Allowed

State Bank of India v. Smt. Minati Mandal

DRT25 Jul 2025OA/781/2024

Case brief

AI extract

What is this about?

Debt Recovery Tribunal allowed bank applicant's original application against respondents for recovery of dues from overdraft and home loan accounts. Court ordered joint and several liability, modified interest rates, and issued recovery certificate.

What did the court decide?

Respondents ordered to pay ₹32,07,379 jointly and ₹1,40,137 jointly and severally with modified interest rates. Recovery Certificate issued under Section 19(12) and injunction passed against alienatio

State Bank of India versus Smt. Minati Mandal — Execution and Attachment | DRT (2025)

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DEBTS RECOVERY TRIBUNAL : JABALPUR

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(for the States of Madhya Pradesh and Chhattisgarh)

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cAt P couRT AT RATPUR (C.G.)

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(Presiding Officer - Hon'bte Shri Ram Niwas Patel)

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Originol Applicotion No.^- 781¹²⁴

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

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Applicant

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Versus

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Smt. Minati Mandal, W/o Shr Prashant Mandal

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Shri Manmatha Kumar Ma[[ick, S/o Shri Mahadev Mattick

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(Both R/o H.No.-56lKs Ward No'-14, Ravindra Patti Pakhanjur,

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District' Kanker, C.G.⁴⁹⁴⁷⁷ 6\

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Defendants

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Counsel for the Appticant :^{Shri AdamyaBajpai,Advocate}

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Defendants : Ex-Parte

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JUDGMENT

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(Dated : 25th JulY, 2025)

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The Appticant-Bank^{has fited the present OriginalApptication} u/s 19 of Recovery of^{DebtsandBankruptcyAct on 07/06/24against the} Defendants for^{recoveryof Rs. 33,47,516,00 (RupeesThirty ThreeLakh'} Fourty Seven Thousand,^{Five Hundred and Sixteenonty) atongwith interest} and other reliefs^{as stated.}

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The brief facts of^{the case are that on the request of} DefendantNo..l,theAppticantBanksanctioned0verdraftLimitofRs.,l.35 Lakh on O5l12t7O^{and Home Loanof Rs' 28,97,832/'inctudingHome Loan} lnsurance Cover^{of Rs. 97,832/-on 01 111 l2Z' ln consideration of the} sanction of^{credit facitities the Defendant No'-1as borrower and Defendant} No.-2 as^{guarantorfor Home Loan in additionto execution of loanand} guarantee documents^{have atso createdequitable mortgage over the} immovable^{property, i.e., Att part & parceLof Land/buitding at Partof} Khasra No.-1380/1^{(new1380112)area 0'0068 hectare &' 1380/2 (new} 1380/13)^{area 0.0712 hectare, Vittage PakhanjurCotony'P'H' No'-8' RNM}

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oA78ll24

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Pakhanjur, within Nagar Panchayat Pakhanjur, Ward No.-14, Kramank-1 of Rabindranath Tagore Ward, District-Uttar Bastar Kanker (C.G.), admeasuring total area 0.024 hectare (240 sq.mtr.); belonging to Defendant No.-1. The Defendant No.-1 avaited the credit facitities and also executed Revival Letter on 23/03/23 but did not maintain financiaI disciptine. The accounts were classified as NPA and the Defendants faited to liquidate the outstanding dues despite issuance of Legal Notice on 16/04/24 and 04/05/74 by the Appticant Bank. The Appticant-Bank has relied upon the documents at Ex. A-1 to A-'13 which were proved by Shri Virendra Singh Tomar, Chief Manager.

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Despite service of notice, the Defendants neither appeared nor filed written statement. They were proceeded ex-parte vide order dated 04107 125. Admittedty Defendant No.-2 has executed guarantee document to secure Home Loan facitity onty and therefore his tiabitity is restricted to the dues in Home Loan account inctuding dues in home loan insurance cover. Considering the facts of the case, I opine that the Defendants are jointty and severally liabte to pay the ctaim amount together with interest and costs. The Applicant-Bank in its apptication has ctaimed interest @11.90% p.a. with monthly rests in overdraft account and interest @9.25% p.a. with monthty rests in home loan account and home loan insurance cover account. However, I feel it fair and reasonable to grant interest @11.90% p.a. simple in overdraft account and interest @9.25% p.a. simpte in home loan account and home toan insurance cover account pendentetite and future titt reatization of the dues. The mortgaged property is tiabte to be sotd for recovery of amount due along with the personal properties and assets of the Defendants.

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The Original Appticatjon is attowed and it is ordered as under-

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i) The Defendant No.-1 do pay Rs. 1,40,137.00 (Rupees One Lakh, Fourty Thousand, one Hundred and rhirty seven onty) and Defendant No.-1 & 2 do pay jointty and severatty Rs. 32,07,379.00 (Rupees Thirty Two Lakh, Seven Thousand, Three Hundred and Seventy Nine onty) together with pendentetite and future interest @11.90% per annum simpte in overdraft account and interest @9.25"/" p.a. simpte in home loan account and home loan insurance cover account from the date of fiting of the OA, i.e., 07 /06/24, with costs titt its reatization.

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Or\ 7tt I '2-l

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ii) The Appticant Bank is entitled to^{setl the mortgaged as wetlas} personal properties and assets of the Defendants for realization of^{its dues.} The sate of^{personal properties} of^{Defendant No.-2, if required, shatlbe} restricted to recovery of outstanding^{in the homeLoan accountinctuding} dues in home loan insurance^{cover. The Defendantsare hereby restrainedby} means of injunction from depteting,^{transferring, encumbering, atienatingor} in any way deating with their^{properties/assets without first paying the ctaim} of the Applicant Bank.

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iii) A Recovery Certificate be^{issued uls 19122]r of Recoveryof} Debts and Bankruptcy^{Act. The appticant bank may fite a memo of cost} within 7 days for^{preparingRecovery Certificate.}

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Judgment^{pronouncedin the open court on this Day of 25thJuty, 2025 at} Camp Court Raipur.

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.a9
07

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(R am AS atet) Presidinq Off icer

State Bank of India v. Smt. Minati Mandal

Case brief

What is this about?

What did the court decide?

State Bank of India v. Smt. Minati Mandal

Case brief

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What did the court decide?

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