Debts Recovery Tribunal allowed the application for issuance of a Recovery Certificate against the homeowner who failed to repay a housing loan after the account was classified as NPA.
Issuance of Recovery Certificate for Rs.53,74,535/- with simple interest @8% p.a. and authority to proceed against mortgaged property and other assets of the respondent.
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.
IN THE DEBTS RECOVERY TRIBUNAL-II, BANGALORE
Dated this 31st Day of December, 2025
PRESENT: SHRI T. RAJESH Hon’ble Presiding Officer
O.A.No.227 of 2024
State Bank of India, Stressed Assets Recovery Branch, No.11/90, 3rd Floor, Opposite to Trust Well Hospital, JC Road, Bangalore – 560 002. Represented by its Chief Manager.
… Applicant.
Vs.
Sri Praveen Kumar Rao, S/o. Balwant Singh, R/at. No.3, Kumar Mansion, Dathuri Ramanna Lane, Bangalore North, Bangalore – 560 002. … Defendant. Counsel for Applicant : Smt.Malini Vinay. Defendant : Exparte. …… ORDER
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costs from the defendant and by way of sale of schedule mentioned property.
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the Applicant to make the defendant pay back the amount failed,
forcing the Applicant to file this Application.
ii)If so, to what extent?
Both these issues are gone into and decided together.
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ii) Applicant is permitted to recover an amount of Rs.53,74,535/(Rupees Fifty Three Lakhs Seventy Four Thousands Five Hundred and Thirty Five only) together with interest @8% p.a. (simple) from the date of filing of OA till the date of realization from the defendant after giving credit to all the amounts recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against the schedule mentioned property. The schedule to the OA to be the schedule to the Recovery Certificate.
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(Dictated to PS, transcribed by him corrected and pronounced by me in the open Court on this the 31st day of December, 2025)
Sd./- (T. RAJESH) PRESIDING OFFICER
Applicant Witness:
AW1 –Ms.Jayalakshmi.M., Chief Manager, Applicant Bank.
Exhibits on the part of the Applicant:
Ext.A1 - Arrangement Letter dt.10.11.2022. Ext.A2 - Memorandum of Loan Agreement dt.10.11.2022. Ext.A3 - Deed of Undertaking dt.10.11.2022. Ext.A4 - Affidavit dt. 10.11.2022. Ext.A5 - Memorandum relating to Deposit of Title Deeds dt.17.11.2022. Ext.A6 - Demand Notice dt.11.04.2023. Ext.A7 - Statement of Account along with Certificate.
Witness Examined for the Defendant:
NIL
List of Documents Exhibited for the Defendant :
NIL
Sd./-
(T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the OA claim against the Defendant?
To what extent is the claim proved and what relief is to be granted?
3 provisions across 2 enactments
State Bank of India
Sri Praveen Kumar Rao
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
