The Debts Recovery Tribunal, Chennai allowed an original application filed by State Bank of India for recovery of dues amounting to Rs. 24,73,080.48 from the defendant. The court held the claim unchallenged given the defendant's ex-parte status.
Recovery of Rs. 24,73,080.48 with interest; liberty to sell mortgaged properties if dues remain unpaid.
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.
T.A. No. 101 of 2023
11.08.2025
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 11th day of August, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
TRANSFERRED APPLICATION No. 101 of 2023
(Originally filed before DRT- II, Chennai as OA 197/2020 and thereafter transferred to this Tribunal and renumbered as TA No 101 of 2023)
State Bank of India ARM Branch Chennai 44, 1st Floor, Eldams Road, Teynampet, Chennai – 600 018. Rep. by its Chief Manager ….Applicant -Vs-
Mr. B.S. Saravanan S/o Mr. Sundrababu, No.8/1, Medavakkam Tank Road, Ramalingapuram, Near Ayanavaram Signal Chennai – 600 012. …..Defendant
Counsels on record / appeared:
Counsel for Applicant : M/s. E. Kumar
Defendant was set ex-parte on 03.03.2022
: - FINAL ORDER - :
(i) A sum of Rs.12,63,580.90p due in respect of Housing Loan Facility (A/c No.35680115508) repayable together with further
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interest @ 8.70%, p.a. compounded with monthly rests along with penal interest @ 2% p.a., from the date of filing the OA till date of realization in full;
(ii) A sum of Rs.12,09,499.58p due in respect of Housing Loan Facility (A/c No.35668235707), repayable together with further interest @ 8.70%, p.a. compounded with monthly rests along with penal interest @ 2% p.a., from the date of filing the OA till date of realization in full;
for sale of schedule mentioned immovable property morefully detailed in Schedule to the OA, and for costs of this application.
Brief Facts of the case:
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on 14.03.2016 & 29.03.2016. For availing the said loan, the defendant was also willing to execute necessary loan documents and offered his immovable properties as security for the loan.
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documents for the credit facility of Rs.13,00,000/- in respect of PLOT No.68.
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To secure the loan availed with the bank with an intention to create security interest under section 58(f) of T.P Act in favour of the applicant bank.
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Heard the submissions of Applicant Bank and perused the
record s.
: O R D E R :
15. The OA is allowed with costs,
Rs.24,73,080.48p (Rupees Twenty Four Lakhs Seventy Three
Thousand Eighty and Forty Eight Paisa Only) as follows:
(i) A sum of Rs.12,63,580.90p due in respect of Housing Loan Facility (A/c No.35680115508) repayable together with further interest @ 8.70%, p.a. compounded with monthly rests along with penal interest @ 2% p.a., from the date of filing the OA till date of realization in full;
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(ii) A sum of Rs.12,09,499.58p due in respect of Housing Loan Facility (A/c No.35668235707), repayable together with further interest @ 8.70%, p.a. compounded with monthly rests along with penal interest @ 2% p.a., from the date of filing the OA till date of realization in full along with costs.
(b) In the event of failure of the defendants to pay the aforesaid amount, the bank is at liberty to recover the amount by sale of the schedule mentioned immovable properties more fully detailed in the OA.
(c) Schedule mentioned immovable properties in the OA shall be appended to this final order.
(d) If the sale proceeds of the immovable properties are not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the Defendant (both movable and immovable) to recover the balance dues as required under law for which the Defendant to disclose to the Tribunal particulars of other properties or assets owned by the Defendant.
(e) The applicant bank shall file the latest memo of calculation of OA amount together with interest, costs etc., to be paid by the defendants duly considering the amounts, if any, paid by the defendants and/or amount realized by sale of assets etc., during the intervening period after the filing of the OA, enabling the Registry to
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prepare Recovery Certificate for the amount to be paid by defendants to the applicant bank.
(f) The applicant bank shall file memo of costs within ten days from the date of receipt of this final order.
Recovery Officer in terms of the final order.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to Steno (Deepika), transcribed by her, corrected, signed and pronounced by me on this the 11th day of August, 2025)
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Sh. T S V Ramana, Chief Manager representing the Applicant Bank.
