Allowed

State Bank of India v. Sri.Bharat Singh Rajput

DRT1 May 2025OA/381/2024

Case brief

AI extract

What is this about?

In Debt Recovery Tribunal OA No.381 of 2024, the bank claimed recovery of home loan dues totaling approx. Rs 25.75 lakhs with interest. The defendants appeared ex-parte. The tribunal found the claim established based on evidence, allowing the application with consequential orders for recovery.

What did the court decide?

Defendants directed to pay Rs.25,75,740/- with future interest @10.60% p.a., and bank allowed to proceed against mortgaged property and persons of defendants.

State Bank of India versus Sri.Bharat Singh Rajput — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD

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DATED THIS THE 1st DAY OF May, 2025

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

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OA.No.381 of 2O24

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Between:

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State bank of India, 2nd floor, TSRTC commuter Amenity centre, Koti, Hyderabad, Telangana state. Represented by its Chief Manager

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Applicant

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VERSUS

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Sri Bharat Singh Rajput, s/o Sri Pancham Singh Rajput, aged about 56 years,

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Occ: Artisan - A, Emp No.118437, R/o Quarter no.8-203, DAF colony, Kamala nagar, Kapra, ECIL Post,

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Hyderabad - 500 062.

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Mrs. Sangeetha Rajput, W/o Bharat Singh Rajput, Aged about 46 years, occ: housewife, R/o Quarter no.B-203, DAF colony, Kamala nagar, Kapra, ECIL Post, Hyderabad - 500 062.

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DeFe n da nts

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Cou n sel for the P For the Applicant Dayakar Rao For the Defenda n^{ffi"%</sup> U? %,r*;,#}

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(OA.No.381 of 2024)

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ORDER

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The Applicant Bank filed the present OA against Defendants for recovery of a total sum of Rs.25,75,74Ol- (Rupees Twenty Five Lakhs Seventy Five Thousand Seven hundred and forty only) with future interest @ 10.600/o p.aincluding penal interest from date of filing of OA till the date of realization and in default for sale of mortgaged property as mentioned in the schedule to OA.

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As per the averments in the application, the Applicant Bank states that defendants are wife and husband who availed home loan of Rs.23,05,432l- and home insurance cover of Rs.1,89,000/- in total of Rs.24,94,432l- vide arrangement letter dated 14.07.2020. As a security, the defendants mortgaged the schedule mentioned^property and deposited the Regd sale deed no.3786/2020 dated 22.07.2020. After availing the loan facilities, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NPA and legal notice was issued on 25.07.2024. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants set exparte on 08.04.2025.
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(OA.No.381 of 2024)

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Sri R. Loganathan,Manager of the Applicant^{Bank examined himself} as AW.1 and exhibited relevant documents, which are^markedas Ex.A.1 to A.12.

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Heard the Ld. Counsel for the Applicant Bank.

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The^point that arise for consideration^{is whether the ApplicantBank is} entitled for the claim made in the OA against the^Defendantsas prayed for?

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Defendants No.1 &2 remained exparte. To substantiate^{the caseof} the Applicant Bank, AW.1, official of the^{ApplicantBank was} examined and he exhibited relevant documents^{as Ex.A1to A.12.In} view of the above, I hold that the Applicant^{Bank has established} their claim made in the OA against the^{Defendantsand hence the} Applicant Bank is entitled to recover the claim^made in the^{OA with} future interest and costs.

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B. In the result, the^present OA^is allowed^{with costs, as under:}

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The Defendants No.1 and 2 are^jointly and severally liable to^{pay to} the Applicant Bank a total sum of Rs.25,75,74Ol-^(Rupees Twenty Five Lakhs Seventy Five Thousand Seven hundred^and

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forty only) with @^{10.60% p.a from date of filing of} OA till the d ,t'm u

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J^o1ilAyzffzs E4:T 3a+&,tr"#

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(OA.No.381 of 20241

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The Applicant bank is entitled to proceed against the mortgaged property as mentioned in the schedule to OA towards realization of the debt due;

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The Applicant Bank is also entitled to proceed against the person and properties of defendants towards realization of the debt due.

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The Applicant Bank is entitled to the costs of the OA.

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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Issue Recovery certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Dictated to the P.A., transcribed by her, corrected, signed and pronounced by me in the open court on this the 1't day of May, 2025)

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sd/-

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(G. GOPTCHAND)

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fft"<br>iJ ol uAYzffi :
Wrr#Y

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PRESIDING OFFICER

State Bank of India v. Sri.Bharat Singh Rajput

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sri.Bharat Singh Rajput

Case brief

What is this about?

What did the court decide?

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