Allowed

South Indian Bank v. Ms J and J Granites and Marbles

DRT4 Mar 2025OA/215/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's application for recovery of outstanding loan dues. The tribunal awarded the principal amount plus specified rates of pendency and post-decree interest for various loan accounts and ordered the issuance of a Recovery Certificate.

What did the court decide?

Recovery of principal amounts with pending and post-decree interest and issuance of Recovery Certificate to the Recovery Officer.

South Indian Bank versus Ms J and J Granites and Marbles — Execution and Attachment | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM

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PRESENT: SRI.SOVAN KUMAR DASH PRESIDING OFFICER

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Dated this the 4^th day of March, 2025

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ORIGINAL APPLICATION No.215/2024

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Between

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The South Indian Bank Ltd., Kottayam Main Branch, 275/IX, PB No.124, Catholic Centre, Central Junction, Kottayam – 686 001. …Applicant

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And

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M/s.J and J Granites and Marbles, M.C. Road, Kumaranelloor, Kottayam, Kerala – 686 016.

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Johney Joseph, Partner, M/s. J and J Granites and Marbles, M.C.Road, Kumaranelloor, Kottayam, Kerala – 686 016. Residing at: Neerackal House, Bharananganam P.O., Kottayam – 686 578.

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Jophy Joseph, Partner, M/s.J and J Granites and Marbles, M.C.Road, Kumaranelloor, Kottayam, Kerala – 686 016. Residing at: Edattu House, Erattupetta P.O., Kottayam – 686 121.

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Jerin John, Neerackal House, Bharananganam P.O., Kottayam – 686 578.

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Marykutty John, Neerackal House, Bharananganam P.O., Kottayam – 686 578.

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Simi Joseph, Edattu House, Erattupetta P.O., Kottayam – 686 121. …Defendants

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OA 215/2024

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This Original Application having been heard on 13.02.2025 in the presence of Advocates M/s.K.N.Sivasankaran, Sunil Shankar, Devayani Nair, Sandra S. and Gayathri M.M. for the applicant bank and the defendants being exparte and stood over to this day for consideration, the Tribunal delivered the following:

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F I N A L O R D E R

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This Original Application has been filed under S.19(1) of the Recovery of Debts and Bankruptcy Act, 1993 for recovery of an aggregate sum of Rs.17,25,60,784.37 due under various loan accounts together with future interest and costs from the defendants and by sale of ‘A’ and ‘B’ schedule properties.

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Facts of the case:

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The applicant is a Banking Company registered under the Companies Act, having its registered office at SIB House, Mission Quarters, T.B. Road, Thrissur and one of its branches at Kottayam.

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The 1^st defendant is a partnership firm and defendants 2 and 3 are its partners. At the request of the defendants, applicant bank sanctioned the following credit facilities:-

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Loans availed by the 1^st defendant

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Date of sanction	Type of loan	Amount (Rs.)	Availed by	Guarantors	Collateral security
26.06.2014	CCOL	500 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
26.06.2014	Term loan (TL-1)	60 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
25.06.2015	Enhanced CCOL	600 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
11.03.2016	Enhanced CCOL	800 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
24.07.2017	Enhanced CCOL	960 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties

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OA 215/2024

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14.03.2018	Enhanced CCOL	10 crores	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
14.03.2018	Term loan (TL-2)	65 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
22.07.2020	ECLGS facility	212.67 lakhs	1^st defendant	Defendants 2 & 3	‘A’ & ‘B’ schedule properties
28.08.2020	Funded interest term loan (FITL) Loa	71.06 lakhs n availed by d	1^st defendant efendants 2	Defendants 2 & 3 and 5	‘A’ & ‘B’ schedule properties
26.06.2014	Flexi loan	25 lakhs	Defendants	…	…
	(TL-3) Lo	an availed by	2 and 5 the 3^rddefen	dant
26.06.2014	Flexi loan	14.91 lakhs	3^rd	6^th	…
	(TL-4)		defendant	defendant
	Loa	n availed by d	efendants 2,	4 & 5
12.04.2019	Education loan	27 lakhs	Defendants 2, 4 & 5	3^rd defendant	Item No.2 property in ‘A’ schedule

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After availing of facilities, the defendants defaulted in

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repayment, which resulted in the loans being classified as NPA. The applicant bank issued a demand notice under S.13(2) of the SARFAESI Act calling upon the defendants to repay the outstanding loan amounts. Despite receiving the notice, the defendants did not liquidate the liability. According to the applicant bank, the following

