
terms of the Loan Agreement is being claimed by the
Applicant Bank as balance outstanding.

The outstanding

amount is recoverable from defendants as it is their joint and

several liability to repay the outstanding debt.

5.18.

That at no point of time the defendants had ever disputed the

amount in question nor they had ever denied of their liability
of overdue amount.

5.19

That in view of above submissions the defendants are liable to

pay the outstanding dues of the debt of Applicant Bank for a
sum of Rs 2,137,084.94 ( Twenty One Lakhs Thirty Seven
Thousand Eighty Four & Ninety Four paisa) as on
18.09.2013 together with future and pendentilite interest on
the loan outstanding alongwith the cost of litigation with
effect therefrom till date of actual realization.

6.

CAUSE OF ACTION:
Cause of action for the Applicant Bank first arose on allowing
the loan facilities by execution of documents securing the loan
by creating continuous mortgages by the defendant which
continues till date and When the defendants had finally been
required to discharge their overdue liability through demand
notice u/s 13(2) of SARFAESI, 2002, dated 31.03.2011 was
send to pay the outstanding amount of debt to the Applicant
Bank.

It is pertinent to mention here that the cause of action arose

on each date when the entries of debits and credits reflect in
the statement of accounts.

7.

RELIEF SOUGHT:

In view of above facts the Applicant prays for the following

relies:

A. Honble Tribunal may kindly issue a Recovery Certificate for

recovery from the defendant a sum Rs. 3155602/- ( Thirty
One Lakhs Fifty Five Thousand Six Hundred and Two
Rupees Only) together with future interest thereon @ 15.50%
P.A. with monthly rest plus penal interest. on the loan
outstanding including cost of litigation with effect therefrom
till date of actual realization.
B. That the Applicant Bank be permitted to put the mortgaged
property

on sale for recovering Rs 2,137,084.94 ( Twenty

One Lakhs Thirty Seven Thousand Eighty Four & Ninety

Four paisa) as on 18.09.2013

together with pendentelite

and further interest thereon @ 14.50% P.A. with monthly rest

plus penal interest from date of filing till the date of actual
realization.
C. For cost of this Application may be awarded to the Applicant
against the defendant.
D. For the Transfer of the money from the Business Account
accrued from M/s DIMENSIONS AND TRAVELS PVT LTD into
the Loan account until the realization of the money.

E. Any other suitable relief as the Hon'ble Tribunal may deem

just and proper may also kindly be awarded in favour of
Applicant and against the defendant.

INTERIM RELIEF PRAYED:

8.

Pending final decision in the O.A. the Applicant

prays for

issuance of following Interim Reliefs:

A. For possession, seizure and sale of all mortgaged asset of the

defendant.

B.

To restrain by an order/injunction the defendant, his

servants and agents from alienating, dispensing with or
creating any charge in any manner whatsoever on the
mortgaged property pending disposal of the O.A.;

C.

An ad/interim injunction may be issued directing the

defendant to make a true and faithful disclosure of all his
other immoveable properties, Bank Lockers, Fixed Deposits,
Bank Accounts and all such other business in which the
defendant has any interest;

D. And upon such disclosure to pass appropriate injunction

restraining the defendants from transferring, alienating,
encumbering, parting with possession and/or in any manner
dealing with such disclosed assets;

E. To pass an ad/interim ex-parte order for appointing a

commissioner and to direct such commissioner to proceed to
the addresses of immoveable and moveable properties of
defendants and to make a complete inventory of all items and
records found therein. The Commissioner be also authorized
to seek Police help for the purpose of executing the
Commission with a further power of break open locks and seal
the same and to give a further direction to defendants that
neither they nor their servants nor anybody shall obstruct the
execution of the Commission by the Commissioner in the
performance of his duties as ordered;

F. To attach such immoveable and moveable properties of

defendants or to appoint a Receiver as the Hon'ble Tribunal
may deem fit and proper to effectively secure full payment of
the claim of Applicant.

9.

