Allowed

State Bank of India v. Padma Priya

DRT14 Oct 2025OA/267/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by a bank for recovery of Home Loan dues owed by an individual borrower. The defendant, who was absent, was ex-parte, and the court confirmed the bank's claim amounting to over thirty-two lakhs with interest.

What did the court decide?

Recovery of Rs.32,80,181 plus interest at 10.95% p.a. from filing date, along with costs; liberty to sell mortgaged property and personal assets.

State Bank of India versus Padma Priya — Banking and Recovery | DRT (2025)

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O.A. No. 267 of 2022

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14.10.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 14^th day of October, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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ORIGINAL APPLICATION No. 267 of 2022

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State Bank of India, R.A.C.P.C, Tambaram Branch, Rep. by its Chief Manager, No.388, Satheesh Paradise, Velachery Main Road, Selaiyur, Chennai – 600 073 ….Applicant

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-Vs-

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Mrs. S. Padma Priya, W/o. Mr. Santhosh Kumar, No.11, Bharathi Street, Sri Devi Nagar, Kamaraj Nagar, Avadi, Chennai – 600 071 …..Defendant

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Counsels on record / appeared:

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Counsel for Applicant : M/s. N.S. Revathi

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Defendant was set ex-parte on 21.11.2022

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: - FINAL ORDER - :

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This Original Application is filed on 28.07.2022 by the Applicant Bank under Section 19 (1) of Recovery of Debts and Bankruptcy Act, 1993 (formerly Recovery of Debts Due to Banks and Financial Institutions Act, 1993) against the Defendant for recovery of a total sum of Rs.32,80,181/(Rupees Thirty Two Lakhs Eighty Thousand One Hundred and Eighty One Only) due in respect of Home Loan facility (Account

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O.A. No. 267 of 2022

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14.10.2025

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No.38041539996) repayable together with further interest @ 10.95% p.a. with monthly rests from the date of filing the OA, till date of realization in full, for sale of immovable property morefully detailed in Schedule to the OA, and for costs of this application.

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Brief Facts of the case:

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The Applicant submits that the application is filed within the period of limitation as prescribed under Section 24 of the Recovery of Debts and Bankruptcy Act, 1993, and the subject recovery claim falls within the jurisdiction of this Tribunal.

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It is the case of the applicant bank that the defendant herein had approached the applicant bank seeking for a Housing Loan and submitted Loan Application dated 25.09.2018.

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It is submitted by the applicant bank that pursuant to the request of the defendant to sanction the ‘Home Loan’ facility, the applicant bank had sanctioned the said credit facility Rs.41,50,000/- on 30.10.2018 subject to the terms and conditions as envisaged under the ‘Arrangement Letter and Memorandum of Loan Agreement for Home Loan’ dated 31.10.2018, executed by the defendant herein. The loan is to be repaid in equated monthly installment of Rs.32,577/-. The Defendant herein has executed all the documents on 31.10.2018 in favour of applicant bank. The defendant have guaranteed for the due repayment of the aforesaid loan amount

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availed by the defendant by executing necessary security documents.

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It is further submitted by the applicant bank that the defendant herein

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has executed the following loan documents thereby not only acknowledging

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the said loan amount availed from the applicant bank but also had undertaken to repay the loan amount in time without committing any default:

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(i) Sanction Letter dated 30.10.2018.

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(ii) Arrangement Letter dated 31.10.2018.

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(iii) Memorandum of Loan Agreement for Home Loan granted to public dated 31.10.2018, with terms and conditions duly accepted by the defendant herein.

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(iv) Affidavit dated 31.10.2018.

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(v) Agreement of Mortgage dated 31.10.2018.

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(vi) Memorandum of Deposit (Borrower’s Property at RACPC/RCPC/RASMECCC/Home Branch) dated 31.10.2018

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(vii) Operations Letter dated 31.10.2018.

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(viii) Deed of Undertaking dated 31.10.2018.

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(ix) EM Confirmation Letter dated 31.10.2018.

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(x) Memorandum of Deposit of Title Deeds executed on 07.01.2019, registered as Document No.199/2019, on the file of SRO Ambattur, by the defendant herein.

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The applicant bank submits that the defendants have undertaken to

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repay the loan amount together with interest as per the terms and conditions of the Arrangement Letter dated 31.10.2018.

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The applicant bank further submits that subsequent to availing of loan, the defendants were not regular in repayment of dues. The applicant bank had been repeatedly making representations to the defendant to regularize the loan account but the defendant did not take any concrete steps to regularize the loan account or to repay the loan amount. The applicant bank further submits that as the defendant have failed to service the interest and principal due under the loan account, consequently it had become NonPerforming Asset (NPA) on 25.06.2019 in the books of the applicant bank in terms of internal policy of the bank and as per the guidelines of the RBI, including matter connected with institution and conduct of legal proceedings for the said purpose. As defendants did not come forward to repay the dues, the present Original Application (OA) has been filed by the applicant bank for recovery of its dues from the defendants.

