MYSORE

IN THE COURT JUDGE AT

OF THE PRINCIpA SENIOR CIVIL
OF 2022

BETWEEN: ORIGINAL SUIT NO,

ICICI Bank Ltd,
A body
corporate incorporated
Andregistered
Companies Act under
1956 the
and Indian
As a Bank under the
Banking
Regulation Act 1949 having
Registered Office at:
licensed
«Landmark",
Vadodara - Race Course Circle SEP 2022
office at ICICI390007, And having its
Bank Ltd.,
No. 34/2.3.4, Setty Branch
Ramavilas Road, Mysore-570 024Mansion,
And
Ground Floor,
represented
And Manager by its POA holder
Mr. Swamy G.K,
S/o PLAINTIFF

AND:
Gangadharappa, Age: 35 years,

Mr. C.J. RAJU,

Aged about 57 years,
Son of C.S. Javaregowda,
R/at. No. 182, LIG 2, Lakshmi Kantha Nagar,
HUDCO, Hebbal 1st Stage, Near Miltry
Vijayanagar Post, Mysore-570017. Quatrass, DEFENDANT

MEMORANDUM OF PLAINT UNDER ORDER VII RULE 1&2 OF THE CODE

OF CIVIL PROCEDURE, 1908
The Plaintiff above named most respectfully submits as under:
1. The addresses of the Plaintiff for the purposes of services of notices,

summons etc., from this Hon'ble court is as shown in cause title above
mentioned and that of his learned counsels Sriyuths. S.M. ANEES AHAMED,
B.M. KUSHALAPPA, Advocates for SAAN LAW ASSOCIATES, No.4 (10/2)., Ground
Floor, West Park Road, Kumara Park East, Bangalore -560001.
2. The address of the Defendant/ 8 tOr the similar purposes is as shown in
the cause title above.

3. That, the Plaintiff Bank 1s a rubc Limited Company incorporated under

the Companies Act, 1956 and is a ocauled Bank within the meaning of the
Banking Regulation Act, 1949, also 4seheduled Bank according to the Reserve
Bank of India Act, 1934 having its registered office at Landmark, Race Course
Circle, Vadodara and amongst others having its Corporate Office at ICICI Bank
Towers, Bandra Kurla Complex, Bandra (East), Mumbai - 400 051 and one of its
branch office at ICICI Bank Ltd., Setty Mansion No. 34/2.3.4, Ground Floor,
 The present Plaintiff since is a juristic and
Mysore-570024.
independent
Ramavilas Road, CXAstence has preferred this present suit
no
legal personality havingG.K whois the enager and a Power of Attorney Holder of
through Mr. Swamy the plainu Bank. That. Mr. Swamy G.K one of the
represent
the Plaintiff Bank Plaitif Bank and is fully conversant with the
representatives of the
authorized and derived from the records and
information received
facts of the case as per
in usual and ordinary course of
mantained
Plaintiff Bank,
the books of the authoized
empowered and competent to sign
Swamy G.K duly behalr
business, Mr. of the Plaintiff Bank, institute the suit
and on
and verify the pleadings for suit and to do all acts, deeds in general for due
in the Court, prosecute the

prosecution of the suit.

engaged, Inter-alia, in the business of rendering
4. The Plaintiff Bank is
financial /credit facilities, inthe
form of loans,
to the intending Borrowers. In the
services 1l
bad introduced Personal//Vehicle/Auto Loan
COurse of its financial
Facilities to its customners.

5 On 16.03.2019. the Defendanj S as Applicant/Borrower had approached

Plaintiff Bank at Mysore for financia assistance of Rs.6,60,000/- as Personal
Loan. After considering the application, Defendant/s was/were
sanctioned/ disbursed Personal Loan o1 Rs.3,00,000/- (Rupees Five Lakh Only)
on 22.03.2019 vide Loan agreement No.LPMYS00038697000 repayable as per
the agreed schedule of the loan agreement.The mode of repayment was by way of
60 equated monthly instalments of Rs.11,172/-. The said agreement was
executed at branch of the Plaintiff Bank at Mysore.
6. That in order to secure the amount of loan, the Defendant/s executed the
documents listed under the list of documents to the suit in favour of the Plaintiff
Bank.