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amounts are due under the loan accounts:-

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Details of accounts	OA claim amount	Penal interest charged	Principal amount (i.e., excluding penal interest from the OA claim amount)	Current of inte	rate rest
CCOL	Rs.12,06,89,450.76	Rs.67,32,387.45	Rs.11,39,57,063.31	13.45% annum monthly	per with rests
Term loan (TL-1)	Rs.27,66,040.44	Rs.94,107/-	Rs.26,71,933.44	11.55% annum monthly	per with rests
Term loan (TL-2)	Rs.72,95,764.78	Rs.3,48,489/-	Rs.69,47,275.78	10.45% annum monthly	per with rests
ECLGS facility	Rs.2,94,12,343.93	Rs.14,43,940/-	Rs.2,79,68,403.93	9.25% annum monthly	per with rests

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OA 215/2024

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Funded interest term loan (FITL)	Rs.60,42,713.62	Rs.1,40,258/-	Rs.59,02,455.62	13.45% annum monthly	per with rests
Flexi loan (TL-3)	Rs.14,90,769.41	Rs.79,917/-	Rs.14,10,852.41	13.55% annum monthly	per with rests
Flexi loan (TL-4)	Rs.8,01,606.25	Rs.50,077/-	Rs.7,51,529.25	13.55% annum monthly	per with rests
Education loan	Rs.40,62,095.18	Rs.1,44,271/-	Rs.39,17,824.18	12.65% annum monthly	per with rests

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In such premises, the applicant bank was constrained to file the OA

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claiming the following reliefs:

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(i) To recover an aggregate sum of Rs.17,25,60,784.37 together with pendente lite and post-decree interest from the defendants and by sale of ‘A’ and ‘B’ schedule properties;

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(ii) To recover the costs, charges and expenses from the defendants;

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(iii) To issue Recovery Certificate to the Recovery Officer with a direction to recover the amount and pay it to the applicant bank.

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The defendants were duly served with summons. But

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they neither appeared nor were they represented and hence the defendants were set exparte on 13.02.2025.

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Proof Affidavit :

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In order to establish the claim on behalf of the applicant bank, one Mr.Rejeesh K., Branch Manager has filed proof affidavit and produced the loan documents marked as Exhibits A1 to A52. The proof affidavit filed by AW1 and the documents produced in this case are not challenged by the defendants. The availing of the credit facilities is well established from the documents placed by the applicant bank. An aggregate sum of Rs.17,25,60,784.37 is

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OA 215/2024

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outstanding in the loan accounts as on 13.02.2024, which is clearly established from the accounts statements marked as Exts.A45 to A51.

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Considering the amounts advanced, interest and penal interest applied, repayments effected and default committed, I am of the view that the applicant bank is entitled to get pendente lite and post-decree interest @12% per annum in CCOL account, FITL account, flexi loan (TL-3) account and flexi loan (TL-4) account; @10% per annum in term loan (TL-1) account, term loan (TL-2) account and education loan account and @9% per annum in ECLGS account, which are reasonable in the facts and circumstances of the case.

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The applicant bank, therefore, is entitled to get a final order on the following lines:

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In the result, the applicant bank is given a final order allowing it to recover:

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(i) the sum of Rs.12,06,89,450.76 (Rupees twelve crores six lakhs eighty nine thousand four hundred and fifty and Paise seventy six only) due under CCOL account together with pendente lite and post-decree interest @12% per annum on the sum of Rs.11,39,57,063.31 (Rupees eleven crores thirty nine lakhs fifty seven thousand sixty three and Paise thirty one only) from 21.02.2024 till realisation from defendants 1 to 3 jointly and severally and by sale of ‘A’ and ‘B’ schedule properties;

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OA 215/2024

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(ii) the sum of Rs.27,66,040.44 (Rupees twenty seven lakhs sixty six thousand forty and Paise forty four only) due under term loan (TL-1) account together with pendente lite and post-decree interest @10% per annum on the sum of Rs.26,71,933.44 (Rupees twenty six lakhs seventy one thousand nine hundred and thirty three and Paise forty four only) from 21.02.2024 till realisation from defendants 1 to 3 jointly and severally and by sale of ‘A’ and ‘B’ schedule properties;

