Allowed

State Bank of India v. Jithendra

DRT7 Jul 2025TA/1089/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of dues totaling Rs. 64,23,648/- comprising Housing, Home Top Up, and SBI Suraksha loans against the defendant. The Tribunal granted liberty to the bank to sell secured and personal assets for recovery.

What did the court decide?

Recovery of Rs. 64,23,648/- with interest; liberty to sell secured and personal assets for recovery.

State Bank of India versus Jithendra — Banking and Recovery | DRT (2025)

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T.A. No. 1089 of 2023

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07.07.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 07^th day of July, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No. 1089 of 2023

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(Originally filed before DRT- II, Chennai as OA 115/2020 and thereafter transferred to this Tribunal and renumbered as TA No 1089 of 2023)

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State Bank of India Retail Assets Central Processing Centre, MRC Nagar, No.4, Santhome High Road, Mylapore, Chennai 600 004. Represented by its Chief Manager ….Applicant

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-Vs-

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Mr. G.V.Jithedra, S/o Mr. Chiranjeveghantasala Residing at No.33, Shathiniketan, 66, Poes Garden, (Near Jayalalitha House), Chennai 600 086

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…Defendant

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Counsels on record / appeared:

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Counsel for Applicant : M/s. M. Suresh

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Defendant was set ex-parte on 21.09.2022

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: - FINAL ORDER - :

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This original application is filed on 29.01.2020 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 defendant for recovery of a total sum of Rs.64,23,648/- (Rupees Sixty Four Lakhs Twenty Three Thousand

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Six Hundred and Forty Eight only) as follows:

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i. A sum of Rs.18,41,065/- due in respect of Housing Loan (Account No.37734006415) repayable together with further interest @ 8.90% p.a. from the date of filing till the date of realisation in full;

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(ii) A sum of Rs.43,55,241/- due in respect of Home Top Loan (Account No.37734797031) repayable together with further interest @ 8.25% from the date of filing till the date of realisation in full;

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(iii) A sum of Rs.2,27,342/- due in respect of SBI Suraksha Loan (Account No.38000374973) repayable together with further interest @ 8.50% with monthly rests from the date of Application till the date of realization in full;

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for sale of schedule mentioned immovable property and for costs of this OA.

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Originally, this Application was filed before DRT-II, Chennai, assigned OA No.115 of 2020, and thereafter in pursuance to the notification from Ministry of Finance, DFS dated 04.10.2022, OA No.115 of 2020 stood transferred to this Tribunal and renumbered as TA No.1089 of 2023.

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T.A. No. 1089 of 2023

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07.07.2025

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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 defendant approached applicant bank seeking financial assistance for purchase of House morefully detailed in the OA schedule.

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It is submitted by the applicant bank that the defendant had executed loan document dated 03.06.2018 & 04.06.2018, in favour of applicant bank. Pursuant to the request of the defendant to sanction the “Housing Loan” facility to the tune of Rs.18,00,000.00 and Home Top Up Loan Facility to the tune of Rs.42,00,000.00 and SBI Suraksha facility to the tune of Rs.2,24,672/-, applicant bank had sanctioned Housing Loan, Home Top Up Loan and SBI Suraksha loan facilities subject to the Terms and conditions as envisaged under the Arrangement Letter dated 03.06.2018 and 04.06.2018 and Memorandum relating to Deposit of title deeds dated 25.06.2018 executed by the Defendant.

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It is further submitted that the defendant herein had executed the following loan documents thereby the defendant acknowledging the said loan amount availed from the applicant bank. The defendant had undertaken to repay the loan amount in time without committing any

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default.

a) Sanction letter dated 03.06.2018

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b) Arrangement letter dated 03.06.2018

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c) Memorandum of Loan Agreement for Home Loan granted to public dated 04.06.2018

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d) Agreement to Mortgage dated 04.06.2018

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e) Sanction Letter dated 04.06.2018

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f) Arrangement Letter dated 04.06.2018

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g) Memorandum of confirmation of extension of the existing Equitable Mortgage 22.06.2018

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h) Loan Agreement dated 05.07.2018

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i) Memorandum relating to Deposit of Title Deeds dated 25.06.2018

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The applicant submits that subsequent to the disbursement of the aforesaid loan facilities, the defendant was not operating the account as per the terms and conditions. Inspite of repeated representations to the defendant to regularize the “Housing Loan” and “Home Top Up Loan” and “SBI Suraksha” loan accounts, the defendant did not take any concrete steps to regularize the loan accounts or to repay the loan amounts. Since the defendant has failed to service the interest and principal due under the Housing Loan accounts, consequently it was classified as Nonperforming Asset (NPA) in the books of applicant bank on 02.06.2019 in

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accordance with RBI guidelines. Applicant bank through its Authorised Officer had issued Demand Notice under Section 13(2) of the Act to the defendant to repay the Housing Loans together with accumulated interest but evoked no response from defendant. Hence the present Original Application (OA) has been filed for recovery of amounts due from the defendants.