MATTER NOT PENDING WITH ANY OTHER COURT:

Applicant further declares that the matter regarding which

this Application has been made is not pending before any
court or Tribunal or any other authority.

10.

PARTICULARS

OF

DEMAND

DRAFT

IN

RESPECT

APPLICATION FEE:

a.

Name of bank on which Drawn:

ICICI Bank Limited, Agra

b.

Amount of Rupees Twenty Thousand only

OF

c.

Demand Draft NoDated

d.

Payable to

11.

The Registrar,
Debts Recovery Tribunal, Lucknow.

DETAILS OF INDEX
An Index in duplicate containing the list of documents
relied upon is enclosed.

12.

LIST OF ENCLOSURES
A complete list of documents enclosed with Application is
also filed herewith.

for APPLICANT

VERIFICATION
I,

Aged

about

..

years

son

of

Sri

, Area Debt Manager, ICICI Bank Limited, 31/54

Shalimar Tower Hazratganj Lucknow duly authorized by Letter of
Authorisation by the Applicant Bank do hereby verify that contents
of paragraphs 1 to 12 above are true to my personal knowledge and
belief and from perusal of records and legal advice. I have not
suppressed or concealed any material fact.
Signed and verified on

th day of November, 2013 at Lucknow.

For APPLICANT
Through
(SHYAM KUMAR RAI)
ADVOCATE
COUNSEL FOR APPLICANT
B-5, Shagun Palace,
Sapru Marg, Lucknow.

BEFORE THE HONBLE DEBTS RECOVERY TRIBUNAL

AT LUCKNOW
ORIGINAL APPLICATION NO.

OF 2013.

(Under Section 19 R.D.D.B. & F.Is. Act, 1993)

ICICI BANK LIMITED

Applicant

Versus

Jayant Julka & ors.

Defendant
INDEX

Sr.
No.
1.

DESCRIPTION

EXHIBIT
No.

Memo of Original Application

2.

Letter of Authorisation

A-1

3.

Copy of application form for loan

by defendants
Copy of the letter Dated 30.12.2006

A-2

Copy of loan agreement

dated 30.12.2006
Copy of the Allotment letter dated
08.09.2006
Copy of the Permission to mortgage
dated 26.10.2006
Copy of the Flat Buyers Agreement

A-4

4.
5.
6.
7.
8.

Copy of undertaking dated

30.12.2006
10. Copy of Demand Notice under
section 13(2) of SARFAESI Act,
2002
11. Reciepts of 13(2) Demand Notice
under SARFAESI Act, 2002
12. Statement of Accounts
9.

13. Affidavit in support of O.A

14. Registered Address of Parties
11. Vakalatnama

A-3

A-5
A-6
A-7
A-8
A-9

A-10
A-11

PAGE
No.

Place: Lucknow
Dated:

Shyam Kumar Ray

Advocate
Counsel for ICICI Bank Ltd

/2013

BEFORE THE HONBLE DEBTS RECOVERY TRIBUNAL

AT LUCKNOW
ORIGINAL APPLICATION NO.

OF 2013.

(Under Section 19 R.D.D.B. & F.Is. Act, 1993)

ICICI BANK LIMITED

Applicant
Versus

Mr. Jayant Julka and others

Defendants

LIST OF DOCUMENTS

Sr.
DESCRIPTION
No.
1. Letter of Authorisation
2.
3.
4.
5.
6.
7.

Copy of application form for loan

by defendants
Copy of the letter Dated 30.12.2006

A-2

Copy of loan agreement

dated 30.12.2006
Copy of the Allotment letter dated
08.09.2006
Copy of the Permission to mortgage
dated 26.10.2006
Copy of the Flat Buyers Agreement

A-4

Copy of undertaking dated

30.12.2006
9. Copy of Demand Notice under
section 13(2) of SARFAESI Act,
2002
10. Receipts of 13(2) Demand Notice
under SARFAESI Act, 2002
11. Statement of Accounts
8.

