Allowed

State Bank of India v. Kulvinderkaur Baldevsingh Dhillon

DRT22 Sept 2025OA/156/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an ex-parte application by State Bank of India for recovery of Rs. 38,25,420/- along with future interest at 7% per annum, securing the claim via a mortgaged flat in Nanded.

What did the court decide?

Defendant to pay Rs. 38,25,420/ - along with future interest at 7% p.a .simple from filing date; Recovery Certificate issued; Power to sell mortgaged property.

State Bank of India versus Kulvinderkaur Baldevsingh Dhillon — Execution and Attachment | DRT (2025)

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Presented on: 01.03.2022 Registered on: 18.06.2022 Decided on: 22.09.2025 Duration: Y M D 03 03 04

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IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Shri Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No.156/2022

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TOTAL CLAIM AMOUNT – Rs. 38,25,420/-

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STATE BANK OF INDIA

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A body corporate constituted under the State Bank of India Act, 1955, having its Central Office at, Madam Cama Road, Mumbai 400021, and one of its branch at RACPC New Mondha, Nanded, Dist. Nanded, Through one of its Officer i.e. Manager, Shri. Kumar Saurabh, Age: 38 Years, Occu: Service as Manager, State Bank of India, Branch at

… Applicant

(OA No.156-2022)

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[Ambadas]

RACPC Nanded, Dist. Nanded, and having authority to file the application which is includes the authority to sign and verify the

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application.

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Versus

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Mrs. Kulvinderkaur Baldevsingh Dhillon, … Defendant

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Age: 51, Occu.: Business

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R/o: A/p Hingoli Gate Road, Dashmesh Nahar,

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(Near Khalsa College) Dist. Nanded.

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Mob. No.8390696762.

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APPEARANCES For the Applicant Mr. Arun Rakh - Advocate For Defendant Ex-parte

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J U D G M E N T Delivered on (22.09.2025)

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The Applicant Bank has filed the present application for

(OA No.156-2022)

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[Ambadas]

recovery of the sum of Rs. 38,25,420/- (Rs. Thirty Eight Lacs, Twenty Five Thousand, Four Hundred and Twenty Only) together with interest @7.40 % p.a. with monthly rests upon Home loan from 03.02.2022 till the full realization of the entire dues and costs from the Defendant.

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Brief facts of the application are as under:

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That the Defendant approached the Applicant Bank and requested the sanction of a Home Loan Facility. Upon considering the Defendant’s representation, request, and financial needs, the Applicant Bank sanctioned the Home Loan of Rs. 31,00,000/- (Rs. Thirty One Lacs Only) and funding of Home Loan Insurance Cover Loan amount Rs. 1,96,000/- (Rs. One Lacs, Ninety Six Thousand Only) vide Arrangement letter dated 17.07.2015 on certain terms & conditions.

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The agreed rate of interest for the Home Loan Facility was @8.35% per annum with monthly rests.

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In order to secure the aforesaid Home loan facility, the

(OA No.156-2022)

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[Ambadas]

Defendant executed loan documents in favour of the applicant bank namely sanction letter, demand promissory note, request letter, hypothecation agreement, letter of undertaking, equitable mortgage etc.

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The applicant bank contended that to secure the home loan facility, the Defendant equitable mortgaged his immovable property and created charge and security interest by executing equitable mortgage deed bearing No.3542/2015 dated 30.06.2015 and correction Deed bearing No.3968/2015 dated 16.07.2015 in favour of the applicant bank in respect of the following property:

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All the pieces and parcel of Flat No. 601, admeasuring 1095 sq. feet, New Flat, Amrit Residency, SGGS College, Behind SBI Bank, Vishnupuri, Nanded, Taluka and District Nanded and bounded as under:

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East :- Flat No. 608, West :- Open Space, South :- Inter B wing Apartment, North :- Open Space.

(OA No.156-2022)

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[Ambadas]

The applicant Bank further contended that the Defendant has failed to keep his promises and commitments agreed by him with regard to due repayment of the loan amount. The Defendant failed to operate the loan account properly and failed to pay the agreed rate of interest as per terms and conditions of the sanction letter. Thereafter the applicant bank repeatedly made demand of loan amount and called upon the Defendant to pay with the agreed rate of interest thereon, but the Defendant failed and neglected to pay the same. The loan account of the Defendant became irregular and classified as NPA on 29.06.2019. Therefore on 30.10.2021, the applicant Bank issued legal notice to the Defendant through their Advocate. Despite service of Notice, the Defendant failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

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The Defendant failed to appear despite service through Publication. Hence, the Defendant was proceeded ex-parte vide Order dated 25.08.2025

(OA No.156-2022)

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[Ambadas]

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Kumar Saurabh, Manager of the applicant bank and has produced on record the original loan transaction documents as Annexure A-I to A-IX along with list of documents Exh.5 which corroborates the case of the applicant Bank.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Since the Defendant failed to appear and contest the application, I find no reason to disbelieve the unrebutted evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

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The Applicant Bank has claimed future interest at @7.40% per annum with monthly rests from 03.02.2022 till the full realization of the entire dues and costs from the Defendant. However, considering the facts of the case, I am of the opinion that awarding future interest at @7 % per annum (simple), it would be just and reasonable.

(OA No.156-2022)

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[Ambadas]

Hence, I pass the following order.

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ORDER

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(A) Original Application No.156/2022 is allowed with costs.

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(B) The Defendant shall pay to the Applicant Bank a sum of Rs. 38,25,420/- (Rs. Thirty Eight Lakhs, Twenty Five Thousand, Four Hundred and Twenty only), along with future interest at @7% per annum (simple) from the date of filing of the Original Application, i.e., 18.06.2022, until full payment/ realization of the said amount.

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(C) The aforesaid adjudicated amount is secured by an immovable property mortgaged in favour of the Applicant Bank vide document Exh. A-IV in list of documents Exh.5. The mortgaged property is described as follows:

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All the pieces and parcel of Flat No. 601, admeasuring 1095 sq. feet, New Flat, Amrit Residency, SGGS College, Behind SBI Bank, Vishnupuri, Nanded, Taluka and

(OA No.156-2022)

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[Ambadas]

District Nanded and bounded as under:

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East :- Flat No. 608, West :- Open Space,

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South :- Inter B wing Apartment,

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North :- Open Space.

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(D) The applicant Bank is entitled to sell the mortgaged immovable property and hypothecated articles/goods etc., to recover its dues.

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(E) Issue Recovery Certificate accordingly.

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(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and Defendant.

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(G) File be consigned to the record room.

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Sd/-

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(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad.

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Place : Aurangabad Date : . 22.09.2025

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(OA No.156-2022)

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[Ambadas]

State Bank of India v. Kulvinderkaur Baldevsingh Dhillon

Case brief

What is this about?

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State Bank of India v. Kulvinderkaur Baldevsingh Dhillon

Case brief

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