Allowed

Bank of Baroda v. Ms Selvi Construction Company

DRT27 May 2025TA/1128/2023

Case brief

AI extract

What is this about?

Bank of Baroda approached DRT-III for recovery of dues from M/s. Selvi Construction Company and its partners/guarantors under the RDB Act. The Tribunal, deciding the application ex-parte due to non-appearance of respondents, allowed the bank's claim and sanctioned recovery of the principal and interest.

What did the court decide?

The applicant bank is allowed to recover Rs. 2,46,53,682/- with subsequent interest at 14.80% p.a. from the respondents and to sell the mortgaged and hypothecated assets for recovery.

Bank of Baroda versus Ms Selvi Construction Company — Banking and Recovery | DRT (2025)

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T.A. No. 1128 of 2023

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27.05.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 27^th day of May, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No. 1128 of 2023

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(Originally filed before DRT- II, Chennai as OA 512/2020 and thereafter transferred to this Tribunal and renumbered as TA No 1128 of 2023)

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Bank of Baroda,

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(Erstwhile Vijaya Bank) Zonal Stressed Assets Recovery Branch, 1^st Floor, 74, Theagaraya Road, T.Nagar, Chennai – 600 017. Rep. by its Chief Manager

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…..Applicant

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-Vs-

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M/s. Selvi Construction Company,

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Rep. by its Partner Mr. S. Ravichandran, 13/11, Sengani Amman Koil Street, Maduvinkarai, Guindy, Chennai – 600 032.

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Mr. S. Ravichandran, S/o. S. Subramanian, 1/7, Sengani Amman Koil Street, Maduvinkarai, Guindy, Chennai – 600 032.

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Mrs. S. Selvakumari, W/o. S. Ravichandran, 1/7, Sengani Amman Koil Street, Maduvinkarai, Guindy, Chennai – 600 032.

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Mr. S. Selvamuthu, S/o. Mr. M. Subramanian, 11/B, Sengani Amman Koil Street, Maduvinkarai, Guindy, Chennai – 600 032.

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T.A. No. 1128 of 2023

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27.05.2025

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Mrs. Malarvizhi, W/o. T. Gokulakrishnan, New No. 9, Ranganathan Street, Ganesh Nagar, Velacherry, Chennai – 600 042

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.....Defendants

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Counsels on record / appeared:

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Counsel for Applicant : Mr. K. Radhakrishnamurthy

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Defendants were set ex-parte on 06.04.2022

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: - FINAL ORDER - :

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This original application is filed on 18.02.2020 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 defendants jointly and severally for recovery of a total sum of Rs.2,46,53,682/- (Rupees Two Crores Forty Six Lakhs Fifty Three Thousand Six Hundred and Eighty Two Only) due in respect of Vijaya SOD facility (Loan A/c No.304906211000032) together with further compound interest thereon @ 14.80% p.a., with monthly rests from the date of application till the date of realization in full from the Defendants jointly and severally and for sale of Schedule mentioned immovable property and Hypothecated asset morefully detailed in Schedule to the OA and for costs of this application.

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Originally, this Application was filed before DRT-II, Chennai, assigned

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OA No.512 of 2020, and thereafter in pursuance to the notification from

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T.A. No. 1128 of 2023

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27.05.2025

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Ministry of Finance, DFS dated 04.10.2022, OA No.512 of 2020 stood transferred to this Tribunal and renumbered as TA No.1128 of 2023.

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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 Hon’ble Tribunal.

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It is the case of the Applicant Bank that the First Defendant is a partnership concern, wherein Defendants 2 to 5 are its partners. The Defendants 2 to 5 are guarantors. The Second Defendant is also the Mortgagor.

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It is submitted by applicant bank that at the request of the First Defendant by their application dated 06.11.2016, the applicant bank has sanctioned Vijaya Secured Overdraft facility of Rs. 50 lakhs on 11.11.2010 against the property for their construction business purpose under the scheme of VSOD. The First Defendant had availed the same on 11.11.2010 and the Defendants 2 to 5 have jointly executed all the loan and security documents on behalf of the First Defendant on 11.11.2010 as follows:

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a) Demand Promissory Note for Rs.50 lakhs agreeing to repay the same with interest at 12.50% per annum with monthly rests or rests at such rates and rests as may be revised by the Bank

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on the own or as per instructions from the RBI from time to time.

