Allowed

State Bank of India v. Sri. Kanakagalla Narasimha

DRT16 Jun 2025OA/39/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed State Bank of India's Original Application for recovery of Rs. 31,42,627 plus interest against joint legal heirs and a deceased employee's office. The court upheld the bank's right to proceed against mortgaged property and properties of legal heirs in exercise of the estate.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 31,42,627 with interest; attachment order made absolute; recovery certificate issued; bank entitled to proceed against mortgaged property and defenda

State Bank of India versus Sri. Kanakagalla Narasimha — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 16TH DAY OF JUNE, 2025

¶2

PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

¶3

OA.No.39 of 2O25

¶4

Between :

¶5

State Bank of India, Stressed Assets Recovery Branch, 2nd floor, TSRTC commuter Rmenity Centre, Bus terminal complex, Koti, Hyderabad, Telangana State - 5OO 095 Represented by its Chief Manager

¶6

Applicant

¶7

VERSUS

¶8

Sri KanakagallaNarasimha,

¶9

M/s. K. Sayamma, legal heir of Late KankagallaSayamma, D/o KanakagallaBalaiah, R/oH. No.5-1 1 -73/ L/8, Near Nagula temple, Old palamoor, Mahabubnagar - 509 001.

¶10

Master K. Mahender, s/o K. Narsimha,

¶11

minor, represented by its father Sri K. Narsimha, R/oH.No.5-1 1 -73/ t/8, Near Nagula temple, Old palamoor, Mahabubnagar - 509 001.

¶12

Office of the Superintendent, Children house/ Balasadan girl jj. Hostel, Mahaboobnagar - 509 (For late KankagallaSayamrnd w/o Sailu, employee no.l72l 16 Jl!}l206 designation "Cook / kitchen endants

¶13

(oA.No.39l2025)

¶14

Counsel^{for the Parties:} Sri C.^Sreedhar For the^APPlicant Exparte For the^Defendants

¶15

ORDER

¶16

The^{Applicant Bank filed the present OA against Defendants for} recovery^{of a totar sum oftrs.3r,42,627l-(RupeesThirty one} Lakhs^{forty two thousand Six hundredand twentyseven} only)^{with further interest @ l0'B0o/o p'a with monthly rests from} date^{of filinq of OA till the date of realization and in default for sale} of mortgaged^{property as described in the schedule to OA'}

¶17

As^{per the averments in the application' the Applicant Bank states} that^{SmtKanakagallaSayammaavailed housing loan of Rs'30'00} lakhs^{for purchase and constructionof houseand purchasedthe OA} schedule^{propertyon 31'08'2023'Defendants t and 2 are the legal} heirs/^{legalrepresentativesof deceased SmtKankagallaSayamma} who^{worked as cook in the office of the Superintendent'Children} house/^{balasadangirls hostel/ defendant no'3'After availing the} loan facilities,^{the defendants failed to comply the terms of sanction'} #- *as^{constrained to classify the accountas} and legal^{noticedaled 27 '72'2024'Inspite}

NPA -*

1 t^Julllira ? .{

,l. ,1.$9

(OA.No.39/202s)

of several requests and demands, the defendants did not clear the

¶23

outsta nding. Hence th is oA.

¶24

Defendants called absent and set exparte on tg.O2.2O2S.

¶25

smtKalyaniRathod, Manager of the Applicant Bank examined herself as AW'1 and exhibited rerevant documents, which are marked as Ex.A.1 to A.12.

¶26

Heard the Ld. Counsel for the Applicant Bank.

¶27

The point that arise for consideration is whether the Applicant Bank is

¶28

entitled for the claim made in the OA against the Defendants as

¶29

prayed for?

¶30

7 ' Defendants ca'ed absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A1 to2A.13. In view of the above, I hold that the Applicant Bank has established their craim made in the oA against the Defendants and hence the Appricant Bank is entired to recover the craim made in the oA with future interest and costs.

¶31

?qftu',
B. In the
n" ,.Iffin, lowed with costs, as under:
*
16 JUllryfi

¶32

(oA.No.39/202s)

¶33

The Defendants No.1 and 2 are joinily and severaily liable to pay to the Applicant Bank a total sum of Rs.31,42,627/_ (Rupees Thirty One Lakhs forty two thousand Six hundred and twenty seven only) with further interest @ 10.80o/o p.a from date of filing of OA till the date of realization.

¶34

The Applicant bank is entitled to proceed against the mortgaged

¶35

property as described in schedule to OA towards rea lizatio n of the

¶36

debt due.

¶37

The order of attachment in IA.No.199/2025 dated 04.02.2025 in

¶38

respect of^petition schedule property is made absolute. Include the

¶39

said property in the Recovery Certificate.

¶40

11' The Appricant Bank is arso entiiled to proceed against the person and properties of defendants No.1 & 2 towards rearization of the debt due. However the applicant bank is entiUed to proceed only to the extent of estate devolved upon them from the deceased SmtKankagallaSayamma.

¶41

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

¶42

Th q$q '! memo within two weeks from the date

¶43

/.! $

¶44

of ,rpceipt cf'brder. 16 JuNzm :

¶45

(oA.No.39/202s)

¶46

Issue Recovery certificate accordingly.

¶47

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

¶48

:31'j*tJ?.tff"ti1., I3l'"1:,tii"lllili'o'""u.,^{s,sned andpronounced} bv me in the open

¶49

sd/(G. GOP|cHAND) PRESIDING OFFICER

¶50

^TRUE coPY
0/.3:0.--j
^t1ffi#7-

State Bank of India v. Sri. Kanakagalla Narasimha

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sri. Kanakagalla Narasimha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bank of India versus Bashakarla Mahesh

M S Balaji Poultry Farms versus Bank of Baroda

Santosh Reddy Mamindla versus Shriram Finance Limited

Hdfc Bank versus Dandugula Venkatesam

Canara Bank versus Anasurya Industries

State Bank of India versus Smt. Kondam Yellavva