BEFORE THE HON’BLE DEBT RECOVERY TRIBUNAL / APPELLATE TRIBUNAL / HIGH COURT

(Jurisdiction-specific details to be filled as per filing requirement)

IN THE MATTER OF:

Suneil Chaudhary
S/o Late Krishna Kant Chaudhary
Resident of 19, Alkapuri, Udaipur, Rajasthan – 313001
(MSME Exporter, Primary Borrower, Complainant & Applicant)
…APPLICANT

VERSUS

ICICI Bank Ltd.
Through its Authorized Officer & Recovery Manager
ICICI Bank Tower, Bandra Kurla Complex, Mumbai
…RESPONDENT NO. 1

Mr. Pankaj Champawat
ICICI Recovery Officer
…RESPONDENT NO. 2

Mr. Nitin Joshi
Recovery Agent & Executor of Disputed Possession
…RESPONDENT NO. 3

CA Arvind Shah & Associates
Financial Advisor & Alleged Conspirator
…RESPONDENT NO. 4

Sharad Joshi, Advocate
Alleged Conspirator & Legal Handler of Fake Narrative
…RESPONDENT NO. 5

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TITLE OF THE APPLICATION:

“Application to Investigate Concealment of Fraudulent Loan Closure and Criminal Misuse of Loan Documents under Section 17 of SARFAESI Act read with Article 14, 21, and 300-A of the Constitution of India.”

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MOST RESPECTFULLY SHOWETH:

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I. FACTUAL BACKGROUND:

1. That the Applicant is a law-abiding citizen, a registered MSME exporter operating since 1995, who availed a sanctioned term loan from ICICI Bank to support export operations.
2. That ICICI Bank fraudulently converted the sanctioned MSME loan into a personal home loan using blank signed documents, including the facility agreement, power of attorney, declaration-cum-undertaking, and stamp undertakings.
3. That despite being the primary borrower, the Applicant was deliberately excluded from all communications, disbursal records, foreclosure payment updates, and property transfer-related correspondence.

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II. GROUNDS FOR THIS APPLICATION:

1. Illegal Use of Blank-Signed Documents

The facility agreement and other critical documents were pre-signed under blank columns (name, amount, date, purpose). These were later backfilled without consent, violating:

• Section 20 of Negotiable Instruments Act
• Section 17 & 18 of Indian Contract Act (fraud and misrepresentation)

2. Concealment of Payment and Loan Closure Information from Main Borrower

Despite being the sanctioned borrower, the Applicant was:

• Not notified about the so-called loan foreclosure.
• Not informed of the source of the closing payment.
• Denied access to account statements, balance certificates, and closure receipts.

3. Fabricated Co-Borrower Narrative for Asset Seizure

A false narrative was created that:

• The Applicant is not the real borrower.
• The 82-year-old mother willingly paid the foreclosure.
• The loan was repaid by the co-borrowers or their family.

These statements were not just false, but strategically crafted to dispossess the Applicant of his ancestral property using duress and forged POA.

4. Concealed and Criminal Financial Trail

No financial trail has been provided for:

• The foreclosure payment.
• The source account or payee ledger.
• The authorization for settlement.

This violates RBI Circulars on Fair Disclosure and raises red flags of money laundering and criminal misappropriation.

5. Infringement of Constitutional and Legal Rights

• Article 14 – Right to Equality violated by selective communication and exclusion.
• Article 21 – Right to Life and Livelihood endangered due to business collapse and wrongful eviction.
• Article 300-A – Right to Property violated by illegal possession via forged foreclosure.

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III. PRAYER CLAUSE:

In light of the above, the Applicant most respectfully prays for the following reliefs:

1. Direct a judicial inquiry or forensic audit into the alleged foreclosure transaction and all associated payments made towards loan account(s) in the name of the Applicant.
2. Quash and set aside the possession proceedings, closure certificate, and all foreclosure-related transactions executed without the Applicant’s consent.
3. Direct the Respondents to disclose the full transactional trail, including who paid, how much, and under whose authorization.
4. Stay all further proceedings, auction attempts, or title transfers until the completion of investigation into these criminal acts.
5. Initiate criminal proceedings under IPC Sections 120B, 420, 463-471 against the individuals involved in forging, backdating, and misusing legal loan documents.
6. Award compensation for damages caused to the Applicant’s MSME export business, foreign trade losses, and human rights violations.
7. Any other relief this Hon’ble Tribunal/Court may deem just and proper in the interest of justice.

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IV. ANNEXURES:

1. Annexure A – Blank-Signed Facility Agreement and Power of Attorney
2. Annexure B – Declaration-cum-Undertaking and Stamp Undertakings
3. Annexure C – MSME Registration and Export Licenses
4. Annexure D – CA involvement evidences, emails, Statements, Disbursal Letter, and Reports
5. Annexure E – Email/WhatsApp records showing exclusion from communications
6. Annexure F – Evidence of occupation, eviction, and ICICI team coercion

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V. VERIFICATION:

I, Suneil Chaudhary, the deponent above-named, do hereby verify that the contents of the above application are true and correct to the best of my knowledge and belief. Verified on this 02 day of July 2025 at JAIPUR.