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After the filing of the OA, summons was sent to sole defendant through Registered Post with Acknowledgment Due, which returned with endorsement unclaimed. Applicant bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 21.11.2022 even after giving sufficient time, there was no appearance or representation from the defendant. Hence, defendant were placed ex-parte on 21.11.2022.

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O.A. No. 267 of 2022

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14.10.2025

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Heard the submissions of Applicant Bank and perused the

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records.

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To prove the case of the Applicant Bank, Sh. P.M. RaviChandran, Chief Manager representing the Applicant Bank, has filed his Affidavit by way of evidence and same was considered as evidence of AW-1 and list of documents came to be marked as Ex A-1 to A-14 . As the Defendant remained ex-parte, the OA claim remains unchallenged. There is no contra evidence available on record to repudiate the claim of the Applicant Bank.

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With regard to the amount advanced, the interest applied, the conduct and operations in the account and the default committed, this Tribunal comes to the conclusion that the applicant bank is entitled for a final order on the following terms:

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: O R D E R :

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The OA is allowed with costs,

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(a) The applicant bank is allowed to recover from the Defendant a sum of Rs.32,80,181/- (Rupees Thirty Two Lakhs Eighty Thousand One Hundred and Eighty One Only) due in respect of Home Loan facility (Account No.38041539996) repayable together with further interest @ 10.95% 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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(b) In the event of failure of the Defendant to pay the aforesaid

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amount, the bank is at liberty to recover the amount by sale of the schedule mentioned immovable property.

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(d) If the sale proceeds of the immovable property is not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the Defendant (both movable and immovable) to recover the balance dues as required under law for which the Defendant to disclose to the Tribunal particulars of other properties or assets owned by the Defendant.

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(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.

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(f) The applicant bank shall file memo of costs within ten days from the date of receipt of this final order.

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(g) Recovery Certificate shall be drawn up and issued to the Recovery Officer in terms of the final order.

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A copy of this order be communicated to the parties concerned.

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Sd/-

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(S.V. GOWRAMMA)

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PRESIDING OFFICER, DRT-III, CHENNAI

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(Dictated to Steno (Deepika), transcribed by her, corrected, signed and pronounced by me on this the 14^th day of October, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Sh. P.M. RaviChandran, Chief Manager representing the Applicant Bank.

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Exhibits on the part of the Applicant:

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Sl. No.	Description of Documents	Exhibit No.
1.	Loan Application dated 25.09.2018.	A-1
2.	Sanction Letter dated 30.10.2018.	A-2
3.	Arrangement Letter dated 31.10.2018.	A-3
4.	Memorandum of Loan Agreement for Home Loan granted to public executed by the defendant dated 31.10.2018.	A-4
5.	Affidavit dated 31.10.2018.	A-5
6.	Agreement to Mortgage dated 31.10.2018.	A-6
7.	Memorandum of Deposit (Borrower’s property at RACPC/RCPC/RASMECCC/Home Branch) dated 31.10.2018.	A-7
8.	Operations letter dated 31.10.2018.	A-8
9.	Deed of Under Taking dated 31.10.2018.	A-9
10.	EM Confirmation Letter dated 06.01.2019.	A-10
11.	Memorandum Relating to Deposit of Title Deeds dated 07.01.2019.	A-11
12.	Construction Agreement (15100/2018) dated 14.08.2018.	A-12
13.	Sale Deed (15101/2018) dated 02.11.2018.	A-13
14.	Statement of Accounts for the period from 25.06.2019 to 15.07.2022 & Memorandum of	A-14

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calculation of interest dated 15.07.2022.

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Witness Examined for the Defendants: -Nil-

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List of Documents Exhibited for the Defendants: -Nil –

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:- SCHEDULE -:

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All that piece and parcel of vacant house bearing Plot.No.180, measuring an extent of undivided Share 660 sq.ft. out of 1920 sq.ft. Land with Builtup area 1466 sq.ft., Flat No.B-180, situated in No.12, Kovilpathagai Village, “Sir Balaji Co-operative Nagar” of CMDA’s Approval Layout No.28/2004 on 24.03.2004, comprised in Survey No.42/2, Avadi Taluk, Thiruvallur District.

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Bounded on the

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North by : Plot No.183, South by : Plot No.40 feet wide road, East by : Plot No.179, West by : Plot No.181.

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Measuring on the

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North by : 30 feet South by : 30 feet, East by : 64 feet, West by : 64 feet.

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In all measuring 1920 sq.ft, situated within the SRO Ambattur and Registration District of Chennai North.

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Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

State Bank of India v. Padma Priya

Case brief

What is this about?

What did the court decide?

State Bank of India v. Padma Priya

Case brief

What is this about?

What did the court decide?

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