Allowed

State Bank of India v. Smt. Chittimelli Bharathi

DRT18 Aug 2025OA/46/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by State Bank of India for recovery of dues. The court held that the bank had established its claim, is entitled to the principal, interest, costs, and to proceed against the mortgaged property and other assets of the jointly liable borrowers.

What did the court decide?

Defendants jointly and severally liable to pay Rs.21,26,415/- with interest at 13.05% p.a. from filing date; recovery certificate issued.

State Bank of India versus Smt. Chittimelli Bharathi — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS^{RECOVERYTRIBUNAL'IAT HYDERABAD}

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DATED THIS^{THE18TH DAY OF AUGUST,2025}

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PRESENT: SRI^{GUMMADI GOPICHAND,PRESIDING OFFICER}

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OA.No.46 OF 2025

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Between:

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State Bank of^India, Stressed Assets^{RecoverY Branch,} (SARB) znd floor, TSRTC^Commuter Amenity Centre,^{Bus Terminal} Complex, Koti,^HYderabad' Represented bY^{its Chief Manager}

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Applicant

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VERSUS

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SmtchittimelliBharathi, w/o Sri Chittimelli^Sridhar, aged about⁴⁸ Years,^female, occ: business,^{H.No.4-5-lld/3,} vasavi colonY,^{Ganeshstreet,} Janagaon, Janagaondist -^{506 167'}

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H.No.2-1-55,^{Old Beet Bazar,} Janagaon, lanagaondist-^{506 L67} '

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Sri Chittimelli^Sridhar, s/o Sri ChittimelliAnjaiah, aged about⁵⁵ Years,^male, occ: business,^{H.No.4-5- 1/d/3,} vasavi colonY,^{Ganesh street,} Janagaon,^lanagaondist -^{506 167'}

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,^{Old BeetBazar,} nagaondist- 506^167.

Defendants

Xlncrrr

(oA.No. a6l 202s)

Counsel for the Parties:

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For the Applicant

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For the Defendants

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Sri G. PrabhakarSarma

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Sri T. Nagender

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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.2L26,4L5l-^{(RupeesTwenty One} Lakhs Twenty Six Thousand^{Four Hundredand Fifteen only)} (Rs.19,94,5O5/- under home loan and^{Rs.1,31,9lOl-under} home loan insurance ) with^interest @^{13.05o/o p.a with monthly} rests from date of filing of OA till^{the date of realizationandin} default for sale of^{mortgagedproperty as mentionedin the schedule} to OA.

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As per the averments^{in the application, the ApplicantBankstates} that Defendant no.l and^{2 herein are wife and husbandavailed home} loan of Rs.20.00 lakhs and^{home loan insurancecoverage loan of} Rs.91,575l- vide letter of^{arrangementdated 08.05.2015'The} defendants created^{mortgageof schedule mentioned property and} deposited the regd sale deed^{bearingdocumentno.567l/20t5dated} -ffi availing the loan facility, the^{defendantsfailed to}

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coffilv of sanction, hence the applicant^{bank classified}

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I flhfiJgcrpnt^dt PA and issued demand notice^{dated 22.12.2023.}

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(oA.No. 46/2o2sl

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Inspiteof several requests and^demands, the defendants did not^clear the outstanding. Hence this^OA.

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Counsel for defendants^{filed vakalath but failed to file written} statement.

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Sri P. Prabhakar,^{Managerof the Applicant Bank examined himself} as AW.1 and exhibited^{relevantdocuments,which are markedas} Ex.A.1 to A.B,

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Heard the Ld. Counsel^{for the ApplicantBank.}

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

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Defendants counsel filed^{vakalath but failed to file WS.To} substantiate the case of^{the Applicant Bank, AW.1,official of the} Applicant Bank was examined^{and he exhibited relevantdocuments} as Ex.Al to A.B. In^{view of the above, I hold that the Applicant} Bank has established their^{claimmade in the OA against the} Defendants and hence the^{Applicant Bankis entitled to recoverthe} claim made in the OA^{with futureinterestand costs.}

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present OA is allowed with costs, as^under: "the [;^toil,sltr :l t'r$- .. ^^S'l' \itu,-^,---dP, .'-.{#S

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(oA.No. 46/202s)

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The Defendants are^jointly and severally liable to^pay to^{the Applicant} Bank a total sum of Rs.21,26,415/'(Rupees Twenty One^Lakhs Twenty Six Thousand Four Hundred and Fifteen^only) (Rs.19,94 505/' under home loan and Rs.1r3L,9LO/' under home loan insurance) with interest @^{13.05o/o p.a from date of} filing of OA till the date of realization

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g. 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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13, 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 of Aug, 2025)

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State Bank of India v. Smt. Chittimelli Bharathi

Case brief

What is this about?

What did the court decide?

State Bank of India v. Smt. Chittimelli Bharathi

Case brief

What is this about?

What did the court decide?

What the court decided

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