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b) Letter of repayment

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c) Letter of undertaking

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d) Letter of undertaking for EM.

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e) Loan agreement cum hypothecation deed for priority sector advances

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It is further submitted by applicant bank that for the above facility availed by the first Defendant, the Defendants 2 to 5 have separately executed the Letters of Guarantee on 11.11.2010 for Rs. 50 lakhs guaranteeing the due repayment of the amount payable by the First Defendant with further interest and costs.

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The Applicant submitted that the 2^nd Defendant had called at the Applicant’s Branch at Chennai on 11.11.2010 and deposited with the Applicant Bank the original Title Deeds relating to his property at Chennai morefully described in the Schedule ‘B’ hereunder with an intent to create an Equitable Mortgage thereon and as security for the due repayment of the advances made to the First Defendant with interest and costs.

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The above mortgaged property has also been registered before the S.R.O. Velachery on 11.11.2010 vide Registered Document No.5462 of 2010 by way of Memorandum of deposit of title deeds.

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The applicant further submitted that at the request of the First Defendant by their application dated 12.07.2011, requesting the applicant for enhancing the SOD facility from Rs. 50 lakhs to Rs. 85 lakhs against the property.

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The applicant bank by its sanction letter has sanctioned the above facility of Rs. 85 lakhs on 24.11.2011 for their construction business purpose under the scheme of Vijaya SOD. The First Defendant has availed the same loan of Rs. 85 lakhs on 25.11.2011 and the Defendants 2 to 5 have jointly executed all the loan and security documents on behalf of the First Defendant on 25.11.2011:

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a) Demand Promissory Note for Rs.85 lakhs agreeing to repay the same with interest at 14.65% per annum with monthly rests or rests at such rates and rests as may be revised by the Bank on the own or as per instructions from the RBI from time to time.

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b) Letter of repayment

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c) Loan agreement cum hypothecation deed for priority sector advances

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For the above facilities availed by the first Defendant, the Defendants

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2 to 5 have separately executed the Letters of Guarantee on 25.11.2012

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for Rs. 85 lakhs guaranteeing the due repayment of the amount payable by the First Defendant with further interest and costs.

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The applicant further submitted that the First Defendant requested the applicant for conversation of SOD facility into a Cash Credit facility and at the request of the First Defendant by their application dated 29.12.2012, the applicant bank has sanctioned the enhanced Cash Credit facility against hypothecation of stocks etc. from Rs. 85 lakhs to Rs. 1.35 crores on 18.02.2013 for their construction business purpose.

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It is submitted by applicant bank that the First Defendant has availed the loan of Rs. 1.35 lakhs on 18.02.2013 and the Defendants 2 to 5 have jointly executed all loan and security documents on behalf of the First Defendant on 18.02.2013:

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a) Demand Promissory Note for Rs.1.35 lakhs agreeing to repay the same with interest at 14.95% per annum with monthly rests or rests at such rates and rests as may be revised by the Bank on the own or as per instructions from the RBI from time to time.

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b) Letter of repayment

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c) Agreement for demand cash credit against hypothecation of stock and book debts.

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d) Hypothecation agreement

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For the above facilities availed by the first Defendant, the Defendants

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2 to 5 have separately executed the Letters of Guarantee on 18.02.2013 for Rs. 1.35 lakhs guaranteeing the due repayment of the amount payable by the First Defendant with further interest and costs.

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The Applicant submitted that the Second Defendant also executed an extension of mortgage on 28.11.2013 wherein he extended the earlier mortgage created on 11.11.2010 for further additional / enhanced facilities.

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The above mortgaged properties have been also registered before the S.R.O. Velachery on 12.03.2013 vide Registered Document No.2206 of 2013 by way of Memorandum of deposit of title deeds for additional / enhanced facilities.

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The applicant further submitted that the first Defendant requested the applicant bank for enhanced of Cash Credit facility from Rs. 1.35 crores to Rs. 2 crores for their construction business as working capital by their application dated 18.11.2013.

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Considering the said request, the applicant bank sanctioned Cash Credit facility against hypothecation of stocks; book debts and receivables of Rs. 2 Crores on 28.11.2013. The First Defendant had availed the loan of Rs.2 crores on 28.11.2013 and the Defendants 2 to 5 have jointly executed

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all the loan and security documents on behalf of the First Defendant on 28.11.2013:

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a) Demand Promissory Note for Rs.2 crores agreeing to repay the same with interest at 13% per annum with monthly rests or rests at such rates and rests as may be revised by the Bank on the own or as per instructions from the RBI from time to time.

