Allowed

State Bank of India v. Sunilraj Christopher

DRT31 Dec 2025OA/490/2024

Case brief

AI extract

What is this about?

The Tribunal allowed an Original Application for a Recovery Certificate against a defendant who defaulted on a housing loan, accepting the bank's uncontested evidence and awarding reduced simple interest.

What did the court decide?

Issuance of a Recovery Certificate for Rs.6,26,31,411/- plus 8.00% p.a. simple interest from filing date, recoverable from defendant personally and assets including the scheduled property.

State Bank of India versus Sunilraj Christopher — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 19^th Day of December, 2025

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Present: Sri. T. RAJESH

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Presiding Officer

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OA. No.490/2024

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BETWEEN:

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State Bank of India Branch office at Secured Assets Recovery Branch No.11/9, 3^rd Floor, J C Road Bangalore – 560002 Rep. by Chief Manager Binoy Kumar Srivastava

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… APPLICANT

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AND:

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Mr. Sunilraj Christopher S/o. Sri. Christopher Stansilas Aged about 40 years No.302, 3rd Floor, Prestine Vara, Municipal No.123, Infantry Road, Vasanthanagar, Bengaluru-560001

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Also at: i) No.1/55 G, Near Community Hall, Thoothoor Post, Kanyakumari-629176 Kanyakumari District, Tamilnadu District

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ii) Permanent Address: Bless Bhavan, Parambu Purayidom, Pulluvila, Karumkulam, Thiruvananthapuram, Kerala-695526 ...DEFENDANT

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Counsel on record/appeared for:

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Applicant : Smt. Divya Purandar Defendant : Exparte

OA. No.490/2024

:FINAL ORDER:

The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 for seeking issuance of Recovery Certificate against the defendant for Rs.6,26,31,411/- (Rupees Six Crore Twenty Six Lakh Thirty One Thousand Four Hundred and Eleven only) with further interest thereon from the date of filing the Application till realization from the Defendant.

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It is the case of the applicant that, the defendant availed the housing loan of Rs.4,88,76,000/- on 27.10.2020.

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It is also the case of the applicant that, in view of the above financed credit facility, the defendant executed necessary loan documents. Apart from the creation of security interest by way of mortgage over the Schedule property.

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It is further contended that, despite availing the credit facility, agreeing to service the loan amount promptly and regularly, the defendant failed in complying the same, resulting in default in repayment and consequentially turning the loan account as NPA.

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In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate

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OA. No.490/2024

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for the amount due in the account.

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Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set exparte on 23.10.2024.

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The applicant had let in evidence through AW-1, who filed their Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A1 to A14 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and proof affidavit.

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The following issues arise for consideration in this matter: i) Whether the applicant had succeeded in proving the OA claim as against the defendant? ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facility

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OA. No.490/2024

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as stated in the OA, as to the execution of loan documents as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.

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Hence in view of the above finding which cover both the issues raised in this manner, this Tribunal is of the view that OA is to be allowed.

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Taking into consideration the facts that the credit facility was availed for housing purpose and also that OA claim is arrived at by calculating interest at the agreed rate, this Tribunal in view of the OA can be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.490/2024 stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of Rs.6,26,31,411/- (Rupees Six Crore Twenty Six Lakh Thirty One Thousand Four Hundred and Eleven only) with further interest of 8.00% p.a.(simple) from the date of filing OA till the realization from defendants, after giving credit to all the amount recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against the defendant personally

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OA. No.490/2024

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and his other assets, including the schedule is liable for all such amounts due under the loan account. The schedule to the OA be the schedule to the Recovery Certificate.

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ii) If the sale proceeds are not found sufficient to cover the amount due and payable to the applicant bank, the defendant personally and his other assets are liable for all such amounts due under the loan account.

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iii) The applicant bank is allowed cost of the proceeding which applicant to file cost memo within 7 days from the date of receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this

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order and transferred to Recovery for execution.

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v) Interim Application pending, if any, stands disposed of with this Final Order.

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Communicate a copy of the order to the parties concerned in terms of Section 19(21)(i) of the RDB Act, read with Rule 16 of DRT (Procedure) Rules, 1993.

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[Dictated to the Stenographer (PR), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 31^st Day of December 2025].

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Sd/(T. RAJESH) PRESIDING OFFICER

OA. No.490/2024

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Rajendra T K, Chief Manager of the applicant bank.

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Exhibits on the part of the Applicant:

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Annexure	Particulars
A1	Loan Application Dated 02.10.2020
	Copy of the letter of arrangement sanction
A2	communication dated 27.10.2020, duly accepted by the defendants
A3	Copy of Memorandum of loan agreement dated 27.10.2020
A4	Copy of Mortgage Agreement dated 27.10.2020
	Copy of affidavit sworn by defendant undertaking
A5	to mortgage the schedule property dated 27.10.2020
A6	Copy of letter of undertaking to mortgage the schedule property dated 27.10.2020
A7	Copy deposit of title deeds dated 29.10.2020
A8	Copy of sale deed by defendant in respect of the schedule property dated 29.10.2020
A9	Copy of confirmation letter for having deposited the original title deeds dated 30.10.2020
A10	Copy of demand notice under section 13(@) of the Securitization Act, dated 10.11.2023
	Copy of returned postal cover with respect to
A11	demand notice sent which was returned as unserved

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OA. No.490/2024

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A12(a)	Copy of demand notice published in the
A12(b)	newspapers in Tiruneveli edition and Bangalore
A13(a)	Edition
A13(b)
A14	Certified true extract of the statement of account of the account bearing No.39760262054

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Sd/-

State Bank of India v. Sunilraj Christopher

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sunilraj Christopher

Case brief

What is this about?

What did the court decide?

What the court decided

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