Exhibits on the part of the Applicant:
| Sl. No. | Description of Documents | Exhibit No. |
|---|---|---|
| 1. | Arrangement Letter for the Individuals Home Loan for Rs. 13,00,000 dully signed by defendant- (For Plot No.64) dated 31.03.2016. |
A-1 |
| 2. | Arrangement Letter for the Individuals Home Loan for Rs. 13,00,000 dully signed by defendant- (For Plot No.68) dated 31.03.2016. |
A-2 |
| 3. | Memorandum of Loan Agreement for Home Loan of Rs. 13,00,000 dully signed by Defendant (For Plot No.64) dated 31.03.2016. |
A-3 |
| 4. | Agreement to Mortgage the property belonging to the defendant executed by defendant in favor of |
A-4 |
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| Applicant bank. (For Plot No.64) dated 31.03.2016. |
||
|---|---|---|
| 5. | Affidavit of undertaking executed by the Defendant in favour of Applicant bank (For Plot No.64) dated 31.03.2016. |
A-5 |
| 6. | Memorandum of Loan Agreement for Home Loan of Rs. 13,00,000 dully signed by Defendant (For Plot No.68) dated 31.03.2016. |
A-6 |
| 7. | Agreement to Mortgage the property belonging to the defendant executed by defendant in favour of Applicant bank(For Plot No.68) dated 31.03.2016. |
A-7 |
| 8. | Affidavit of undertaking executed by the Defendant in favour of Applicant bank (For Plot No.68) dated 31.03.2016. |
A-8 |
| 9. | Sale Deed registered as Doc. No. 1408 of 2016 with SRO Tirutani executed by Mr.P.Soundararajan to and in favour of Mr.B.S.Saravanan (For Plot No.64) dated 31.03.2016. |
A-9 |
| 10. | Sale Deed registered as Doc.No.1409 of 2016 with SRO Tirutani executed by Mr.P.Soundararajan to and in favour of Mr.B.S.Saravanan(For Plot No.68) dated 31.03.2016. |
A-10 |
| 11. | Memorandum Relating to Deposit of Title Deeds registered as Doc.No. 1475/2016 with SRO Tirutani (For Plot No.64) dated 06.04.2016. |
A-11 |
| 12. | Memorandum Relating to Deposit of Title Deeds registered as Doc.No. 1476/2016 with SRO Tirutani (For Plot No.68) dated 06.04.2016. |
A-12 |
| 13. | Statement of Accounts for Account No. 35680115508 from 31.03.2016 to 28.02.2020 |
A-13 |
| 14. | Statement of Accounts for Account No. 35668235707 from 31.03.2016 to 28.02.2020 |
A-14 |
Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
SCHEDULE
Item No.1
All that piece and parcel of the residential Building and land measuring an extent of 1040 Sq.ft bearing Plot No.64, in the lay Out namely "THIRUTHANIGAI NAGAR" comprised in S.Nos. 291/15, 291/16 & 291/18 of Tirutani Village situated at Tirutani Taluk, Thiruvallur District and being bounded on the
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North by: Plot No.55, South by: 23 Feet Vide Road, East by: Plot No.65, West by: Plot No.63. Admeasuring ::
North to South on the Eastern Side : 40 Feet, North to South on the Western Side: 40 Feet, East to West on the Northern side : 26 Feet, East to West on the Southern side : 26 Feet
Situated within the Registration District of Kancheepuram and Sub Registration District of Tirutani.
Item No.2
All that piece and parcel of the residential Building and land measuring an extent of 1040 Sq.ft bearing Plot No.68, in the lay Out namely “THIRUTHANIGAI NAGAR” comprised in S.Nos.292/5, 292/6 & 292/8 of Tirutani Village situated at Tirutani Taluk, Thiruvallur District and being Bounded on the
North by: Plot No.51,
South by: 23 Feet Vide Road,
East by: Plot No.69, West by: Plot No.67. Admeasuring:
North to South on the Eastern Side : 40 Feet, North to South on the Western Side: 40 Feet,
East to West on the Northern side : 26 Feet,
East to West on the Southern side : 26 Feet
Situated within the Registration District of Kancheepuram and Sub Registration District of Tirutani.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
1 issue framed by the court
Whether the debt recovery application under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 is maintainable and the claim is sustainable.
3 provisions across 2 enactments
State Bank of India ARM Branch Chennai
Mr. B.S. Saravanan
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
