Debt Recovery Tribunal allowed the bank's appeal for recovery. The court held the bank established its claim for a housing loan default via mortgage sale and personal recovery proceedings.
Recovery of Rs.87,61,691 with interest; realization from mortgaged and personal properties; costs awarded; recovery certificate issued.
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 RECOVERYTRIBUNAL-I AT HYDERABAD
DATED THrs rHE 2ND DAy oF AUGUsr, zo24
PRESENT: SRI GUMMADI GOPICHAND, PRESIDING oFFIcER
OA.No.9O ot 2024
Between:
State Bank of India, Stressed Assets Recovery branch-II, 1-8-563/1, RTC Cross roads, Opp Sandhya theatre, 1't floor, Chikkadpally, Hyderabad - 20. Rep by its Chief Manager
Applicant
VERSUS
Smt Kirthi Goel,
WoSri MaheshKumar Goel, R/o C.704, Jal Vayu towers, Gandhi nagar, Hyderabad - 80.
Also at
Flat no.102, 1't floor, Sri Vidhya Ambrosia, Sy.No.79 (part) Madhapur village, Serilingampally Mandal, Ranga Reddy District, Telangana State
Also at
Villa no.2o, sunrise valley, Sunrise Homes colony, Golden heights colony, Upperpally, Hyderabad, Telangana-
Also at:
C/o Sri Krishna Enterprises, Prop. Mrs. Kirthigoel, H.No.2-3-146lA, Nallagutta Market, Ramgopalpet, Secunderabad, TS - 500 003.
(OA.No.90/2024)
Counsel for the Parties: For the Applicant For the Defendant
Sri C. Prabhakar Exparte
ORDER
1' The Appricant Bank fired the present oA against Defendant for recovery of a total sum of Rs.g7,61,691/_ (Rupees Eighty Seven Lakhs Sixty One thousand Six hundred and Ninety One only ) with further interest @ g.250lo p.a with monthry rests from date of apprication tiil the date of rearization and in defaurt for sare of mortgaged property as described in the schedule to OA.
2' As per the averments in the appfication, the Appricant Bank states that defendant is the borrower who avaired housing roan of Rs,88,50,000/- on 10.11.201g and executed memorandum of loan agreement, agreement to mortgage dated 10.11.2018. The defendant arso deposited the agreement of sare deed dated 09.11.2018 and created mortgage of schedule mentioned property. After availing the loan facilities, the defendant failed to comply the terms of sanction, hence the applicant bank was constrained to classify the account as NpA and issued regar notice dated 13.02.2024. Inspitg": uests and demands, the this OA. derendanr did not :lli$-f::;h* I
(OA.No.90/202a)
(oA.No.90/202a)
property as described in schedule to OA towards realization of the debt due.
(Dlctated to the P.A., transcribed by her, corrected, signed and pronounced by me in the open court on this the 2nd day of Aug,2024)
sdl(G. GOPTCHAND) PRES]DING OFFICER
,d.
0 2 AUC m2t
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lclt. Regtslnr
nor.r, r1'rnt 41611P'
1 issue framed by the court
Whether the Applicant Bank is entitled to the claim made in the OA against the Defendant?
1 provisions across 1 enactments
State Bank of India, Stressed Assets Recovery branch-II
Smt Kirthi Goel
Gummadigopichand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