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(iii) the sum of Rs.72,95,764.78 (Rupees seventy two lakhs ninety five thousand seven hundred and sixty four and Paise seventy eight only) due under term loan (TL-2) account together with pendente lite and post-decree interest @10% per annum on the sum of Rs.69,47,275.78 (Rupees sixty nine lakhs forty seven thousand two hundred and seventy five and Paise seventy eight only) from 21.02.2024 till realisation from defendants 1 to 3 jointly and severally and by sale of ‘A’ and ‘B’ schedule properties;

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(iv) the sum of Rs.2,94,12,343.93 (Rupees two crores ninety four lakhs twelve thousand three hundred and forty three and Paise ninety three only) due under ECLGS account together with pendente lite and post-decree interest @9% per annum on the sum of Rs.2,79,68,403.93 (Rupees two crores seventy nine lakhs sixty eight thousand four hundred and three and Paise ninety three only) from 21.02.2024 till realisation

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OA 215/2024

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from defendants 1 to 3 jointly and severally and by sale of ‘A’ and ‘B’ schedule properties;

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(v) the sum of Rs.60,42,713.62 (Rupees sixty lakhs forty two thousand seven hundred and thirteen and Paise sixty two only) due under FITL account together with pendente lite and post-decree interest @12% per annum on the sum of Rs.59,02,455.62 (Rupees fifty nine lakhs two thousand four hundred and fifty five and Paise sixty two only) from 21.02.2024 till realisation from defendants 1 to 3 jointly and severally and by sale of ‘A’ and ‘B’ schedule properties;

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(vi) the sum of Rs.14,90,769.41 (Rupees fourteen lakhs ninety thousand seven hundred sixty nine and Paise forty one only) due under flexi loan (TL-3) account together with pendente lite and post-decree interest @12% per annum on the sum of Rs.14,10,852.41 (Rupees fourteen lakhs ten thousand eight hundred and fifty two and Paise forty one only) from 21.02.2024 till realisation from defendants 2 and 5 jointly and severally;

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(vii) the sum of Rs.8,01,606.25 (Rupees eight lakhs one thousand six hundred and six and Paise twenty five only) due under flexi loan (TL-4) account together with pendente lite and post-decree interest @12% per annum on the sum of Rs.7,51,529.25 (Rupees seven lakhs fifty one thousand five hundred and twenty nine and Paise

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OA 215/2024

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twenty five only) from 21.02.2024 till realisation from defendants 3 and 6 jointly and severally;

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(viii) the sum of Rs.40,62,095.18 (Rupees forty lakhs sixty two thousand ninety five and Paise eighteen only) due under the education loan account together with pendente lite and post-decree interest @10% per annum on the sum of Rs.39,17,824.18 (Rupees thirty nine lakhs seventeen thousand eight hundred twenty four and Paise eighteen only) from 21.02.2024 till realisation from defendants 2 to 5 jointly and severally and by sale of ‘A’ schedule item No.2 property; and

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(ix) also costs and expenses borne by it for realization of the loans from the defendants, in proportion to the amounts ordered to be recovered from them.

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‘A’ and ‘B’ schedules to the OA shall be appended to this

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final order.

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The applicant bank shall file memo of costs within ten

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days from the date of this final order.

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Recovery Certificate shall be drawn up and issued to the

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Recovery Officer in terms of the final order.

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Communicate copy of this order to both parties as

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provided in R.16 r/w R.2(c) of the Debts Recovery Tribunal (Procedure) Rules, 1993.

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(Dictated to my PA, corrected and pronounced by me in the open Tribunal on this the 4^th day of March, 2025)

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[SOVAN KUMAR DASH] PRESIDING OFFICER

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OA 215/2024

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Witness	for Applicant:	A P P E N D I X
A	W1:	Sri.Rejeesh K., Branch Manager of the applicant bank.
Witness	for Defendant	(s): Nil Applicant’s Exhibits
Ext.No	Date	Particulars of documents
A1	26.06.2014	Sanction intimation letter issued by the applicant bank and countersigned by the defendants 1 to 3 in respect of cash credit limit and term loan facility (TL-1).
A2	27.06.2014	Demand Promissory Note (Joint) for Rs.5,00,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank.
A3	27.06.2014	Credit facility agreement for Rs.60,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-1 facility.
A4	27.06.2014	Agreement of hypothecation for an aggregate limit of Rs.5,60,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect of cash credit limit and term loan facility
A5	27.06.2014	Credit facility agreement for Rs.5,00,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A6	26.06.2015	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A7	26.06.2015	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-1.
A8	14.03.2016	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A9	14.03.2016	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-1.
A10	24.07.2017	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A11	24.07.2017	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-1.
A12	14.03.2018	Sanction intimation letter issued by the applicant bank and counter signed by the defendants 1 to3 in respect of cash credit limit and term loan facility (TL-2).

