Questions to asked “Under the Oath” for written clarifications – Exposure of financial conspiracy been Engineered to fail MSME exporter by CA -Bank criminal nexus

Evidence Speaks, Now Let the Guilty Speak “Under the Oath” – Public Support Grows for Judicial Truth Inquiry

Mother Displaced, MSME Exporter Business Ruined, Foreign Buyers Betrayal of Exports Order Supply — CA ? ICICI Bank ? and Family Conspirators ? Who Engineered the Fall ? Questions Filed “Under the Oath”

A. Sanction, Disbursement & NPA Manipulation (ICICI Bank)

1. Under the Oath, did ICICI Bank issue the Sanction Letter dated 12 April 2017 with full knowledge that the credit was sought as MSME Export Finance and not a personal home loan?
2. Under the Oath, can you confirm whether the entire sanctioned amount in Tranche I & II was ever disbursed? If not, state the exact undisbursed balance and the reasons for withholding it.
3. Under the Oath, did you (Mr Nitin Joshi) classify the borrower’s account as NPA on 31 August 2020 without first issuing a 90-day notice mandated by RBI’s IRAC norms?
4. Under the Oath, explain how the bank complied with RBI COVID-19 moratorium circulars while simultaneously declaring the account irregular.
5. Under the Oath, did ICICI Bank obtain any written consent from the borrower to convert the facility purpose from export credit to home-loan classification?
6. Under the Oath, identify each internal approval note authorising the unilateral recall of the facility.
7. Under the Oath, was any pre-disbursement compliance certificate falsified or back-dated? Produce supporting documents.
8. Under the Oath, confirm whether the borrower’s export proceeds held in EEFC/NOSTRO accounts were ever unlawfully set-off against home-loan ledgers.
9. Under the Oath, did the bank ever communicate the reasons for non-release of further tranches in writing to the borrower before invoking SARFAESI?
10. Under the Oath, state whether the NPA classification was approved by the bank’s High-Value Credit Committee and provide minutes thereof.

B. Forgery & Blank-Signed Documents

11. Under the Oath, did any bank official insert terms in blank-signed Facility Agreements after the borrower executed them in good faith?
12. Under the Oath, who physically possessed the borrower-signed but incomplete Power of Attorney between April 2017 and August 2020?
13. Under the Oath, was any tampering detected in the stamp-undertaking sheets attached to the loan file?
14. Under the Oath, did the bank ever submit forged documents to DRT Jaipur? Identify the exhibit numbers.
15. Under the Oath, confirm the forensic authenticity of each borrower signature on Exhibits A-1 to A-8.

C. Recovery Practices & Human-Rights Violations

16. Under the Oath, describe the chain of command under which Recovery Officer Pankaj Champawat organised the eviction squad on 9 March 2025.
17. Under the Oath, did the eviction team deny the borrower access to essential medical support despite documented disability (sciatica) and diabetes?
18. Under the Oath, were audio or video recordings made during the eviction used to intimidate or shame the borrower publicly?
19. Under the Oath, explain why the eviction was executed on the death anniversary of the borrower’s father, and whether any sensitivity review was conducted.
20. Under the Oath, state whether the bank sought permission from DRT Jaipur after the borrower had moved an IA for stay.

D. Conspiracy with External Actors (Chartered Accountant & Family Members)

21. Under the Oath, did Bansilal Shah & Company ever receive monetary inducement from ICICI Bank to delay MCA filings?
22. Under the Oath, was CA Arvind Shah aware that withholding statutory filings would impair the company’s CIBIL score and bolster bank leverage?
23. Under the Oath, did Dhruv Shah or Nirali Shah (CA/CS) intentionally misreport financial ratios to trigger covenant breaches?
24. Under the Oath, confirm meetings between CA Arvind Shah and Recovery Officer Pankaj Champawat between January 2024 and March 2025.
25. Under the Oath, did Mr Suresh Chowdhary (maternal uncle) ever coordinate with CA and younger brothers Rahul and Praveen Chaudhary to remove the elderly mother from her lawful residence?
26. Under the Oath, did brothers Rahul and Praveen Chaudhary appropriate ₹18 lakh from loan proceeds and fail to credit it back?
27. Under the Oath, have Rahul or Praveen issued threats or engaged in physical violence to coerce property transfer?
28. Under the Oath, were forged signatures of the mother used to create or register any Power of Attorney after 9 March 2025?
29. Under the Oath, did any CA from Bansilal Shah & Co. counsel the brothers to file false SA in DRT Jaipur against the borrower?
30. Under the Oath, identify each Phone calls, conversation records, WhatsApp or email exchange proving collusion among the CA firm, bank officials, and family conspirators.

