The DRT allowed the bank's application for recovery of a housing loan default. The court confirmed the amount due and directed the sale of mortgaged property to recover the debt, dismissing the case ex-parte due to no defense.
Recovery of Rs. 20,80,992/- plus interest and costs; liberty to sell mortgaged immovable property and other assets for balance dues.
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.
O.A. No. 181 of 2022
17.09.2025
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 17th day of September, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
ORIGINAL APPLICATION No. 181 of 2022
Canara Bank Guduvancherry Branch, Rep. by its Branch Manager No. 140, GST Road Guduvancherry 603 202. ….Applicant
-Vs-
Bangalore 560 054. …..Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s. S. Parthasarathy Defendants were set ex-parte on 21.09.2022
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: - FINAL ORDER - :
Brief Facts of the case:
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cents (88182.85 Sq.Ft.) comprised in various Survey Numbers situated at No.183, Karanaithangal Village, Sriperumpudur Taluk, Kancheepuram District.
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fallen due as per the repayment terms, or any other amounts as directed by the Applicant Bank, and such default continues for a period of three months, compound interest shall be charged on a quarterly basis on the outstanding liability. Further, in the event of such default by the Defendant, in making payment of any amounts which have fallen due as stipulated in the Loan Agreement, the Defendants shall be liable to pay an overdue interest at 2% per annum over and above the interest rate stipulated hereinabove on such defaulted amounts from the date of such default till regularizing or clearing the account in full as the case may be.
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Notice under Section 13(2) of the Act on 22.12.2021, followed by Possession Notice dated 15.03.2022 under Section 13 (4) of the Act. The Defendants failed to honour their commitment to close the loan account. Hence the present Original Application (OA) has been filed by the applicant bank for recovery of its dues from the defendants.
Heard the submissions of Applicant Bank and perused the
records.
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: O R D E R :
(a) The applicant bank is allowed to recover from the Defendants jointly and severally, a sum of Rs.20,80,992/- (Rupees
Twenty Lakhs Eighty Thousand Nine Hundred and Ninety Two Only) due in respect of Over Draft facility (Account No.2806662000001) repayable together with further interest @ 7.40% p.a. with monthly rests from the date of filing the OA, till date of realization in full along with costs.
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movable and immovable) to recover the balance dues as required under law for which the Defendants to disclose to the Tribunal particulars of other properties or assets owned by the Defendants.
(e) The applicant bank shall file the latest memo of calculation of OA amount together with interest, costs etc., to be paid by the Defendants duly considering the amounts, if any, paid by the Defendant and/or amount realized by sale of assets etc., during the intervening period after the filing of the OA, enabling the Registry to prepare Recovery Certificate for the amount to be paid by Defendant to the applicant bank.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to Steno (Deepika), transcribed by her, corrected, signed and pronounced by me on this the 17th day of September, 2025)
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ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Sh. S.J. Kavin Kumar, Branch Manager representing the Applicant
Bank.
Exhibits on the part of the Applicant:
| Sl. No. |
Description of Documents | Exhibit No. |
|---|---|---|
| 1. | Application Form of 1stand 2ndDefendants dated 16.06.2014. |
A-1 |
| 2. | Application Form of 3rd Defendant dated 16.06.2014. |
A-2 |
| 3. | Sanction Memorandum for Rs.14 Lakhs dated 21.08.2014. |
A-3 |
| 4. | Housing Loan Agreement executed by 1stand 2ndDefendants represented by 3rdDefendant dated 30.09.2014. |
A-4 |
| 5. | Guarantee Agreement executed by Defendants dated 30.09.2014. |
A-5 |
| 6. | Acknowledgement of Debt and Security dated 05.05.2017. |
A-6 |
| 7. | Acknowledgement of Debt and Security dated 26.05.2017. |
A-7 |
| 8. | Sale Deed in Document No. 4430 of 2014 dated 14.10.2014. |
A-8 |
| 9. | Sale Deed in Document No. 4432 of 2014 dated 14.10.2014. |
A-9 |
| 10. | Construction Agreement in Doc. No. 4429 of 2014 dated 13.10.2014. |
A-10 |
| 11. | Construction Agreement in Doc. No. 4431 of 2014 dated 13.10.2014. |
A-11 |
| 12. | Memorandum of Deposit of Title Deeds Document No.720 of 2015 dated 14.01.2015. |
A-12 |
| 13. | General Power of Attorney in Doc. No. 920/14- 15 dated 11.07.2014. |
A-13 |
| 14. | General Power of Attorney in Doc. No. 1294/14- 15 dated 25.08.2014. |
A-14 |
| 15. | Demand Notice under Section 13 (2) of the Act dated 22.12.2021. |
A-15 |
| 16. | Possession Notice under Section 13 (4) of the Act dated 15.03.2022. |
A-16 |
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Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
SCHEDULE OF PROPERTY
(As per Memorandum of Deposit of Title Deeds registered as Document No.720 of 2015 dated 14.01.2015)
SCHEDULE-A
All that part and parcel of land situated at No.183, Karanaithangal, Sriperumbudur Taluk, Kancheepuram District comprised in Survey Nos. 19/1A, 19/1B part, 22/1A part, 22/1B1, 22/1B2 part, 22/2A, 22/2B1, 22/2B2, 22/2C1, 22/2C2, 23/2B2, 30/1A part, 30/1B part, 23/2B1 part, 23/4 part, 23/5 part, 29/2A part and total extent of 202.44 Cents (88182.85 Sq. Ft.)
SCHEDULE-B
226.5 Sq.Ft. undivided share and 239 Sq.Ft. undivided share interest in all that piece and parcel of land more particularly described in ‘A’ schedule above written.
SCHEDULE-C
Residential Flats bearing Nos. S-31 with super built up area of 375 Sq.Ft. (Plinth area plus a proportionate common area) and Apartment bearing No. S-30 with a super built up area of 395 Sq.Ft. (Plinth area plus a proportionate common area) in the Second Floor in Block II of the project named ‘COMPACT HOMES – MEGHA’.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
2 issues framed by the court
Whether the Debt Recovery Tribunal has jurisdiction to entertain the application filed under Section 19(1) of the RDB Act.
Whether the claim for recovery of dues is maintainable and the defendants failed to appear.
4 provisions across 1 enactments
Canara Bank Guduvancherry Branch
Mr. Gajendran Magesh
Mrs. M. Varalakshmi
Mr. Vinodh Kumar Gajendran
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