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OA 215/2024

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A13	13.03.2018	Power of Attorney executed by the 3^rddefendant in favour of the 2^nddefendant.
A14	14.03.2018	Demand Promissory Note (Joint) for Rs.10,00,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank.
A15	14.03.2018	Credit facility agreement for Rs.10,00,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A16	14.03.2018	Credit facility agreement for Rs.65,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-2 facility.
A17	14.03.2018	Agreement of hypothecation for Rs.10,00,00,000/- executed by the defendants 1 to 3 in favour of the applicant bank.
A18	13.03.2018	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A19	13.03.2018	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-1.
A20	22.07.2020	Sanction intimation letter issued by the applicant bank and counter signed by the defendants 1 to3 in respect of ECLGS facility.
A21	22.07.2020	Credit facility agreement for Rs.2,12,67,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect to ECLGS facility.
A22	22.07.2020	Supplemental agreement of hypothecation for Rs.2,12,67,000/- executed by the defendants 1 to 3 in favour of the applicant bank in respect to ECLGS facility.
A23	28.08.2020	Sanction intimation letter issued by the applicant bank and counter signed by the defendants 1 to 3 in respect of FITL facility.
A24	28.08.2020	Undertaking executed by the defendants 1 to 3 in favour of the applicant bank.
A25	28.08.2020	Application for continuance of securities under FITL facility executed by the defendants 1 to 3.
A26	28.08.2020	Application for continuance of securities under FITL facility executed by the defendants 1 to 3.
A26(a)	28.08.2020	Application for continuance of securities under FITL facility executed by the defendants 1 to 3.
A26(b)	28.08.2020	Application for continuance of securities under FITL facility executed by the defendants 1 to 3.
A27	22.07.2020	Acknowledgement of debt and security executed by the 2^nddefendant in favour of the applicant bank in respect to CCOL.
A27(a)	22.07.2020	Acknowledgement of debt and security executed by the 2^nddefendant in favour of the applicant bank in respect to TL-1.

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OA 215/2024

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A27(b)	22.07.2020	Acknowledgement of debt and security executed by the 2^nddefendant in favour of the applicant bank in respect to TL-2.
A28	06.01.2021	Sanction intimation letter issued by the applicant bank and counter signed by the defendants 1 to 3 in respect of CCOL.
A29	06.01.2021	Letter of renewal for continuance of CCOL facility executed by the defendants 1 to 3 in favour of the applicant bank.
A30	06.01.2021	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A31	21.03.2023	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to CCOL.
A32	21.03.2023	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-1.
A32(a)	21.03.2023	Acknowledgement of debt and security executed by the defendants 1 to 3 in favour of the applicant bank in respect to TL-2.
A32(b)	21.03.2023	Acknowledgement of debt and security executed by the 2^nddefendant in favour of the applicant bank in respect to ECLGS facility.
A32(c)	21.03.2023	Acknowledgement of debt and security executed by the 2^nddefendant in favour of the applicant bank in respect to FITL facility.
A33	26.06.2014	Sanction intimation letter issued by the applicant bank and counter signed by the defendants 2 and 5 in respect of Flexi Loan (TL-3).
A33(a)	27.06.2014	Credit facility agreement for Rs.25,00,000/- executed by the defendants 2 and 5 in favour of the applicant bank in respect to TL-3.
A33(b)	21.03.2023	Acknowledgement of debt and security executed by the defendants 2 and 5 in favour of the applicant bank in respect to TL-3.
A34	26.06.2014	Sanction intimation letter issued by the applicant bank and counter signed by the defendants 3 and 6 in respect of Flexi Loan (TL-4).
A34(a)	27.06.2014	Credit facility agreement for Rs.14,91,000/- executed by the 3^rddefendant in favour of the applicant bank in respect to TL-4.
A34(b)	27.06.2014	Agreement of guarantee executed by the 6^th defendant in favour of the applicant bank in respect to TL-4.
A34(c)	21.03.2023	Acknowledgement of debt and security executed by the defendants 3 and 6 in favour of the applicant bank in respect to TL-4.

