SBI v. Suvaikin Alexander
Case brief
What is this about?
DRT allowed SA by Exit claim for Rs.66.55 lakhs with 8.85% simple interest, permitting recovery from defendant personally and mortgaged assets after crediting amounts received.
What did the court decide?
Recovery certificate issued for Rs.66,55,190.77 with 8.85% simple interest; recovery from defendant and assets permitted; cost allowed upon memo.
What the court decided
IN THE DEBT RECOVERY TRIBUNAL –II CHENNAI
Dated this 19th day of March, 2024
PRESENT: SHRI T.RAJESH PRESIDING OFFICER
TA.No.721 of 2022
(Old OA.No.109/2019 - DRT-I, Chennai)
State Bank of India, RACPC Represented by its Chief Manager RACPC, Egmore, Chennai – 600 008
… Applicant.
Vs.
Suvaikin Alexander S/o A. Yesuvadian S 1, B – Block, AAkswara Apartments, Plot No 1 & 2 Vaikai Street, Chinmayanagar Stage II, Virugambakkam, Chennai – 600 092
… Defendant. Counsel for Applicant : M/s.S.R. Sumathy. Defendant : Exparte.
ORDER
- The Application is filed Under Section 19 (1) of the Recovery of Debts And Bankruptcy Act, 1993 seeking for issuance of a Recovery Certificate for Rs.66,55,190.77p due in Housing Loan availed by the defendant.
Issues for consideration
3 issues framed by the court
Whether the applicant had proved the after-dating of adjustment claim under Section 19(1) of RDB Act?
What orders are to be passed regarding the issuance of recovery certificate and interest awards?
Whether the claim is within limitation and subject to correct interest calculation including pendentelite and future interest?
Parties & counsel
- applicant
State Bank of India
Coram
T. Rajesh
Case details
As recorded by the court registry
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