Allowed

State Bank of India v. Mr. Vishweshwar Rao Gunda

DRT22 Jul 2025OA/179/2025

Case brief

AI extract

What is this about?

In OA No.179 of 2025, the Appellate court allowed State Bank of India's application for recovery of Rs.39,45,314 with interest. The defendant was absent. The bank established its claim through documentary evidence and was ordered to proceed against mortgaged and personal properties for realization.

What did the court decide?

Defendant liable to pay total Rs.39,45,314 with interest; bank entitled to proceed against mortgaged and personal properties; recovery certificate issued; costs awarded.

State Bank of India versus Mr. Vishweshwar Rao Gunda — Execution and Attachment | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 22ND DAY OF JULY'2O25

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER oA.NO.179 0F 2025

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Between:

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State Bank of India, Stressed Asset Recovery Branch, (SARB-1) 2nd floor, TSRTC commuter Amenity centre, bus terminal complex, Koti, Hyderabad- 500 095. Represented by its Chief Manager Applicant

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VERSUS

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Mr. Vishweshwar Rao Gunda, #5-11 -116 to 119, flat no.502, Kalleda Apartments, Besides Tejaswini High School, Hanamkonda, Warangal - 506 001. Defendant

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Counsel for Parties:

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For the Applicant Sri C. Sreedhar

For the Defendant

:Exparte

ORDER

The Applicant Bank filed the^present OA against Defendant for recovery

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of a total sum of Rs.39,45,314l-^(Rupees Thirty Nine Lakhs Forty

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.,:" t-,'^..,;}' ^. thouseind;Three Hundred and Fourteen , ',' ' i., , "+t.. '^:'. only) i.e.,

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.^{:A) A suql.",ef ns.i$,O8+/-} -\t^{with furtherinterest@ 11.95olop.a with}

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,1,-i '^"fEqU nr ,fit-h.l-, -^-r-^m$s g-,+.ll,.r -+^ ^f -^^li^-li^-^{frotrlFateof application} +ill +h^ /ri-a^{tillthe date} af raali=:iiar^{of realization.} i:i ? '.. ,' ....,d', -,1' - \t, ,... , {r'-ff QanEW

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(oA.No.179l202s)

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b) A sum of Rs.1,89,603/-with further interest @ 10.90olo p.a with monthly rests from date of apprication tiil the date of realization.

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c) A sum of Rs.24,96,027/- with further interest @ 11.25olo p.a with monthly rests from date of apprication tiil the date of rearization. And in default for sale of mortgaged properties as mentioned in the schedule to OA.

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As per the averments in the application, the Appricant Bank states that defendant availed Home roan of Rs.16,73,000/- vide retter of arrangement dated 19.05.2015, To secure due repayment of home loan, the defendant executed agreement of mortgage in respect of schedule property and deposited the titre deeds dated 03.08.2015. After availing the loan facility, the defendant failed to comply the terms of sanction, hence the appricant bank was constrained to classify the account as NpA on 08.05.2024 and issued legal notice dated 17.04.2025. Inspite of several requests and demands, the defendant did not clear the outstanding. Hence this OA.

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Defendant called absent and set exparte on 08.07.2025.

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Sri S. Prath of the Applicant Bank examined himself

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ant documents, which are marked as

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(oA.N0.179/202s)

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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 entitled for the claim made in the oA against the Defendant as prayed for?

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Defendant called absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A1 to A.19. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendant and hence the Applicant Bank is entitled to recover the claim made in the oA with future interest and costs.

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B. In the result, the present OA is allowed with costs, as under: The Defendant is liable to pay to the Applicant Bank a total sum of Rs.39,45,314/- (Rupees Thirty Nine Lakhs Forty five thousand Three Hundred and Fourteen only) i.e,,

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a) A sum of Rs.12,59,684/- with further interest @ 11.95olo p.a from date of application till the date of realization.

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b) A sum of Rs.1,89,603/- with further interest @ 10,90o/o p.a from lication till the date of realization.

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6,027/- with further interest @ 11.25olo p.a

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tre{ iy,on till the date of realization.

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i*3 22luLt[|

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(oA.No.179l202s)

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The Applicant bank is entitled to proceed against the mortgaged schedule mentioned^properties in OA towards realization of the debt due.

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The Applicant Bank is also entitled to proceed against the^person and properties of defendant toward realization of the debt due.

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The Applicant Bank is entitled to the costs of the OA.

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12, 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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(oictated to the P.A., transcribed by her, corrected, signed and^pronounced by me in the open court on this the 22"dday of July'2025)

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sdl_ (G. GOPICHAND) PRESIDING OFFICER

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2 2 luL ilw)

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TRUE COPY
*M,' 9

State Bank of India v. Mr. Vishweshwar Rao Gunda

Case brief

What is this about?

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State Bank of India v. Mr. Vishweshwar Rao Gunda

Case brief

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