Allowed

State Bank of India v. Savitri Kanwar

DRT19 Nov 2025OA/223/2024

Case brief

AI extract

What is this about?

Allowed an Original Application filed by State Bank of India for issuance of a Recovery Certificate against a defendant who failed to appear. The tribunal reduced the interest rate to 8% simple and authorized recovery from personal assets and scheduled properties.

What did the court decide?

Recovery Certificate issued for ₹48,44,808 with 8% simple interest; executable against personal assets and schedule properties.

State Bank of India versus Savitri Kanwar — Execution and Attachment | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 19^th Day of November, 2025

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.223/2024

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BETWEEN:

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State Bank of India Stressed assets recovery Branch No.11/90, 3^rd Floor, Opposite to Trust Well Hospital JC Road, Bengaluru – 560 002

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Represented by: It’s Chief Manager, Sri. Krishan Kant Rastogi …APPLICANT

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AND:

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Smt. Savitri Kanwar W/o. Praveen Kumar Rao R/at: No.3, Kumar Mansion, Dhaturi Ramanna Lane, SP Road Cross, Gollapet, Bangalore – 560 002 ...DEFENDANT

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Counsel on record/appeared for:

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Applicant : Malini Vinay Defendant : Ex parte

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate against the defendant for Rs.

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OA-223/2024

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48,44,808/- (Rupees Forty Eight Lakhs Forty Four Thousand Eight Hundred and Eight Only) with further interest thereon from the date of filing the Application till realization.

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It is the case of the applicant that, the defendant is availed a housing loan of Rs. 43,20,000/- (Rupees Forty Three Lakhs Twenty Thousand Only) on 29.10.2022.

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It is also the case of the applicant that, in view of the above availed loan, the defendant executed the necessary loan documents along with deposit of title deeds.

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It is further contended that, despite availing the credit facility, agreeing to service the loan account promptly and regularly, the defendant failed in compliance of the same, resulting in default in repayment and consequentially turning the loan accounts as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

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Despite, service of summons on the defendant, she failed to appear, resulting the defendant being set ex parte on 07.04.2025.

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The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A-1 to A-13 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence

OA-223/2024

and proof affidavit.

The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the OA claim as against the defendant?

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application remains unrebutted as defendant remained ex parte. The evidence tendered by the applicant remains uncontroverted and undisputed.

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The evidences put forth by the applicant were found admissible

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and are sufficient to prove availment of credit facility as stated in the OA, creation of the security interest and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.

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Hence in view of the finding arrived herein above, the Tribunal find both these issues in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facility are

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availed for Housing purpose and also that the OA claim is arrived at

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by calculating interest at the agreed rate, this Tribunal in view of the

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OA-223/2024

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OA can be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.223/2024, stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of Rs. 48,44,808/- (Rupees Forty Eight Lakhs Forty Four Thousand Eight

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Hundred and Eight Only) with further interest @8.00% p.a.(simple) from the date of filing OA till the realization, from the defendant personally, after giving credit to all the amount recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against the schedule properties. Properties schedule to the OA be the schedule to the recovery certificate.

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ii) If the sale proceeds are not found sufficient to cover the

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amount due and payable to the applicant bank, the defendant personally and her assets are liable for all such amounts due under the loan accounts.

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iii) The applicant bank is allowed cost of the proceedings

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which applicant to file cost memo within 7 days from the date of receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this order and transferred to Recovery for execution.

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v) Interim application pending, if any, are disposed of with this Final Order.

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OA-223/2024

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15. Communicate a copy of the order to the parties concerned in

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terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT

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(Procedure) Rules, 1993.

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[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 19^th Day of November, 2025].

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Sd/- (T. RAJESH)

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PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Vivek Raina, S/o. Ashok Kumar Raina, Chief Manager, of

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Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Date	Particulars of Documents
A1	07.09.2022	Application form
A2	29.10.2022	Sanction letter
A3	29.10.2022	Memorandum of loan agreement for loan
A4	29.10.2022	Affidavit
A5	29.10.2022	Deed of undertaking
A6	08.11.2022	Registered memorandum relating to deposit of title deeds
A7	02.03.2023	Demand notice
A8	27.09.2023	Statement of account along with certificate

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Witness Examined for the Defendants:

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-Nil -

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List of Documents Exhibited for the Defendants:

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-Nil -

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

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6 OA-223/2024

State Bank of India v. Savitri Kanwar

Case brief

What is this about?

What did the court decide?

State Bank of India v. Savitri Kanwar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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