The Debts Recovery Tribunal allowed an Original Application by State Bank of India. The court held the bank established its claim. The decretal order directed defendants to pay the principal amount, interest, and costs.
Recovery certificate issued directed defendants to pay Rs.23,10,575/- with future interest @ 11.50% p.a. and costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 8TH DAY OF NOVEMBER'2023
PRESENT: sRI GUMMADI GoPIcHAND, PRESIDING oFFICER
OA.No.175 of 2023
Between:
State Bank of India, Stressed Assets Recovery Branch, 2nd floor, TSRTC Commuter Amenity Centre, Bus Terminal complex, Koti, Hyderabad - 500 095. Represented by its Chief Manager
Applicant
VERSUS
Also at
G-F285/7L, DLF Ankur Vihar Loni, Ghaziabad, Uttar pradesh -2OI IO;2.
(OA, No,17sl2023)
Also at
G-F2B5/L7, DLF Ankur Vihar Loni, Ghaziabad, Uttar pradesh-2Ol rc;2.
Defenda nts
Counsel for the parties:
For the Applicant
Sri C. Prabhakar
For the Defendants Exparte
ORDER
1' The Appricant Bank fired the present oA against Defendants for recovery of a total sum of Rs.23r1or575l_ (Rupees Twenty Three Lakhs Ten thousand Five hundred and Seventy five only) (Rs.1O,19,376,/- + Rs.12,g:-,tgg/_) with future interest @ 11.50% p'a with monthry rests from date of apprication ti, the date of rearization and in defaurt for sare of mortgaged property as described in the schedule to OA.
(oA. No.17512023)
agreement dated 25.03.2011. Kum Rehana Bee created equitabre mortgage by way of deposit of sale deed no.9730/2010 dated 24.09.2010 in respect of OA schedule property. After availing the aforesaid home loan, Kum Rehana Bee and Mrs. Gori Bee availed home top up loan of Rs.17,50,000/- vide arrangement letter dated 24.0t.2018. Thereafter the aforesaid Mr. Chunnumia died on tO.Ot.2O77, Kum Rehana Bee died on 2t.11.2021 and Mrs. Gori Bee died on 09.02.2022. Hence the legal heirs of Kum Rehana Bee r.e., defendants l and 2 fired oS No,3B7/2022 before II Addr lr. civir Judge vide Judgement dated rB.to.zo22. Thereafter the roan accounts of defendants were transferred to Appricant Bank for recovery of debt. After avairing the roan facirities, the defendants faired to compry the terms of sanction, hence the applicant bank was constrained to classify the account as NpA and issued regar notice dated 08.05.2023. Inspite of several requests and demands, the defendants did not crear the outstanding. Hence this OA.
as Ex.A.1 to A.20.
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(oA. No.17sl2023)
(oA.No.17sl2023)
(Dictated to the P.A., transcribed by her, corrected, signed and pronounced by me in the open court on this the 8th day of Nov, 2023)
sd/_
(G. GOPTCHAND)
PRESIDING OFFICER
TRUE COPY ,"mrffie
1 issue framed by the court
Whether the Applicant Bank is entitled for the recovery claim made in the Original Application against the Defendants?
State Bank of India
Mohd Kamar A Alam
Mohd Abid
GUMMADI GOPICHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