E. Procedural Lapses under SARFAESI & Indian Contract Act

31. Under the Oath, did the bank serve a valid Section 13(2) notice specifying the exact secured debt figure?
32. Under the Oath, was the valuation report attached to the Section 13(4) possession notice in conformity with Rule 8(5) of the Security Interest (Enforcement) Rules?
33. Under the Oath, disclose whether any pre-sale publication for auction on 12 May 2025 omitted mandatory 30-day advance notice.
34. Under the Oath, did the Authorised Officer verify title deeds before issuing symbolic possession?
35. Under the Oath, has the borrower’s application under Section 17(1) ever been decided on merits by DRT Jaipur?
36. Under the Oath, confirm whether the bank complied with Section 25 (Failure of Consideration) implications once disbursement was withheld.
37. Under the Oath, did the bank evaluate the doctrine of promissory estoppel before reneging on sanctioned amounts?
38. Under the Oath, has the bank computed consequential damages for breach under Section 73 ICA 1872?
39. Under the Oath, identify RBI circulars breached by the bank during COVID-19 relief period.
40. Under the Oath, produce internal legal opinions advising on the risk of classification as void ab initio loan.

F. International Trade Impact & Foreign Buyer Losses

41. Under the Oath, quantify export orders cancelled due to the bank’s failure to honour export finance disbursement.
42. Under the Oath, did the bank receive any written protest or notice from foreign buyers (provide dates and reference numbers)?
43. Under the Oath, confirm whether the borrower’s EEFC inwards remittances were delayed or rejected, causing contract frustration.
44. Under the Oath, disclose any complaints filed under UCP 600 or ICC URC by foreign buyers against the bank.
45. Under the Oath, acknowledge whether the bank’s actions breached India’s obligations under WTO-TFA Article 7 (Trade Facilitation).
46. Under the Oath, did the bank conduct an impact assessment on foreign exchange loss for the exporter?
47. Under the Oath, provide correspondence with DGFT regarding alleged export sabotage.
48. Under the Oath, state if the bank anticipated possible invocation of UNCITRAL Model Law arbitration by overseas buyers.
49. Under the Oath, confirm whether ICICI’s compliance department escalated red-flags under FATF Recommendation 16 (wire transfers).
50. Under the Oath, did any bank officer notify the borrower of reputational harm risk in international markets?

G. Medical Hardship & Human-Rights Aspects

51. Under the Oath, did the bank consider the borrower’s certified disability before enforcing possession?
52. Under the Oath, was a medical officer present during eviction, as required under NHRC guidelines?
53. Under the Oath, did the bank provide alternative accommodation to the borrower’s elderly mother?
54. Under the Oath, were any essential medicines or medical devices confiscated during eviction?
55. Under the Oath, has ICICI Bank received notices from NHRC or SHRC for human-rights violations linked to this case?
56. Under the Oath, did the bank follow principles of UN Basic Principles on Business & Human Rights in its recovery process?
57. Under the Oath, acknowledge any complaints lodged before UNHRC Special Rapporteur on Housing.
58. Under the Oath, did the bank’s conduct amount to cruel, inhuman, or degrading treatment contrary to Article 7 of the Rome Statute?
59. Under the Oath, identify any internal training or policy that authorises such aggressive recovery tactics.
60. Under the Oath, state whether the bank reported the incident to its Board-level CSR/Human-Rights Committee.

H. Procedural Irregularities before DRT/DRAT

61. Under the Oath, did Advocate Sharad Joshi file any affidavit containing knowingly false statements in SA-351/2024?
62. Under the Oath, was the DRT Presiding Officer made aware of forged documents but still proceeded ex-parte?
63. Under the Oath, did the bank oppose the borrower’s request for forensic verification? On what grounds?
64. Under the Oath, explain why the bank pushed for auction without waiting for DRAT Delhi appeal disposal.
65. Under the Oath, produce letters sent to Asset Reconstruction Company, if any, proposing assignment of debt.
66. Under the Oath, confirm the calculation of Reserve Price vis-à-vis circle rate and independent valuation.
67. Under the Oath, did the bank advise the PO that the borrower had cleared 34 EMIs already?
68. Under the Oath, were minutes of conciliation meetings suppressed before DRT?
69. Under the Oath, disclose ex-parte communications, if any, between bank counsel and the PO.
70. Under the Oath, state whether bank officers considered RBI Circular DBR.No.CID.BC.43/20.16.056/2019-20 (Wilful Default) before branding the borrower as wilful defaulter.

