A DRT allowed the bank's original application filed under the DRBA for recovery of a home loan. The court imposed an injunction on the defendants and ordered the issuance of a recovery certificate.
Defendants pay Rs. 38,81,939.00 with interest; injunction on transferring properties; Recovery Certificate issued under s. 19(22).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CONTD. ORDER. SHEET
PAGE NO
CASE NO
| DATE | DESCRIPTION OFTHEORDER | REMARK |
|---|---|---|
| oA 676t24 24t07125 |
JudgmentpronouncedintheOpenCourtCamp at Raipur.CopyofJudgmentbeissuedtothePartiesas perrutes.Recordbeconsignedto theRecordRoom. ( Patet) Presi gofficer DRT:JabatPur CampCourt:Raipur |
/6t,y,1-w^.,-- 'h')ryn.fll' -akHr-') .t?tTeyt6'6_,,, Yt-, |
DEBTS RECOVERY TRIBUNAL : JABALPUR
(for the States of Madhya Pradesh and Chhattisgarh)
CAI.IP COURT AT RAIPUR (C.G.)
(Presiding Officer - Hon'bte Shri Ram Niwas Patet)
Original Application No.- 676124
State Bank of lndia, Stressed Assets Recovery Branch, Btock B-1, Pujari Chamber, Pachpedi Naka, Tikrapara, Raipur (C.G.)
Appticant
Versus
(Both at H.No.-373, Ward No.-56, Shitta Mandir Marg, PatelPara, Baghera, Durg, C.G.491001 )
Defendants
Counsel for the Appticant : Shri Adamya Bajpai,Advocate Defendants : Ex-parte
JUDGMENT
(Dated : 24th July,2025)
2
oA 676t24
outstanding dues despite issuance of Legat Notice on 16/04/24 by the Appticant Bank. The Appticant-Bank has retied upon the documents at Ex A-1 to A-10 which were proved by Shri Sajan Joseph Mathew, Chief Manager.
i) The Defendants do pay jointty and severatty Rs. 38,81 ,939.00 (Rupees Thirty Eight Lakh, Eighty One Thousand, Nine Hundred and Thirty Nine onty) together with pendentelite and future interest @9,90yo per annum simpte from the date of fiting of the OA, i.e.,24/05/24, with costs titt its reatization.
ii) The Applicant Bank is entitled to setl the mortgaged as we[[ as personal properties and assets of the Defendants for reatization of its dues. The Defendants are hereby restrained by means of injunction from depteting, transferring, encumbering, atienating or in any way deating with their properties/assets without first paying the claim of the Appticant Bank.
iii) A Recovery Certificate be issued uls 19(22) of Recovery of Debts and Bankruptcy Act. The appticant bank may fite a memo of cost within 7 days for preparing Recovery Certificate.
Judgment pronounced in the open court on this Day of 24th July, 2025 at Camp Court Raipur.
07
( iwas Patet)
Presidinq Off icer
2 issues framed by the court
Whether the defendants are jointly and severally liable to pay the claimed home loan amount along with interest and costs.
Whether the mortgaged and personal properties of the defendants are liable to be set for realization of dues.
2 provisions across 1 enactments
State Bank of India, Stressed Assets Recovery Branch
Domar Singh Sahu
Lakeshwari Sahu
Ram Niwas Patet
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