7. The Plaintiff submits that the Defendant/s as

Applicant/Borrower/Co
Applicant/Co-borrower have executed Credit Facility Application Form dated
21-03-2019 in favour of the Plaintiff agreeing to abide by all the terms and
conditions therein, be charged with the repayment/ payment of the facility, all
interest, commission,
costs, charges, expenses and all monies, whatsoever
stipulated in or payable by
the The Defendant/s has/have signed
the aforesaid Defendant/S.
documents
in token of
detailed in the said documents. having understoodthe terms and conditions
8 At the
time of availing the was/were fully aware of rate
of
interest, tenure of the Loan loan Defendant/sinstallment of the loan along
with other details, as Cquated monthly
the
same, the Credit same clearly explained to them. Based on the
Were
Facility Application Rorm with terms and conditions was
 documents entered at the time of
executed by the
Defendant/s. The
copy
of
availing the loan was provided to Defendant/s. In
terms of the said document,
repayment of loan installments
Defendant/s had agreed to make imey&regular time of availing the loan
which was the essence of the the
COntract. At installments
Defendant/s was/were also informed is cAse of default to pay
on the due dates, overdue and Oouncedtha charges will be levied and Bank may
exercise their rights under the document.
After availing the
said
loan. the pefendant/s
has/have failed to pay
9
installments on the due dates as the postdated cheques mandate returned
unpaid on the due dates. Thus. tallment, overdue charges and bounce
charges were levied on Defendant/s loan account.
10. In these circumstances, CXecutives of Plaintiff Bank were reminding
Defendant/s of outstanding dues in the loan account through phone/ personal
visits at the address(s) available n their records. The Plaintiff has also sent
several Demand Notices to the Defendant/s. But the Defendant/s failed to
respond to Plaintiffs Demarnd Notices, the reason best known to them.
11. The officials of the Plaintif Ronk had made persistent requests to the

Defendant/s toabide by the terms of the document entered into by and between
the parties, but the Defendant/s desvite being fully aware that time is the
essence of the contract has time and again failed to honour the commitments.
12. The Plaintiff was thus constrained to recall the aforesaid facility vide its

notice dated 06-02-2021 vide which the Defendant/s was/were informed that
the facility has been recalled and terminated with immediate effect. The Plaintiff
further called upon the Defendant/s to pay the outstanding amount as per notice
within 7 days from the date of receipt of the notice, failing which the Plaintiff wil1
be constrained to initiate appropriate action against them. Despite the
notice the
Defendant/s did not yield the request of the Plaintiff.
13. It is also
submitted that in spite of the said Loan Recall Notice. the
Defendant/s failed to act in accordance with the notice and as such as on date.
the Defendant/s has/have not repald any of the outstanding amount. The
Plaintiff Bank waited till filing of this Suit after issuing Loan Recall Notice, but.
the Defendant/s failed to respond the reason best known to him / them, thus
plaintiff has filed this present suit.
14. The total overdue as on 20-12401 1s Rs.5,78,829/- (Rupees Five Lakhs
Seventy Eight Thousand Eight Hundred And Twenty Nine Only) inclusive of other
charges like late payment penalty, interest in pending installment etc.
 Defendant/s
haq
wused wrongful loss and irreparable

of the I ti s
subted that in utter breach of the terms and
The act
15.
injurytothe
Plaintiff Bank. A r e
Defendant/s
oisusing the privileges accorded to the

conditions, the Plaintifl

gant pon passing of each day, is sufering
the the elendant/s has/have used the personal
Defendant/s and injurysince
irreparable loss and personal necessities. That. in the instant case the
neglected
loan amount
for his willfully In repaying the loan amount. The
has/have of
part
Defendant/s performedits Contract and as such the Defendant/s
Plaintiff Bank has partby Tepaying theloan facility. The Plaintiff has
performtheir about
is/are obliged to Defendant/s the outstanding in their loan account.
repeatedly reminded was/were neglected in clearing the outstanding dues
/s
However, the Defendant/ The. pefendant/s has/have defaulted in honouring
facility.
in respect of the said repayment of the outstanding amounts there under.
their commitment towards
undertaking the Defendant/s has/have utterly ailed to
But in spite of such
repay the loan facility.
the defaults committed by the Defendant/s in adhering to
16. That in view of
the repayment schedule for
paymen of the dues arising out of the said

document.