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OA 215/2024

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A35 12.04.2019 Sanction intimation letter issued by the applicant bank and counter signed by the defendants 2 to 5 in respect of educational loan.

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A36 12.04.2019 Educational loan agreement for Rs.27,00,000/executed by the defendant nos.2, 4 and 5 in favour of the applicant bank.

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A36(a) 12.04.2019 Agreement of guarantee executed by the 3rd defendant in favour of the applicant bank in respect to educational loan.

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A37 31.01.2016 Sale Deed No.208/2016 of Kottayam Additional SRO.

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A38 15.03.2016 Letter confirming deposit of title deeds issued by the defendants 2 and 3 to the applicant bank.

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A38(a) 25.07.2017 Letter confirming the extension of equitable mortgage issued by the defendants 2 and 3 to the applicant bank.

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A38(b) 15.03.2018 Letter confirming the extension of equitable mortgage issued by the defendants 2 and 3 to the applicant bank.

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A38(c) 23.07.2020 Letter confirming the extension of equitable mortgage issued by the defendants 2 and 3 to the applicant bank.

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A39 31.01.2005 Sale Deed No.315/2005 of Kottayam Additional SRO.

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A40 31.01.2005 Sale Deed No.316/2005 of Kottayam Additional SRO.

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A41 02.07.2014 Letter confirming deposit of title deeds issued by the 2^nd defendant to the applicant bank.

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A41(a) 27.06.2015 Letter confirming the extension of equitable mortgage issued by the 2^nd defendant to the applicant bank.

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A41(b) 15.03.2016 Letter confirming the extension of equitable mortgage issued by the 2^nd defendant to the applicant bank.

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A41(c) 15.03.2018 Letter confirming the extension of equitable mortgage issued by the 2^nd defendant to the applicant bank.

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A41(d) 13.04.2019 Letter confirming the extension of equitable mortgage issued by the 2^nd defendant to the applicant bank.

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A42 25.06.2021 Copy of the Sec.13(2) notice under SARFAESI Act issued to the defendants 1 to 3 together with acknowledgement card in respect of credit facilities availed by the 1^st defendant.

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A43 30.12.2021 Copy of the Sec.13(2) notice under SARFAESI Act issued to the defendants 2, 3, 5 and 6 together with acknowledgement card in respect of flexi loan availed by the 2^nd and 3^rd defendants.

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OA 215/2024

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A44	24.08.2022	Copy of the Sec.13 (2) notice under SARFAESI Act issued to the defendants 2 to 5 together with acknowledgement card in respect of educational loan.
A45	15.02.2024	Certified statement of account in respect of Cash Credit Limit (CCOL) with A/c no. 0037083000002645.
A46	14.02.2024	Certified statement of account in respect of FSL
		Term Loan (TL-1) with A/c no. 0037652000001453.
A47	14.02.2024	Certified statement of account in respect of FSL Term Loan (TL-2) with A/c no. 0037652000001826.
A48	14.02.2024	Certified statement of account in respect of ECLGS facility with A/c no. 0037656000000179.
A49	14.02.2024	Certified statement of account in respect of FITL facility with A/c no. 0037656000000195.
A50	14.02.2024	Certified statement of account in respect of Flexi Loan (TL-3) with A/c no. 0037655000000412.
A50(a)	14.02.2024	Certified statement of account in respect of Flexi Loan (TL-4) with A/c no. 0037655000000413.
A51	14.02.2024	Certified statement of account in respect of Educational loan A/c no. 0037655000000577.
A52	..	Statement showing the period and rate of interest charged in Exhibits A45 to A51 accounts.

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Defendants’ Exhibits – Nil

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PRESIDING OFFICER

OA 215/2024

OA 215/2024

PRESIDING OFFICER

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IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM

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PRESENT: SRI.SOVAN KUMAR DASH PRESIDING OFFICER

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Dated the 4^th March, 2025

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OA NO.215/2024

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Between

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The South Indian Bank Ltd., Kottayam Main Branch, 275/IX, PB No.124, Catholic Centre, Central Junction, Kottayam – 686 001. …Applicant

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And M/s.J and J Granites and Marbles, M.C. Road, Kumaranelloor, Kottayam, Kerala – 686 016 & 5 others. ...Defendants

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F I N A L O R D E R

South Indian Bank v. Ms J and J Granites and Marbles

Case brief

What is this about?

What did the court decide?

South Indian Bank v. Ms J and J Granites and Marbles

Case brief

What is this about?

What did the court decide?

What the court decided

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