Place: Lucknow
Ray
Dated:

EXHIBIT
No.
A-1

PAGE
No.

A-3

A-5
A-6
A-7
A-8
A-9

A-10
A-11

Shyam Kumar
Advocate
Counsel for ICICI Bank Ltd

/2013

BEFORE THE HONBLE DEBTS RECOVERY TRIBUNAL

AT LUCKNOW
ORIGINAL APPLICATION NO.
OF 2013.
(Under Section 19 R.D.D.B. & F.Is. Act, 1993)

I.C.I.C.I. Bank Limited

Applicant

Versus
Mr. Jayant Julka and others

Defendants

REGISTERED ADDRESS OF PARTIES

APPLICANT
ICICI Bank Limited, a Banking Company under the Banking
Regulation Act, 1949 having its Registered Office at Land Mark,
Race Course Circle, Vadodara- 390 007 and Corporate Office at
ICICI Bank Towers, Bandra-Kurla Complex, Mumbai-400 051 and
amongst other places in the country a Branch Office at Agra (U.P.)
through its constituent Authority Mr. Saumitra Shyam, Collection
Manager and his successors in office.
DEFENDANTS
1. MR. JAYANT JULKA
197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

Also At:
M/s DIMENSIONS AND TRAVELS PVT LTD
403, SETHI BHAWAN, 7 RAJENDRA PALACE
DELHI-110008

2. MRS. SANGEETA JULKA

197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:

FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

LUCKNOW,
DATED

(SHYAM KUMAR RAY)

ADVOCATE
COUNSEL FOR APPLICANT
B-5, Shagun Palace,
Sapru Marg, Lucknow.

BEFORE THE HONBLE DEBTS RECOVERY TRIBUNAL

AT LUCKNOW

ORIGINAL APPLICATION NO.

OF 2013.
(Under Section 19 R.D.D.B. & F.Is. Act, 1993)

I.C.I.C.I. Bank Limited

Applicant

Versus

Mr. Jayant Julka and others

..Defendants

AFFIDAVIT IN SUPPORT OF ORIGINAL APPLICATION.

I,

..,

aged

about

36

years,

.. , presently posted and working as

son

of

Area Debt

Manager, ICICI Bank Limited, 4th floor J.S. Tower, Mall Road, Kanpur
the deponent, do hereby solemnly affirm and state on oath :-

1)

That deponent has been authorized by the competent

authority to institute this O.A. before this Hon'ble Tribunal by
signing and verifying plaints and to swear the affidavit or affidavits
for and on behalf the Applicant Bank.

Deponent is conversant

with facts deposed below.

2)

That ICICI Bank Limited is a Banking Company under Section

5 ( c) of the Banking Regulation Act,1949 and has its Registered
office at Landmark, Race Course Circle, Vadodara-390 007 and
Corporate Office at ICICI Bank Towers, Bandra-Kurla Complex,
Mumbai-400 051 and amongst other places in the country a
Branch Office at Agra (U.P) at present Mr. SUNIL SAXENA Area

Debt Manager and Principal Officer of the Applicant Bank and is

fully conversant with the facts and circumstances of the case and
is able to depose to the facts of the present application. He holds
the Authority Letter of having been authorized from the competent
authority of the Applicant Bank

whereby he is authorized and

empowered to sign, verify pleadings, institute suits, applications

and all legal proceedings to conduct and prosecute the same and
to do all other acts necessary in this behalf including engagement
of Counsel for the purposes of the case. He has also been
expressly authorized by letter of authorization dated 08.11.2012
issued by

Mr. Rajiv Sabharwal, Executive Director & Mr.

Shanthi Venkatesan, Deputy General Magager, ICICI

Bank

Limited, to file this Application against defendants hence this

Application has been signed and verified by the person competent
to do so.

3)

That the Defendants in the instant case are running an

organization with a name of M/s DIMENSIONS TOURS AND
TRAVELS PVT. LTD. The organization is recognized to one of the
Market Leaders as a full service Travel Agency that specializes in
Air Travels & Package Tours (Both Domestic & Out Bound) and
provides recreational and business travelers with professional
services & consultations.

