Allowed

State Bank of India v. Solomon Jachin Finney G

DRT26 Jun 2025OA/51/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal adjudicated an application filed by State Bank of India for recovery of dues tantamount to Rs. 57 lakhs arising from a housing loan default. Following an ex-parte hearing due to the defendant's non-appearance, the Tribunal allowed the application and directed recovery through sale of mortgage properties.

What did the court decide?

Direction to recover Rs. 57,06,842/- with interest through sale of schedule properties and issuance of recovery certificate.

State Bank of India versus Solomon Jachin Finney G — Banking and Recovery | DRT (2025)

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O.A. No. 51 of 2022

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26.06.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 26^th day of June, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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ORIGINAL APPLICATION No. 51 of 2022

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STATE BANK OF INDIA, Vandalur Branch, 2/248, Anna Street, Vandalur, Chennai – 600 048. Represented by its Branch Manager

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….Applicant

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-Vs-

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Mr. Solomon Jachin Finney G, Residing at No. 118, 3^rd Street, Krishna Nagar, Tambaram, Chennai – 600 045. …. Defendant

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Counsels on record / appeared:

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Counsel for Applicant : M/s. T. Kamalakannan

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Defendant was set ex-parte on 24.05.2022

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: - FINAL ORDER - :

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This Original Application is filed on 20.11.2018 by the Applicant Bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 (formerly Recovery of Debts Due to Banks and Financial Institutions Act, 1993) against the sole defendant, for recovery of a total sum of Rs.57,06,842/- (Fifty Seven Lakhs Six Thousand Eight Hundred

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and Forty Two only) due in respect of Housing Loan (Account No. 37015323921) together with further interest @ 8.50% p.a., with monthly rests from the date of Application till the date of realization in full, for sale of schedule mentioned immovable property and for costs of

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O.A. No. 51 of 2022

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26.06.2025

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this Original Application.

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Brief Facts of the case:

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The Applicant submits that the application is filed within the period of limitation as prescribed under Section 24 of the Recovery of Debts and Bankruptcy Act, 1993, and the subject recovery claim falls within the jurisdiction of this Tribunal.

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It is the case of the Applicant Bank that pursuant to the request of the defendant to sanction the "Housing Loan" from the Applicant Bank, the RACC Thiruvanamalai, the applicant bank sanctioned the same on 15.07.2017. The loan is repayable in 352 instalments of monthly EMI of Rs. 42,494/- subject to the terms and conditions as envisaged under the Letter of Arrangement executed by the defendant agreeing to repay the loan in the defendant.

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The Applicant submits that in evidence of availing the Housing Loan facility and as security thereof, the defendant had executed the following loan documents on 15.07.2017 in favour of the applicant bank:

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(i) Letter of Arrangement (ii) Memorandum of Loan agreement for Home Loan (iii) Deed of undertaking

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It is submitted by the applicant bank that in order to secure the loan, the deposit of the title deeds was made by the defendant to the bank with intention create the mortgage in respect of Schedule Property in favour of the bank. The Memorandum of deposit of title deeds was

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26.06.2025

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executed by the Defendant on 22.09.2017 registered as Doc. No. 5124 of 2017 in the Office of Sub Registrar, Padappai.

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It is further submitted by the applicant bank that the defendant had undertaken to repay the loan amount together with interest as per the terms and conditions of the Letter of Arrangement and Deed of undertaking dated 15.07.2017. The Applicant submits further that subsequent to the disbursement of the aforesaid credit facilities, the defendant has not operating the Loan accounts as per the terms and conditions. The Applicant had been repeatedly making representations to the defendant to regularize the accounts. But the defendant did not take any concrete steps to regularize the loan accounts or to repay the loan amounts. It is submitted by applicant bank that subsequent to availing of loan, in spite of repeated demands and several reminders made, the defendant failed to repay the balance of the liability owed by him to the Applicant Bank under the aforesaid credit facility. Consequently, the loan account of the defendant has been classified as Non-Performing Assets (NPA) on 12.08.2018 in terms of the directives of Reserve Bank of India. Applicant bank had also sent to the defendant on 08.10.2018 demanding him to repay the dues, despite which defendant did not come forward to repay the dues. Hence the present Original Application (OA) has been filed for recovery of dues from defendants.

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After the filing of the OA, summons was sent to the defendant through Registered Post with Acknowledgment Due, which returned

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unserved with postal endorsement as “No such Person”. Applicant Bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 24.05.2022 even after giving sufficient time, there was no appearance or representation from the defendant. Hence, defendant was placed ex-parte on 24.05.2022.

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Heard the submissions of Applicant Bank and perused the records.

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To prove the case of the Applicant Bank, Smt. M. Adelinde, Branch Manager of the Applicant Bank, has filed his Affidavit by way of evidence and same was considered as evidence of AW-1 and list of documents came to be marked as Ex.A-1 to A-9 . As the defendant remained exparte, the OA claim remains unchallenged. There is no contra evidence available on record to repudiate the claim of the Applicant Bank.

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With regard to the amount advanced, the interest applied, the conduct and operations in the account and the default committed, this Tribunal comes to the conclusion that the applicant bank is entitled for a final order on the following terms:

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: O R D E R :

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The OA is allowed with costs,

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(a) The applicant bank is allowed to recover from the sole defendant a total sum of Rs.57,06,842/- (Fifty Seven Lakhs

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Six Thousand Eight Hundred and Forty Two only) due in

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O.A. No. 51 of 2022

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26.06.2025

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respect of Home Loan (Account No. 37015323921) repayable together with further interest @ 8.50% p.a. with monthly rests from the date of Application till the date of realization in full along with costs of this application.

