Debts Recovery Tribunal allowed an application for a Recovery Certificate based on an un-rebutted claim for a defaulted home loan, permitting recovery with simple interest and against mortgaged property.
A Recovery Certificate to be drawn and issued for recovery of Rs.42,01,934.24 with 6% simple interest from date of filing.
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-II, BANGALORE
Dated this 28th Day of November, 2025
PRESENT: SHRI T. RAJESH Hon’ble Presiding Officer
O.A.No.153 of 2024
State Bank of India, Erstwhile State Bank of Mysore, Chandrapura Branch, Bengaluru. Asset Recovery Management Branch, (SARB), #11/90, 3rd Floor, Near Old Shivaji Theatre, JC Road, Bengaluru – 560 002. Represented by its Chief Manager.
… Applicant.
Vs.
Sri Lokesh Muniswamy Naidu, S/o. Muniswamy, Residing at : Near Gopalan Residency Apartments, #98, 6th Cross, Ramdas Layout, Cheluvappa Garden, Bengaluru – 560 023. And also residing at: No.07, 11th Cross, Cholarapalya, Vijayanagara, Bengaluru – 560 040.
And also at: M/s.Kross Connection Travels (P) Ltd., No.23/2, Hauding Road, Near Talvar Gym, Ulsoor, Bengaluru – 560 042. … Defendant.
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Counsel for Applicant : Sri K.Prakash. Defendant : Exparte.
ORDER
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loan account of the defendant was classified as NPA on 10.10.2017.
The applicant bank had issued notice u/s.13(2) of the SARFAESI Act dt.23.11.2018 calling upon the defendant for repayment of dues. Despite availing the credit facility by obliging to pay back the amount, the defendant failed in compliance of the same and all the efforts of the Applicant to make the defendant pay back the amount failed, forcing the Applicant to file this Application.
ii)If so, to what extent?
Both these issues are gone into and decided together.
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found to be entitled for the OA claim. The OA claim is made within
limitation and there is no capitalization of penal interest.
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(Dictated to PS, transcribed by him corrected and pronounced by me in the open Court on this the 28th day of November, 2025)
Sd./- (T. RAJESH) PRESIDING OFFICER
Applicant Witness:
AW1 –Mr.Vivek Raina, Chief Manager, Applicant Bank.
Exhibits on the part of the Applicant:
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Exts.A7 & A8 - Statement of Accounts. (2 Nos.) Witness Examined for the Defendant:
NIL
List of Documents Exhibited for the Defendant :
NIL
Sd./-
PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim against the Defendant?
If so, to what extent?
1 provisions across 1 enactments
State Bank of India, Erstwhile State Bank of Mysore, Chandrapura Branch, Bengaluru
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
