Allowed

State Bank of India v. Smt Stromblin Banjel

DRT24 Jul 2025OA/637/2024

Case brief

AI extract

What is this about?

Defendants recovered joint and several liability to repay Rs. 41.11 lakh home loan dues with 8.85% interest. Court approved sale of mortgaged property and issued recovery certificate under RDB Act s. 19(2).

What did the court decide?

Defendant pay Rs. 41.11 lakh plus interest @8.85%; mortgaged and personal properties attachable; defendants restrained from transfers; Recovery Certificate issued.

State Bank of India versus Smt Stromblin Banjel — Banking and Recovery | DRT (2025)

CONTD. ORDER. SHEET

PAGE NO

CASE NO

DATE	DESCRIPTION OFTHEORDER	REMARK
OA 74/07/75	Judgment pronouncedintheOpenCourtCamp at Raipur.CopyofJudgment beissuedto thePartiesas perrutes.Record be consignedto theRecordRoom. asPatet) Presidingofficer DRT:Jabatpur CampCourt:Raipur	At}',-r*'^-- tT,t:X,H? .,llkll;

¶5

DEBTS RECOVERY TRIBUNAL : JABALPUR

¶6

(for the States of Madhya Pradesh and Chhattisgarh)

¶7

CAIAP COURT AT RAIPUR^(C.G.)

¶8

(Presiding Officer - Hon'b[e Shri Ram Niwas Patet)

¶9

Originol Application No.^- 637124

¶10

State Bank of lndia, Stressed Assets Recovery Branch, Btock B-1, Pujari Chamber, Pachpedi Naka, Tikrapara, Raipur (C.G.)

¶11

..... Appticant

¶12

Versus

¶13

01 ) Smt. Strombtin Banjet, W/o Shri Matik Anand Banjet,

¶14

(a) Vishnu Vihar Colony, Ptot No. F-1, Nahariya Baba Road, Janjgir, Janjgir Champa^(C.G.) 495668

¶15

(b) Near Mission Compound, Bhatha Para Ward No.-23, Janjgir, Distt.^-Janjgir Champa^(C.G. ) 495668

¶16

¶17

Shri Malik Anand Banjet, Si o Shri Ram Charan^BanjeL, Vishnu Vihar Cotony, Ptot^No.F-1, Nahariya Baba Road, Janjgir, Janjgir ChamPa^(C.G.)495668 Defendants

¶18

Counsel for the Applicant : Shri^{L.P. Yadav, Advocate}

¶19

Defendants : Ex-Parte

¶20

JUDGMENT

¶21

(Dated : 24th July, 2025)

¶22

The Appticant-Bank has fited the^{present OriginalApplication} u/s^'19 of Recovery of Debts^{and BankruptcyAct on 07105174against the} Defendants for recovery of^{Rs' 41} ,11,673.00^{(RupeesFourty OneLakh,} Eteven Thousand, Six Hundred^{and SeventyThree onty) atong with interest} and other reliefs as stated.

¶23

The brief facts of the case^{are that on the joint request of} Defendants, the Appticant^{Banksanctioned Home Loan of Rs' 30 Lakh,Home} Loan lnsurance Cover of^{Rs. 1.80 Lakh aggregatingRs' 31'80Lakh on}

¶24

¶25

oA 637124

¶26

04/06/18 and in consideration of the same, the Defendants in addition to execution of loan documents have also created equitable mortgage over the immovabte^property, i.e., Ftat No.-1801 , Ptot No.-Fl1, 2nd Ftoor, Vishnu Vihar Mouza Naita, P.H. No.-l1, Nagar Patika Janjgir, Ward No.-7, B.D. Mahant Ward, at Joint Khasra No.^-54415, 545 / 5, 546 1 5, 547 / 2, 548 / 1, 560 1 1 KA, Tehsi[ & District-Janjgir-Champa (C.G.), area 708 sq.ft.; betonging to Defendant No.-1. The Defendants avaited the credit facitities and also executed Revival Letter on 06105/21 but faited to tiquidate the outstanding dues despite issuance of Legal Notice 04104/24 by the Appticant Bank. The Applicant-Bank has retied upon the documents at Ex. A-1 to A-11 which were proved by Shri Sajan Joseph Mathew, Chief Manager.

¶27

Despite service of notice, the Defendants neither appeared nor fited written statement. They were proceeded ex-parte vide order dated 22101 /25. There is therefore, no reason to disbelieve the contentions of the Bank. Considering the facts of the case, I opine that the Defendants are jointty and severalty tiabte to pay the ctaim amount together with interest and costs. The Appticant-Bank in its application has ctaimed interest @8.85% p.a. with monthly rests. However, I feet it fair and reasonable to grant interest @8.85% p.a. simple pendentetite and future titl realization of the dues. The mortgaged property is tiabte to be sold for recovery of amount due atong with the personal properties and assets of the Defendants.

¶28

The Originat Application is altowed and it is ordered as under-

¶29

i) The Defendants do pay jointty and severatty Rs. 41,11,673.00 (Rupees Fourty One Lakh, Eteven Thousand, Six Hundred and Seventy Three onty) together with pendentetite and future interest @8.85% per annum simple from the date of fiting of the OA, i.e.,02/05124, with costs titl its reatization.

¶30

ii) The Applicant Bank is entitted to setl the mortgaged as welt as personat properties and assets of the Defendants for rea[ization of its dues. The Defendants are hereby restrained by means of injunction from depteting, transferring, encumbering, atienating or in any way dealing with their properties/assets without first paying the c[ of the Appticant Bank.

¶31

¶32

oA 637121

¶33

iii) A Recovery Certificate be issued uls 19(22\ of Recovery of Debts and Bankruptcy Act. The applicant bank may fite a memo of^cost within 7 days for preparing Recovery Certificate.

¶34

Judgment pronounced in the open court on this Day of^{24thJuty, 2025 at} Camp Court Raipur.

¶35

I
(R am sP tet)
Presidine Officer

¶36

State Bank of India v. Smt Stromblin Banjel

Case brief

What is this about?

What did the court decide?

State Bank of India v. Smt Stromblin Banjel

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Central Bank of India versus Smt Preeti Sachdev

Uco Bank versus Sheikh Islam

Uco Bank versus Shri Mukesh Kumar Sinha

Bank of Baroda versus M/S Simran Group of Industries

Idbi Bank versus Dayaluram Markam

State Bank of India versus Domar Singh Sahu