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(b) In the event of failure of the Defendant to pay the aforesaid amount, the bank is at liberty to recover the amount by sale of the schedule A, B & C mentioned immovable properties morefully detailed in the OA schedule.

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(d) The applicant bank shall file the latest memo of calculation of OA amount together with interest, costs etc., to be paid by the Defendant duly considering the amounts, if any, paid by the Defendant and/or amount realized by sale of assets etc., during the intervening period after the filing of the OA, enabling the Registry to prepare Recovery Certificate for the amount to be paid by Defendant to the applicant bank.

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(e) The applicant bank shall file memo of costs within ten days from the date of receipt of this final order.

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(f) Recovery Certificate shall be drawn up and issued to the Recovery Officer in terms of the final order.

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O.A. No. 51 of 2022

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A copy of this order be communicated to the parties concerned.

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Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

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(Dictated to Steno (Ponmalar), transcribed by her, corrected, signed and pronounced by me

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on this the 26^th day of June, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Smt. Adelinde, Branch Manager of the Applicant Bank

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Exhibits on the part of the Applicant:

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Sl. No.	Date	Description of Documents	Exhibit No.
1.	12.07.2017	Sanction Letter	A-1
2.	15.07.2017	Letter of Arrangement	A-2
3.	15.07.2017	Memorandum of Loan Agreement for Home Loan	A-3
4.	15.07.2017	Deed of Undertaking	A-4
5.	22.09.2017	MOD registered Doc. No. 5124 of 2017	A-5
6.	16.06.2017	Construction Agreement Doc. No. 3643 of 2017	A-6
7.	21.07.2017	Sale Deed Doc. No. 3644 of 2017	A-7
8.	08.10.2018	Lawyers Notice	A-8
9.	19.11.2018	Statement of Accounts and Certificate	A-9

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Witness Examined for the Defendant: -Nil-

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List of Documents Exhibited for the Defendant: -Nil –

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O.A. No. 51 of 2022

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26.06.2025

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SCHEDULE OF PROPERTY

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SCHEDULE-A (Total Property)

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All that piece and parcel of vacant house site bearing Plot No. 59 measuring an extent of 2400 Sq. ft. comprised in Survey No. 349, Patta No. 116 as per Patta new Survey No.349/85, in the layout named Captain Sasikumar Nagar approved by DTCP/LPDM No. 64/24 situated in Old No. 29, New No. 9, Mudichur Village, Tambaram Taluk, Kancheepuram District.

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Bounded on the:

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North by : 20 Feet Road South by : Plot No 60 East by : 30 Feet Road West by : Plot No. 60 measuring on the: North by : 60'0" (including for splay) South by : 60’0" East by : 40'0" (Including for splay) West by : 40'0"

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The above property is situated within the St. Thomas Mount Panchayat Union Limits within the Registration District of Chennai South and Registration Sub-District of Padappai.

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SCHEDULE B

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All that piece and parcel of vacant house site bearing Plot No. 59B, measuring an extent of 1180 Sq. ft. comprised in Survey No. 349, Patta No. 116 as per Patta New Survey 349/85, in the layout named Captain Sasikumar Nagar approved by DTCP/LI No. 64/74, situated in Old No. 29, New No. 9, Mudichur Village Tambaram Taluk, Kancheepuram District.

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The sub-division planning permit no. 1362/2014 office L.r. No. 6021 of 2014, dated 23.12.2014 Commissioner, St. Thomas Mount Panchayat Union, Chitlapakkam, Chennai-600 064 given by Member Secretary,

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Chennai 600 008 and sub division permission D. Dis. No. 6021 of 2014 P P A No. 2/15, dated 04.02.2015 President, Mudichur First Grade Panchayat, Chennai 600 048.

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The building planning permit No. 1562/2015, Lr. No. 6482/2015 dated 15.09.2015, for Member Secretary, CMDA, Chennai – 600 008, Thomas Malai Panchayat Union, Chitlapakkam, Chennal 600 064 and D.Dis. No. 1864/2015 dated 19.09.2015, P.P.A. No. 1562/2015 dated 15.09.2015, Thomas Malai Panchayat Union, Chitlapakkam, Chennai 600 064. Bounded on the

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North by	:	20 Feet Road
South by	:	Plot No. 60
East by	:	Plot No. 59A
West by	:	Plot No. 66
measuring on th	e:
North by	:	29.5"
South by	:	29'5"
East by	:	40'0"
West by	:	40'0"

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The above property is situated within the St. Thomas Mount Panchayat Union Limits and within the Registration District of Chennai South and Registration Sub-District of Padappai.

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SCHEDULE-C

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550 Sq. ft. (51.11 Sq. Meter) undivided share of land out of B Schedule mentioned property together with 1,372 Sq. ft. R CC Terraced building in Ground Floor, and First Floor, including Common area all its amenities and car parking in Duplex House B-Block Mudichur, Chennai 600 048.

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Sd/-

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(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

State Bank of India v. Solomon Jachin Finney G

Case brief

What is this about?

What did the court decide?

State Bank of India v. Solomon Jachin Finney G

Case brief

What is this about?

What did the court decide?

What the court decided

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