Allowed

State Bank of India v. Mrs/Ms. Dabiikar Pranitha

DRT3 Nov 2023OA/128/2023

Case brief

AI extract

What is this about?

Allowed an originating application under Section 151 of the NBFC Rules/Trade practices. The Tribunal held that the bank successfully proved the default and was entitled to recover the principal amount with interest and proceed against mortgaged property.

What did the court decide?

Allowed OA; Defendants jointly liable to pay Rs.26,05,309/- with interest; permitted to proceed against mortgaged property and persons; issued recovery certificate.

State Bank of India versus Mrs/Ms. Dabiikar Pranitha — Specific Performance | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.I AT HYDERABAD DATED THIS THE 3RD DAY OF NOVEMBER'2023

¶2

PRESENT: sRI GUMMADI GoPIcHAND, PRESIDING oFFICER

¶3

OA.No.12B ot ZO23

¶4

Between :

¶5

State Bank of India, Stressed Assets Recovery Branch, 2"o floor, TSRTC Bus Terminal complex (commuter Amenity Centre), Koti, Hyderabad. Represented by lts Chief Manager

¶6

Applicant

¶7

VERSUS

¶8

Mrs/ Ms. Dabiikar pranitha, D/o Sri Dabbikar Veeroji, major, I-emale, R/o H.No.3-191, block no.3, Krishna colony, Nandipahad, Miryalaguda, Nalgonda dist -5OB 207.

¶9

Also at

¶10

flat no.10B, Hima Sai pujitha Apartments, doctors colony, Kothapei, Miryalaguda Mandal, Nalgonda dist - 508 207.

¶11

Sri ,^{Dabbikar Veeroji, s/o Sri Narsoji, major,} male, R/o H.No.3-191, block no.3, Krishna colony, Nandipahad, Miryalaguda, Nalgonda dist -508 207.

¶12

Also at

¶13

H. No.14- 166, Miryalaguda, d ist.a^{0 ,i'} NCy ?nr?^* Defenda nts rrl \

¶14

(oA.No.128l2023)

¶15

Counsel for the pa rties:

¶16

For the Applicant

¶17

For the Defendants

¶18

Sri P.V. Satyanarayana

¶19

Expa rte

¶20

ORDER

¶21

1' The Appricant Bank fired the present oA against Defendants for recovery of a total sum of RS.26,O5,3O9/_ (Rupees Twenty Six Lakhs Five thousand Three hundred and Nine only) with interest @ 13'500/o p.a with monthry rests from date of apprication ti, the date of realization and in default for sale of mortgaged immovable property as described in the schedule to OA.

¶22

As per the averments in the application, the Applicant Bank states that the defendant No.2 is the father of 1.t defendant who availed educationar roan of Rs.20'00 rakhs non 28.01.2013 and defendants executed arrangement retter dated 28.01.2013. To secure repayment oF outstanding riabirity, the 1't defendant deposited the regd sare deed no.4500 of 2OO7 dated 12.10.2007 and the same was extended by way of Memorandum for recording extension of mortgage by deposit of tire deeds on 28.01.2013. loan facilities, the defenda nts failed to comply the t the a pplica nt bank was ii 0 3 l\Cy rnn^* iri av W""t#

¶23

(oA.No.128/2023)

¶24

constrained to classify the account as NpA on 31.10.2020 and issued demand notice dated 02.11.2020. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this oA.

¶25

Defendants 1 & 2 called absent and set exparte on 25.07,2023.

¶26

sri P. Prabhakar, Manager of the Applicant Bank examined himself as AW.1 and exhibited rerevant documents, which are marked as Ex.A.1 to A.11.

¶27

Heard the Ld, Counsel for the Applicant Bank.

¶28

The point that arise for consideration is whether the Applicant Bank is

¶29

entitled for the claim made in the OA against the Defendants as prayed for?

¶30

Defendants called absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, officiar of the Appricant Bank was examined and he exhibited relevant documents as Ex.A1 to A.11. In view of the above, I hold that the Appricant Bank has estabrished their craim made in the OA against the Defendants and hence the Applicant Bank is entitled to recover the claim made in the oA with future interest and costs.

¶31

r,' -
i; i* 03ilou7rn *
,t'l i:
Q**9

¶32

(OA.No.128/2023)

¶33

B. In the result, the present OA is allowed with costs, as under:

¶34

The Defendants are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.26,O5,3O9/_ (Rupees Twenty Six Lakhs Five thousand Three hundred and Nine only) with interest @ 13.50o/o p.a from date of apprication tiil the date of rearization ;

¶35

The Applicant Bank is entiiled to proceed against the mortgaged immovable property as described in the schedule to OA.

¶36

the Applicant Bank is also entiiled to proceed against the person and

¶37

properties of defendant No.2 and properties of defendant no. 1 firm

¶38

towards realization of the debt due.

¶39

The Applicant Bank is entiiled to the costs of the OA.

¶40

1J. The Applicant shall file a cost memo within two weeks from the date of receipt of order.

¶41

Issue Recovery certificate accordingly.

¶42

communicate a copy of the order to the parties concerned.

¶43

(Dictated to the p.A., transcribed court on this the 3.d day of Nov, 2023)-by-her, corrected, signed and pronounced by me in the open

¶44

W,--#

¶45

sd/-
(G. GOPTCHAND)
PRESIDING OFFICER
o TRU,fi cOpy
@ay,
,#:,'j;{;'!;{eloLrr?

State Bank of India v. Mrs/Ms. Dabiikar Pranitha

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mrs/Ms. Dabiikar Pranitha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

State Bank of India versus M/S. Rekha Automotives

Bank of Baroda versus Mr. Kola Santosh

Karur Vysya Bank versus M/S Dynamic Cables

State Bank of India versus M/S. Global Steel Traders

State Bank of India versus Sri. Vadluri Sambaiah

State Bank of India versus Smt. Shobha Rani