I. Asset Valuation & Auction Process

71. Under the Oath, was any independent government-approved valuer engaged for the property at 19, Alkapuri, Udaipur?
72. Under the Oath, did the bank accept a valuation significantly below market rate of ₹6–7 crore?
73. Under the Oath, did any potential bidder have prior connections to bank officials or the CA firm?
74. Under the Oath, were bid documents disclosed to the borrower 24 hours prior to auction, as per Rule 9(9)?
75. Under the Oath, confirm whether an E-auction platform with audit trail was used.
76. Under the Oath, state whether the borrower’s request for private-treaty sale to a ready buyer was rejected without reason.
77. Under the Oath, did the bank obtain DM/Collector’s assistance for physical possession despite a stay application?
78. Under the Oath, produce CCTV footage or logs from the auction venue/site.
79. Under the Oath, were environmental clearances or municipal taxes factored into reserve price calculation?
80. Under the Oath, identify any security interest created in favour of third parties after possession.

J. Internal Compliance & Whistle-Blower Reports

81. Under the Oath, did any ICICI employee file an internal whistle-blower complaint about irregularities in this account?
82. Under the Oath, was the complaint escalated to the bank’s Audit Committee?
83. Under the Oath, did the Compliance Head issue any remedial action memo?
84. Under the Oath, provide dates and outcomes of all Risk-Containment Unit reviews.
85. Under the Oath, has ICICI Bank self-reported any misconduct to RBI’s SBIU (Special Banking Integrity Unit)?
86. Under the Oath, identify the external law firm engaged for internal investigation and disclose its findings summary.
87. Under the Oath, did the bank carry Directors & Officers (D&O) liability insurance covering this misconduct?
88. Under the Oath, were any performance bonuses paid to officers involved, post-eviction?
89. Under the Oath, did any internal audit note flag the high risk of litigation damages exceeding ₹32 crore?
90. Under the Oath, confirm whether the bank’s Board received quarterly updates on this account’s litigation status.

K. Remedies, Settlements & Alternative Offers

91. Under the Oath, did the borrower submit any One-Time Settlement (OTS) proposal that met RBI norms?
92. Under the Oath, was a post-dated arrangement for third-party purchase (market-value buyer) ever placed before the Credit Committee?
93. Under the Oath, did the bank reject restructuring options under RBI MSME Circular dated 7 Feb 2018 without assessing eligibility?
94. Under the Oath, did the bank consider RBI Resolution Framework 2.0 (May 2021) for COVID-affected borrowers?
95. Under the Oath, explain grounds for refusing to release collateral documents blocking alternative finance.
96. Under the Oath, acknowledge any mediation facilitated by DRT Lok-Adalat and its outcome.
97. Under the Oath, provide the bank’s projected recovery ratio if borrower’s damages claim of ₹32 crore succeeds.
98. Under the Oath, did the bank ever explore International Commercial Mediation under Singapore Convention 2019?
99. Under the Oath, confirm whether the bank is willing to place disputed funds into escrow pending adjudication.
100. Under the Oath, identify any Board-level resolution authorising open negotiations with the borrower.

L. Cross-Border Legal & Compliance Exposure

101. Under the Oath, is ICICI aware of potential FCPA/UK Bribery Act exposure stemming from alleged bribery of CA/family members?
102. Under the Oath, has the bank considered the risk of sanctions if UN or EU bodies deem its actions human-rights-abusive?
103. Under the Oath, did the bank’s correspondent banks flag the account for AML or adverse media?
104. Under the Oath, disclose any communications with OFAC regarding blocked or suspicious payments linked to this borrower.
105. Under the Oath, has the bank assessed reputational damage in the US-EU ESG investor community?
106. Under the Oath, did ICICI’s Internal Risk Model assign heightened probability of loss given default (LGD) after litigation commenced?
107. Under the Oath, confirm whether any of the foreign buyers have initiated ICC Paris arbitration naming ICICI Bank as co-respondent.
108. Under the Oath, state categorically whether ICICI Bank now accepts liability for damages caused by its failure to disburse sanctioned export credit and collateral misconduct described above.