Allowed

State Bank of India v. Sri. Amand Rajashwar

DRT5 Dec 2025OA/414/2025

Case brief

AI extract

What is this about?

The DT allowed an Original Application filed by State Bank of India for recovery of approximately Rs. 28 lakh along with future interest and costs against the Defendant, holding that the bank had established its claim through documentary evidence.

What did the court decide?

Defendant to pay Rs. 27,98,280/- with future interest @10.70% p.a.; Applicant entitled to proceed against mortgaged and other properties; Recovery Certificate to be issued.

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

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IN THE DEBTS RECOVERY TRIBUNAL - ! AT HYDERABAD DATED THIS THE sth DAY OF DECEMBER, 2025

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PRESENT: SRI cUMMADI cOPICHAND, PRESIDING OFFTCER

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OA. No. 414 OF 2025

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Between:

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State Bank of lndia Stressed Asset Recovery Branch - ll, D.No. 1-8-563/1, RTC 'X' Roads, Opp : Sandhya Threatre, lstFloor, Chikkadapally, Hyderabad : 500020, Telangana Represented by its Chief Manager

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Applicant

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VERSUS

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Sri. Amand Rajashwar, S/o. Amand Pothanna, Flat no. B-1, Varalaxmi Residency, Gangasthan Phase -ll, Goopanpally Village, Nizamabad District.

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Also At - 11-1-1892, Maruthi Nagar, Armoor, Armoor, Nizamabad, Telangana - 503 002 2'- -:).1f .d$*,t'^-*B it;^{r s oEc 285} : 'tiii ,' .j -o^S \Y)-4. 'W;m#

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Defendant

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(OA. No. 4141202s)

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Counsel for the parties :

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ForTheApplicant	K. Sundeep
Forthe Defendant	Exparte
Reservedon	04.12.2025
Pronouncedon	05.12.2025
Uploadinwebsiteon	06.12.2025

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ORDER

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The Applicant Bank filed the present OA against Defendant for recovery of a total sum of Rs.27,98,280/-. (Rupees Twenty Seven Lakhs Ninety Eight Thousand Two Hundred and Eighty Only) i.e a sum of Rs.27,73,481/- under Home loan Facility and Rs.24,799/- under SBI Suraksha loan Facility together with future interest @ 10.70o/o p.a with monthly rests from the date of this application 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 Defendant availed Home Loan of Rs.24,52,5001 with p.a with monthly rests along with @2% penal in 318 equated monthly installments of * Loan Agreement for Home Loan 0soEcu6 .,:.:*lhornvor NorrpY

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(OA. No. 4141202s)

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Granted to Public dated 15.06.2023^{in favour of the applicant} bank. The Defendant availed SBI Suraksha^{Loan Facilityof} Rs.2,10,797l- and executed Agreement for^{AdditionalLoan} Granted to Existing Home Loan Borrowers For^lnsurance Premium Amount dated 15.06.2023. The^{Defendantcreated} equitable mortgage morefully mentioned in^{schedule to OA and} executed Agreement of Mortgage dated 15.06.2023^and Memorandum of Deposit dated 28.06.2023 and^deposited Original Title Deeds in favor of the Applicant Bank.^{After availing} the loan facility, the defendant failed to comply the terms^of sanction, hence the applicant bank classified the account^{as NPA} on 14.07.2024 and issued Demand Notice dated^15.07.2024 under Section 13(2) of the SARFAESI Act, 2002 and^{Legal Notice} dated 28.08.2025. lnspite of several requests and demands, the defendant did not clear the outstanding. Hence this OA.

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Defendant called absent and set exparte on 04.12.2025.

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Sri. Saroj Mishra, Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.15.

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Heard the Ld. Counsel for the Applicant Bank.

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arise for consideration is whether the Applicant for the claim made in the OA against the AS lor?

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(OA. No. 4141202s)

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Defendant remained 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.A.1 to A.15. ln view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendant and hence the Applicant Bank is entitled to recover the claim made in the OA with future interest and costs.

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ln the result, the present OA is allowed with costs, as under :

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The Defendant is liable to pay to the Applicant Bank a total sum of Rs.27,98,280/-. (Rupees Twenty Seven Lakhs Ninety Eight Thousand Two Hundred and Eighty Only) i.e a sum of Rs.27,73,481/- under Home loan Facility and Rs.24,799/- under SBI Suraksha loan Facility together with future interest @ 10.70% p.a from the date of this application till the date of realization.

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The Applicant Bank is entitled to proceed against the Mortgage Property mentioned in the Schedule of Property to the 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 defendant towards realization of the debt due.

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k is entitled to the costs of the OA.

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0s0Ec&5 :

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(OA. No. 41412025)

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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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lssue Recovery Certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Oictated to the P.A., transcribed by her, mnected, signed and pronounced by me in the open court on this the 5h day of Dec, 2025)

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sd/-
(G. GOPTCHAND)
PRESIDING OFFICER

State Bank of India v. Sri. Amand Rajashwar

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sri. Amand Rajashwar

Case brief

What is this about?

What did the court decide?

What the court decided

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