4)

He holds an Authority Letter and is authorized from the

competent authority of the Applicant Bank

to sign, verify

pleadings, institute suits, applications and all legal proceedings

to conduct and prosecute the same and to do all other acts
necessary in this behalf including engagement of Counsel for the
purposes of the case. He has also been expressly authorized by
letter of authorization dated 08.11.2012 issued by

Mr. Rajiv

Sabharwal, Executive Director & Mr. Shanthi Venkatesan,

Deputy General Magager, ICICI

Bank Limited, to file this

Application against defendants hence this Application has been

signed and verified by the person competent to do so.
5)

That defendants have availed a Home Loan Facility by

submitting the home loan application form for an amount of Rs.
1,283,800/- for purchasing the property bearing Flat no. A0018 Shri Krishna lok, area admeasuring 1,495 square
meters situated at NH-2 Delhi- Agra Express Highway ,
Vrindaban

dist.

Mathura(U.P.).

The

said

amount

was

sanctioned on 30.12.2006 in the Loan Account numbered as

LBMAT00001469970.
6)

That after considering into genuineness of the request and

requirement, the Regional Office of the Applicant Bank had vide
its letter dated 30.12.06 sanctioned and disbursed an amount of
Rs. 1,283,800 (Twelve Lakh Eighty Three Thousand Eight
hundred Only) clearly stating therein the Terms and Conditions
of the Home Loan Facility so granted and specifically requiring
the documents to be executed by Defendants to secure the loan.
The letter dated 30.12.2006 was duly acknowledged by the
defendants thereby the terms and conditions were accepted by
them.

7)

That the defendants availed home loan of Rs. 1,283,800

(Twelve Lakh Eighty Three Thousand Eight hundred Only)
for the purchase of flat/house after executing a loan agreement
(hereinafter called the facility agreement) on 30.12.2006 with
the applicant Bank clearly stating the terms and conditions of
the loan facility and duly acknowledged by the defendant. It is

pertinent to mention here that the loan was sanctioned and

disbursed at the adjustable interest rate FRR 10.75% per
annum as on the date of this facility agreement. Adjustable rate
of Interest 9.5% per annum (i.e. FRR + margin of 1.25%) term
of repayment 180(EMIs) months & monthly installments

of

Rs.13,406/- which is subject to change from time to time as per

the guidelines issued by the Reserve Bank of India.
8)

That to secure the loan-facilities, as sanctioned above, granted

by the

Applicant Bank, the defendants stood as borrower as

well as Co-borrowerfor the above Home Loan Facility. The

defendants have mortgaged their immovable property bearing
Flat no. A-0018 Shri Krishna lok, area admeasuring 1,495
square

meters

situated

at

NH-2

Delhi-

Agra

Express

Highway, Vrindaban dist. Mathura(U.P.) in favour of applicant

Bank by rendering the Flat Buyers Agreement, Allotment letter,
Permission to Mortgage. It is pertinent to mention here that the
Allotment

letter

dated

08.09.2006

was

issued

by

Shri

Krishnalok Builders in favour of the Defendants in which they

have specified that the defendants have been allotted Type A
Flat bearing number 008 with a total price of Rs. 19,95,000/-.
The builders have also requested the Defendants to draw a
Demand Draft in favour of them for the worth of Rs. 2,62,000/as earliest but not later than 25th September, 2006.
9)