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After the filing of the OA, summons were sent to the Defendant through Registered Post with Acknowledgment Due, which was returned unserved with postal endorsement as “Left”. Applicant Bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 21.09.2022 even after giving sufficient time, there was no appearance or representation from the defendant. Hence, Defendant was placed ex-parte on 21.09.2022.

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Heard the submissions of Applicant Bank and perused the

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records .

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To prove the case of the Applicant Bank, Mr. Saket Kumar 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-15 . As the Defendant remained ex-parte, 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

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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 Defendant a total sum of Rs.64,23,648/- (Rupees Sixty Four Lakhs Twenty Three Thousand Six Hundred and Forty Eight only) as follows:

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(i) A sum of Rs.18,41,065/- due in respect of Housing Loan (Account No.37734006415) repayable together with further interest @ 8.90% p.a. from the date of filing till the date of realisation in full;

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(ii) A sum of Rs.43,55,241/- due in respect of Home Top Loan (Account No.37734797031) repayable together with further interest @ 8.25% from the date of filing till the date of realisation in full;

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(iii) A sum of Rs.2,27,342/- due in respect of SBI Suraksha

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Loan (Account No.38000374973) repayable together with further interest @ 8.50% 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 and B mentioned immovable property more fully detailed in the OA schedule.

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(d) If the sale proceeds of the Secured assets 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.

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(e) 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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(f) The applicant bank shall file memo of costs within ten days

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from the date of receipt of this final order.

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(g) Recovery Certificate shall be drawn up and issued to the

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Recovery Officer in terms of the final order.

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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 (Mogesh), transcribed by him, corrected, signed and pronounced by me on this the 07^th day of July, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Mr. Saket Kumar, Manager representing the Applicant Bank

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Exhibits on the part of the Applicant:

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Sl. No.	Description of Documents	Exhibit No.
1.	Sanction Letter 03.06.2018	A-1
2.	Arrangement Letter 04.06.2018	A-2
3.	Memorandum of Loan Agreement for Home Loan granted to public 04.06.2018	A-3
4.	Agreement to Mortgage 04.06.2018	A-4
5.	Sanction Letter 04.06.2018	A-5
6.	Arrangement Letter 04.06.2018	A-6
7.	Memorandum confirming the extension of the existing equitable mortgage 22.06.2018	A-7
8.	Loan Agreement 05.06.2018	A-8
9.	Memorandum relating to Deposit of Title deeds (Doc.No.4609/2018) 25.06.2018	A-9
10.	Agreement for construction (Doc.No.12564/2016) 31.05.2008	A-10
11.	Sale Deed executed by Manchirevelu Yadi Reddy and others Power Agent M/s V.S.S. Shree Homes Projects Private Limited infavor of G.V.Jithendra (Doc.No.1703/2008)	A-11

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12.	13(2) Demand	Notice	A-12
13.	Statement of Banker’s Book 17.12.2019	Account and Certificate Under Evidence Act, 1891 05.06.2018 t	A-13
14.	Statement of Banker’s book 17.12.2019	Account and Certificate under evidence Act, 1891 07.06.2018 to	A-14
15.	Statement of Banker’s book 17.12.2019	Account and Certificate under evidence Act, 1891 09.10.2018 to	A-15

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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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:- SCHEDULE A -:

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All that the Open Land admeasuring 5800.08 Sq.ft yards or equivalent to 4850.00 square meters, in S.No.22(part) situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District.

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Bounded on the

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North by: Neighbours Land & Road, South by: Part of Land in Sy.No.22, East by: Neighbours Land, West by: Part of Sy.No.22

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Measuring on the

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North by: 37 Feet South by: 36`2” Feet East by: 26 Feet West by: 26 Feet

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:- SCHEDULE B -:

All that semi furnished residential Flat No.103, in First Floor of “Shree Homes-Suha” having a plint area of 1875.56 sq.ft (including common area) together with undivided share of land admeasuring 80 square yards equivalent to 66.89 square meters out of 5800.08 square yards, in Survey No.22(part) situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District

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Bounded on the

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North by: Open to Sky, South by: Open to Sky, East by: Corridor, West by: Open to Sky

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

State Bank of India v. Jithendra

Case brief

What is this about?

What did the court decide?

State Bank of India v. Jithendra

Case brief

What is this about?

What did the court decide?

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