Allowed

Union Bank of India v. Mrs. Chilamkuri Sanjamma

DRT18 Dec 2025OA/48/2025

Case brief

AI extract

What is this about?

Debt Recovery Tribunal allowed an original application filed by Union Bank of India for recovery of dues along with interest against three defendants who admitted default but offered no material evidence despite plea for time.

What did the court decide?

Defendants 1 to 3 directed to pay Rs.30,36,235/- along with interest @10.45% p.a. Bank entitled to enforce hypothecated/mortgaged properties and recover costs.

Union Bank of India versus Mrs. Chilamkuri Sanjamma — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.I] AT HYDERABAD DATED THIS THE 18TH DAY OF DECEMBER, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.CoM, L.LB.^{(HONS.), M.A.} PRESIDING OFFICER

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ORIGINAL APPLICATION NO. 48 OF 2025

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Union Bank of India (e-Corporation Bank) #256/lC Kadiri Road Bathalapalli-515 661. Ananthapur Dist. A.P.

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Versus

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Mrs. Chilamkuri Sanjamma Wo^{Chilamkuri Venkata Naidu} Age: 56 years, #4-12 O C Colony Yarrayapalli, Edula Mustur Bathalapalli Village Ananthapur Dist.515 661, A.P.

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Mr. C. Prasad. S/o Venkata Ramudu Age: 45 years, #4-133 O C Colony Yarrayapalli, Edula Mustur Bathalapalli Village Ananthapur Dist.515 661, A.P.

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Mr. C. Sankar Naidu S/o C. Venkata Ramudu Age: 51 years, #MIG 32 Housing Board Colony Near Law College ..... Defendants. Ananthapur Dist.s15 661, A.P.

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Counsel for the Applicant : Mr. Srinivasa^RaoChakrala. Counsel for the Defendants : Ms. S. Anuradha.

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::^qLD-EB ::

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The Applicant Bank filed the^present OA u/s¹⁹ of^{The Recovery} of Debts & Bankruptcy Act, 1993 for recovery of a total^{sum of}

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ry.!'1-'g

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oA..lu12025

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Rs.30,36,235/- (Rs.29,47,L32.73,/- towards account No. 560931000298733 and Rs.1,89,101.46ps towards account No. 560381001704943) joinfly and severa y from the defendants 1 to 3 with pendenuite and future interest @1O.4oolo per annum till realisation along with costs and sale of OA schedule assets.

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The averments of the OA, in brief, are;

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Defendants availed Agri Credits of Rs.1,OO,OOO/- and Rs.13,00,000/- in June 2014 and June 2016. Defendants hypothecated present and future standing crops and OA schedule immovable property by executing MODT as a security for due repayment of the loan. Defendants executed indjvidual 9uarantee deeds. The 2nd loan was to be repayable in 1O yearly instalments with an interest @11.90olo per annum. Applicant bank issued demand notice and legal notice on 03.O4.2024 and 72.04.2024. The outstanding dues against both the accounts work out to Rs.30,36,234.19ps. In spite of several requests and demands, defendants failed to clear the dues. Hence, the present OA.

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J. Defendants filed written statement. The averments of the written statement in brief, are;

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The Grape Garden grown out of the loan amounts were damaged by Wilt, drought and heavy rains resulting deFault in repayment. The default is neither wanton nor wilful. The Bank may take a liberal view, waive interest and grant 5 to 6 years time to pay the dues as they are sincere to clear the dues and come out of the liability.

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In order to prove its claim, Applicant Bank examined y. Harikrishna, Senior Manager, as AW-1 and marked 30 documents through him as Ex. A.1 ,o r*. o.r}.rflwflv.a t7^/t*'-'

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0A.48/202s

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In support of their defence, defendants examined Chilamkuri Sankar Naidu, defendant No.3 as DW1, and marked^no documents.

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Heard learned counsel appearing for the applicant^bank. Learned counsel for the defendants reported^no oral arguments. Perused the written arguments filed by the applicant^{bank and} the material^placed on record.

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Learned counsel appearing for the applicant bank^{submlts that} the defendants admitted the default and that^{the applicantbank} initiated steps for recovery of dues as^per law.^{Therefore, the} OA claim may be allowed as^prayedfor.

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The point that arises for consideration is:-

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Whether the Applicant Bank is entitled for the OA claim against the Defendants 1 to 3 and the OA schedule assets?

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It is the case of the defendants that the default in^repaymentis neither wanton nor wilful and that they are^{ready to clear the} dues^provided some^{more time ls granted.Despite pleading on} these Iines, defendants have not^{produced any materlal} evidence to show that they took up the^{matter with the} applicant bank^prior to filing the^{writtenstatement before this} Tribunal. It is settled law that^{mere assertions withoutessential} material are of no use. On the^{otherhand,in order to provelts} claim, applicant bank marked 30 documents^throughAW.1 which remained unrebutted.^{Accordinqly, I hold that defendants} 1 to 3 are^jointly and severally^liable to^{pay tls OA clalm to the} appticant bank along^with interest^uno rort{)[r:+q

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oA.48/2025

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In the result, the present Original Application No.4Bl2025 is

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allowed as under: -

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i) defendants 1 to 3 are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.30,36,235/- (Rs.29,47,132.73/_ in respect of account No. 560931000298733 and Rs.1,89,101.46ps in respect of account No.56038100t704943) along with interest @10.45% per annum simple from the date of application till the date of realization;

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ii) the OA claim is secured by way of hypothecation/mortgage of properties as described in the schedules annexed to the OA and the applicant bank is entitled to proceed against the same to recover its dues;

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iii) the applicant bank is entiiled to proceed against the person and properties of the defendants for realization of its dues; and

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iv) the applicant bank is entitled for the costs.

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The Applicant Bank is directed to fire cost Memo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certificate accordingly.

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Communicate a copy of this order to the parties concerned and upload in official Web portal.

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(Dictated to the steno, signed and pronounced by me in the open court on this the 18rh day of December, 2025)

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Mrs. Chilamkuri Sanjamma

Case brief

What is this about?

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Union Bank of India v. Mrs. Chilamkuri Sanjamma

Case brief

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What did the court decide?

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