That

permission

to

mortgage

was

issued

by

CHD

DEVELOPERS vide letter dated 26.10.2006 as per which they

have stated that being a developer they have sold Flat NO. A0018 in the building called Shri Krishnalok situated at NH-2
Delhi- Agra Express Highway, Vrindaban dist. Mathura(U.P.) to
Mr. Jayant Shukla for a total consideration of Rs. 19,35,200/-

under an agreement known as FLAT BUYERS AGREEMENT. It

has been stated as per the letter that the above captioned
property is free from all kinds of encumbrances and they have
also stated that they have no objection in providing the loan to
the defendants by keeping the flat as a security. They have also
noted a lien on the above said property and will also send the
registry documents to as soon as the formalities are vitiated.
10) That a Flat Buyers Agreement dated 26.10.2006 was entered
into between CHD Developers Limited and Mr. Jayant Jhulka
s/o Late Shri S.P. Jhulka in regards to the above mentioned
property admeasuring 1495 sq. ft. As per the agreement the
buyer has authorized the developer to raise the finance/loan
from any bank by way of mortgage/charge/ securitization or
receivables on in any other mode with a condition that the
property should be free from all encumbrances at the time of
execution of the conveyance deed. It is pertinent to mention
here that the Developer/ Financial institution/bank shall have
the first charge on the said Flat for all the dues and other sums
payable by the buyer in respect of any loan granted.
11) That defendant has signed an undertaking dated 30.12.2006,
as per which the defendants have declared that they shall
deposit the said agreement of conveyance

executed in their

favour and also shall pay and discharge all dues and charges in
respect thereof. It is pertinent to mention here that the
defendants shall execute and sign all such document(s) that
may be required to be executed in form and manner as
suggested by applicant bank

for creation of the necessary

security in the their favour . As per the undertaking the

Applicant bank would be at liberty to take actions which may
make them fit, if there is any kind of breach of any .

12) PARTICULARS OF PROPERTY MORTGAGED.

Description of property mortgaged:
Immoveable residential Flat/house bearing no. Flat no. A0018 Shri Krishna lok, area admeasuring 1,495 square
meters situated at NH-2 Delhi- Agra Express Highway ,
Vrindaban dist. Mathura(U.P.)Aforesaid properties detailed
above is mortgaged in favour of the Applicant Bank for the
repayment of quantified loan amount of Rs. 1,283,800 (Twelve
Lakh Eighty Three Thousand Eight hundred Only) as on
together with interest and further amount pendentelite and
future interest till date of realization to the satisfaction of the
Applicant Bank.

1. Name of Mortgagors:
1. MR. JAYANT JULKA
197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

Also At:
M/s DIMENSIONS AND TRAVELS PVT LTD
403, SETHI BHAWAN, 7 RAJENDRA PALACE
DELHI-110008

2. MRS. SANGEETA JULKA

197, VAISHALI, PITAM PURA,
NEW DELHI- 110088
Also At:
FLAT NO. 18
GROUND FLOOR, TYPE-A
KRISHAN LOK
VRINDABAN, NH-2
MATHURA, UP.

2.

Name of Mortgagee:
ICICI Bank Limited.

13)

That in the above manner the outstanding amount against

the defendants comes to Rs 2,137,084.94 ( Twenty One
Lakhs Thirty Seven Thousand Eighty Four & Ninety Four
paisa) together with interest and further amount pendentelite
and future interest till date of realization is overdue upon the
defendants.

14)

That the defendants though availed the above Home Loan

credit facilities of the Applicant Bank under their due promise
reduced to writing to repay the entire amount availed by them
alongwith interest and other expenses incurred therein and
to operate the loan accounts in a perfectly bona fide manner,
the defendant betrayed their promise and their accounts
became irregular and sticky. The defendants had started to
siphon the moneys received by them and did not route the
payments through the aforesaid loan-accounts standing in

their names in the Applicant Bank making their financial

conduct susceptible.
15)

That the defendants are trying to evade the liability and

dammed to care for their contract with the Bank having
entered into. The defendants are willful defaulter and trying
to evade their liabilities by wrong assurance and financial
misconduct.