Plaintiff and the Plaintiff is

17. The Defendant /s is/are indebted to the
be conveniently
entitled to seek. enforcement of the same which cannot
the
combined with other relief/s claimed in the suit. The failure on the part of
Defendant/s to make payment of the dues owed to the Plaintiff discloses the
conduct of the Defendant/s.
on
18. CAUSE OF ACTION: The cause of action for the suit arose on 22.03.2019
when the plaintiff Bank sanctioned the personal loan on the application from
Defendarnt. The cause of action also arose when the last payment was made by
the Defendant/s to the Plaintiff Bank, The cause of action also arose on when the
Plaintiff issued the loan recall notice on 06.02.2021 and when the Defendant
failed to repay the amount. Hence, the cause of action is still subsisting.
19. JURISDICTION:
The branch office of the Plaintiff Bank situates/s,
defendant resides and the loan tonotions have taken place within the
territorial jurisdiction of this Court has
jurisdictionto try, entertain Hon'ble Court. Hence, this Hon'ble
and dispose of the present suit.
20.
LIMITATION: The suit is in nature of recovery of money. Hence the
suit is filed well the
within the period of imit
ation.
 21. VALUATION &CoURT FEE: Th¡t the presentsuit valued for the relief of
recovery of mnoney and the purpose" of court fee and jurisdiction at
Rs.5,78,829/-(Rupees Five Lakhe SeventyEight Thousand Eight Hundred And
Twenty Nine Only) and a
valued as per sum of Du38,106/-ispaid as Court Fees. The suit is
separate Plaint.
22.
LEGAL ACTION:
valuation slipattachedto this
No suit is pending before any other Court or
Tribunal with similar relief led or
filed.
narties. There is no Caveat
24. The
Plaintiff
between the
Bank reserves their rightto file additional affidavit if required.

pleased: - WHEREFORE, the plaintif most humbly prays that this Hon'ble Court be
a) That a
pay
judgment and decree be Passed against the Defendant/s directing to
Rs.5,78,Nine
And Twenty 829/- (Rupees Five Lakhs Seventy Eight Thousand Eight Hundred
due to till the date ofOnly) together with interest at the rate 18% p.a. from date of
realization:
b) That cost of the suit
may also be oded in favour of the
Plaintiff Bank;
c) Any other order
deems fit by this Honble Court.

ADVOCATE FOR THE PLAINTIFF

PLAINTIFF

VERIFICATION
I, Mr.
Swamy G.K, GPAholder and Manager of the
bank do hereby verify that above named Plaintiff
contents of paragraphs 1 to 17 of the plaint are
and correct to the best of my true
knowledge and as per record pertaining to the case
and paragraphs 18 to 24 are as per the legal
advice.

Place:
Date:
Mysore
PLAINTIFF
 KAMSO2-003053-2022

No. 1
PRL SENIOR CIVIL
COURT OF JUDGE AND CJM
IN THE
II ADDL
CHAITRA.
SENIORCIVIL JUDGE A.M.MysO
AND CJM. 0.SAIS822

HOLDERAND
SUMMONS FOR DISPOSAL OF CLRAJU
SUIT POA
ICICI BANK LID. RBY NEXTDATE:
IIS
rGK
411-2022
Vs

(0. 5, R. 1, 5.) MANAGER SWAMY

To,
C.J. RAJU 2LAKSHMIKANTHA
VJAYNACGARA
57 YRS, S/O CS
NAGAR, JAVAREGOWDA,
HUDCO HEBBAL
RJAT
1ST STAGE, NEAR NO.182, LIG,
2
POST, MYSORE-570017 MILTRY OUARIRASS
MANAGERSWAMY
Whereas ICICI BANK LTD. RMBY ITS POA Courtin
HOLDER AND this
G.K. has instituted a suit against you for you are hereby appearin
summoned to relatingtothesut,
person or by a pleader duly instructed (and able to answer all materi al quesdans 04-11-2022
who shall be accompanied by some person, able to answer all such quesions, anthe
appearance is
at 11:00 o'dock in the forenoon, to answer the claim; and as the day ired foryour
day allche
appointed for the final disposal of the suit, you must be prepared to produce on that support
witnesses upon whose evidence and all the documents upon which you intendtorely in
your defenCe
ake'notice thandefault of your appearance on the day before mendoned, the suit wl be
heard ana deternined in your absènce.
Given ynder.my hand and the seal of the Court, this 12-09-2022
Order of thyCa0

ChielMisturial Cfieur
Court o:
Netice1. ^hoakd you apprehefid ypùr yinelse_will not atend of their own accord, you cam lave suonin tom chis
witness, and the production of ay document that have a
rall uponheWiiess
Court applying to the Court and on deposicing de necessary youopenses
oprpdqjce, ofghghy
to compel chetendánd right to
2. Kyotvdmis theflaira yßu should pay the money into Court together with the cOsts ct the sut, to vcd
against your person or property, or both.
exegonge deçte, whchmay be
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from this Hon 'ble cOurt 1s