Allowed

State Bank of India v. Smt Pathan Mehajabeen

DRT16 Jan 2023OA/273/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's order against the legal heirs of the deceased loan borrower for recovery of the outstanding home loan amount, interest, and costs, while confirming the right to proceed against mortgaged and personal properties.

What did the court decide?

Debt of Rs. 29,17,697 with interest at 7.50% p.a. and costs awarded to the Applicant Bank. Recovery certificate issued.

State Bank of India versus Smt Pathan Mehajabeen — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THrs THE t6rH DAy oF JANUARYI 2023

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PRESENT: SRI GUMMADI GOPICHAND, PRESTDING OFFICER

OA.No.273 ot ZO22

Between:

State Bank of India,

Stressed Assets Recovery Branch _II, 1-8-563/1, RTC Cross roads, Opp Sandhya theatre, 1st floor, Chikkadpally, Hyderabad- 20 . Represented by its Chief Manager

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Applicant

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VERSUS

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Smt Pathan Mehajabeen, w/o Late Sri^pathan Mahaboob Khan, female, aged 48 yrs, flat no.103, ground floor, Lakshmi Gandikota Residency, Malleshwari road, Ananthapur district - 51S OO1.

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Sri Pathan Muhammad Arfaath Imam s/o Late Sri^pathan Mahaboob Khan, male, ag-ed 17 yrs, flat no.1O3, ground floor, Lakshmi Gandikota Residency, Malleshwari road, Ananthapur district - 515 OO1.

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Srj Pathan ArshiyaSiddiqha, D/o Late Sri^pathan Mahaboob khan, Male, aged 16 yrs, flat no.103, ground floor, Lakshmi Gandikota Residency, Malleshwari road, Ananthapur district - 515 OO1.

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Khan,
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Defendants

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(oA.No.273/zo22l

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Counsel for the partiesi For the Applicant For the Defendants

Sri C. Prabhakar

Exparte

ORDER

1' The Appricant Bank fired the present oA against Defendants for recovery of a total sum of Rs.29,17,697l_ (Rupees Twenty eight lakhs Seventeen thousand Six hundred and Eighty Seven onty) i'€', (Rs.25,60,0g0/- + Rs.2,57,5g7/-)with further interest @ 7.50o/o p.a with monthly rests from date of filing of oA till the date of rearization and in defaurt for sare of mortgaged properties as described in the schedule'.A &B,, to OA.

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2' As per the averments in the apprication, the Appricant Bank states that Mr.^{pathsanMahaboob} Khan (husband of defendant no.1 and father of defendants 2 & 3 availed home loan of Rs.28,29,0 OO/_ for purchase of oA schedure property through arrangement retter dated 08.03.2021. To secure due repayment of home loan, Mr. pathan Mahaboob khan executed loan agreement dated OB.O3.2OZ7 and created equitable mortgage on 07.04.2021 by way of deposit of sale deed 1 dated 09.03.2021 in respect of OA schedute I ftrtet e the said^pathan Mahaboob k lr-.) Khan

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pi* lr[.'lAlluB$atnr$/flahbboob Khan. The property mortgaged $rIng E 2

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(oA.No.273/zoz2l

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by said rate^pathan Mahaboob Khan was devolved upon defendants 1 to 3 being legal heirs and successors and hence joinfly and severally liable to repay the entire debt. After availing the loan facilities, the defendants failed to comply the terms of sanction, hence the applicant bank was constrained to classify the account as NpA and issued demand notice dated 22.07.2022 and legal notice on L0.08.2022. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants were called absent set exparte on L2.t2.2022.

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4' shri P. Prabhakar, Manager of the Appricant Bank examined himserf as AW.1 and exhibited rerevant documents, which are marked as Ex.A.1 to A.11.

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Heard the Ld. Counsel for the Applicant Bank.

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

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

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prayed irP * lled absent and set exparte. To substantiate nt Bank, AW.1, official of the Applicant Bank exhibited relevant documents as Ex.A1 to

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(oA.No.273/20221

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A.11. In view of the above, I hold that the Applicant Bank has estabrished their craim made in the oA against the Defendants and hence the Applicant Bank is entifled to recover the claim made in the OA with future interest and costs.

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

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The Defendants 1 to 3 are joinUy and severally liable to pay to the Applicant Bank a total sum of Rs.2g,17,6a7/_ (Rupees Twenty eight lakhs Seventeen thousand Six hundred and Eighty seven only) i.e., (Rs.25,60,0g0/_ + Rs.2,57,5g7/_)with further interest @ 7.50o/o from date of filing of OA till realization.

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i) The Applicant Bank is entitled to proceed against the mortgaged

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immovable properties as described in the schedule "A &8" to OA towards realization of the debt due.

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ii) the Applicant Bank is arso entitred to proceed against the person

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and .propeftiei\q(.defendants towards rearization of the debt due. bank can proceed only to the extent of

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- - defendants being legal heirs of deceased

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iii) wlpThe Applicant The Applicant Applicant Bank is entiUed Kha n.entiUed Kha n.to the costs of the OA.the costs of the OA.costs of the OA.of the OA.the OA.OA. to the costs of the OA.the costs of the OA.costs of the OA.of the OA.the OA.OA.

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iii) wlpThe Applicant The Applicant Applicant Bank is entiUed Kha n.entiUed Kha n.to the costs of the OA.the costs of the OA.costs of the OA.of the OA.the OA.OA.

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loA.No.273l2022)

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

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Issue Recovery certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Dictated to the P'A., transcribed by her, corrected, signed and pronounced by me in the open court on this the 16th day of Jan.,2023)

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sdl-

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(G. GOPICHAND) PRESIDING OFFICER

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TRUE COPV

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State Bank of India v. Smt Pathan Mehajabeen

Case brief

What is this about?

What did the court decide?

State Bank of India v. Smt Pathan Mehajabeen

Case brief

What is this about?

What did the court decide?

What the court decided

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