16)

That the Applicant Bank required the defendants to honour

their

contractual

commitment

and

to

discharge

their

contractual liability of repayment of outstanding amounts but

neither the oral request nor letters of Applicant Bank could
be able to move from their dishonest intention to withhold the
public-money and to impede the velocity thereof and thus to
hamper at the functioning of the Applicant Bank.
17)

That Applicant Bank had required the defendants to ensure

that the contractual commitments are discharged in a
bonafide manner and the Applicant Bank is not put to
hardships and to constrain it to seek legal redress against
them. Applicant Bank had also advised the defendants that
they are fully liable for payment of loan outstanding dues as
it is their joint and several liability and they shall ensure that
the payment of outstanding dues of loan amounts are
liquidated promptly lest hammer of law fall on them.

18)

That the defendants were not moved and had never considered
of their contractual liability and their misconduct had led the
Applicant Bank to decide to proceed for legal redress of
recovery of outstanding dues.

19)

That due to the non-payment of the monthly dues, which

remained outstanding for a period of 90 days therefore the
account was classified as Non-Performing Asset(N.P.A) as per
the guidelines or directions issued by Reserve Bank of India.
As per the legal procedure a Demand Notice under sec 13(2)
dated 31.03.2011 was served through registered post by the
Applicant Bank detailing therein the amount outstanding
with a demand to discharge the loan liability together interest
due but the said notice went unheeded by defendants. Said
Notice had been duly served upon defendants but neither the
Notice was replied to by the defendants nor was any amount
paid to the Applicant Bank in discharge of their contractual
liability.

20)

That the officials of the Applicant Bank approached the

defendants several times for the repayment of overdue
amount against them and make them understand that due of
nonpayment of EMIs the loan account become a bad debt
and non potential asset required them to pay the entire
overdue amount otherwise legal action would be taken
against them at their risk and cost, but defendants make
lame excuses and trying to evade the liability.

21)

That as per Statement of Account extracted from the Account

Books of Bank maintained in its ordinary course of business
and duly certified in terms of Banker's Books evidence Act,
1891 an outstanding dues of Rs 2,137,084.94 ( Twenty One
Lakhs Thirty Seven Thousand Eighty Four & Ninety Four
paisa) as on 18.09.2013 together pendentelite and future
interest till date of realization is overdue upon the defendants

for which this Hon'ble Tribunal is required to issue a

Recovery Certificate for realization from the defendants.
22)

That loan facilities above mentioned had been secured

through documentation and the defendants are liable to pay
the outstanding dues jointly and severally the same having
been utilized by them.

That the loan was sanctioned and

disbursed at the floating rate of interest which is subject to

change from time to time as per the guidelines issued by
Reserve Bank of India. As the outstanding dues of debt were
not discharged legal notice for payment thereof was sent but
no attention was paid by either the Borrowers/ Mortgagors.
23)

That the above amount is recoverable additive with such

amount that gets generated pendentelite and future interest
in terms of the Loan Agreement is being claimed by the
Applicant Bank as balance outstanding.

The outstanding

amount is recoverable from defendants jointly and severally

as their liability to repay the outstanding debt is joint and
several, co-extensive.
24)

That at no point of time the defendants had ever disputed the

amount in question nor they had ever denied of their liability
of overdue amount.

25)

That in view of above submissions defendants are jointly and

severally liable to pay the outstanding dues of the debt of
Applicant Bank for a sum of Rs 2,137,084.94 (two one
Lakhs thirty seven thousand eighty four and ninety four
paisa)

as

on

18.09.2013

together

with

future

and

pendentelite interest on the loan outstanding alongwith the

cost of litigation with effect therefrom till date of actual

realization.

LUCKNOW,
DATED

DEPONENT

VERIFICATION
I, the deponent do hereby verify that contents of paragraphs 1
to 19 above are true to my personal knowledge and belief based on
records maintained by the applicant bank in the ordinary course of
its business and legal advice. I have not suppressed or concealed any
material fact.
Signed and verified on

th day of October, 2013 at Lucknow.

through

for APPLICANT

(SHYAM KUMAR RAY)

ADVOCATE
COUNSEL FOR APPLICANT
B-5, Shagun Palace
Sapru Marg, Lucknow.