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b) Letter of repayment

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c) Partner’s liability letter

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d) Agreement for demand cash credit against hypothecation of stock and book debts.

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For the above facilities availed by the first Defendant, the Defendants 2 to 5 have separately executed Letters of Guarantee on 28.11.2013 for Rs.

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2 crores guaranteeing the due repayment of the amount payable by the First Defendant with further interest and costs.

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The applicant further submits that at the request of the First Defendant, the applicant bank has renewed the sanction limit of cash credit facility against hypothecation of stocks; book debts and receivables of Rs. 2 Crores on 20.03.2015 for their construction business purpose under the scheme of cash credit facility. The First Defendant has availed the same loan of Rs. 2 crores on 20.03.2015 and the Defendants 2 to 5 have jointly executed all the loan and security documents on behalf of the First Defendant on 20.03.2015.

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a) Demand Promissory Note for Rs.2 crores agreeing to repay the same with interest at 13.05% per annum with monthly rests or rests at such rates and rests as may be revised by the Bank on the own or as per instructions from the RBI from time to time.

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b) Letter of repayment

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c) Agreement for demand cash credit against hypothecation of stock and book debts.

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For the above facilities availed by the first Defendant, the Defendants 2 to 5 have separately executed Letters of Guarantee on 20.03.2015 for Rs. 2 crores guaranteeing the due repayment of the amount payable by the First Defendant with further interest and costs.

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The above mortgaged property has been also registered before the S.R.O. Velachery on 07.01.2014 vide Registered Document No. 1224 of 2014 by way of Memorandum of deposit of title deeds for additional / enhanced facilities.

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The applicant further submitted that at the request of the First Defendant, the applicant bank has renewed the sanction cash credit facility against hypothecation of stocks; book debts and receivables of Rs. 2 Crores on 29.09.2016 for their construction business purpose. The Applicant has renewed the same on 29.09.2016. The First Defendant has availed the same

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loan of Rs. 2 crores on 29.09.2016 and the Defendants 2 to 4 have jointly executed all the loan and security documents on behalf of the First Defendant on 29.09.2016.

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a) Demand Promissory Note for Rs.2 crores agreeing to repay the same with interest at 13.45% per annum with monthly rests or rests at such rates and rests as may be revised by the Bank on the own or as per instructions from the RBI from time to time.

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b) Letter of repayment

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c) Agreement for demand cash credit against hypothecation of stock and book debts.

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For the above facilities availed by the first Defendant, the Defendants 2 to 4 have separately executed the letters of Guarantee on 29.09.2016 for Rs. 2 Crores guaranteeing the due repayment of the amount payable by the First Defendant with further interest and costs. On 03.06.2017 the Defendants executed an AOD wherein they acknowledged their liabilities.

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It is submitted by Applicant Bank that after availing the said facility, the defendants deliberately failed to repay the loan amount availed inspite of repeated demands and reminders by Applicant Bank. As defendants miserably failed to make repayments in the aforesaid loan account, the applicant bank classified the aforesaid loan account as NPA (Non-Performing Assets) on 31.12.2018, as per the guidelines issued by the RBI but they

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had failed to do so. On 07.01.2019 and 27.03.2019 when the applicant issued notices under 13(2) and 13 (4) of SARFAESI Act to the Defendants demanding the Defendants to repay the loan and the said Defendants have not bothered to repay the outstanding amount. Hence, this Original Application (OA) has been filed to recover the dues from the defendants.

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After the filing of the OA, Summons were sent to Defendants 1 to 5 through Registered Post with Acknowledgement due, which was duly served. When OA was taken up on 06.04.2022 even after giving sufficient time, there was no appearance or representation from the defendants. Hence, defendants were placed ex-parte on 06.04.2022.

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Heard the submissions of Applicant Bank and perused the records.

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To prove the case of the Applicant Bank, Mr. P. TamilMani, Chief Manager / Constituted Attorney 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-65 . As the defendants 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 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 :

The OA is allowed with costs,

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(a) The applicant bank is allowed to recover from the Defendants, jointly and severally a total sum of Rs.2,46,53,682/(Rupees Two Crore Forty Six Lakhs Fifty Three Thousand Six Hundred and Eighty Two Only) due in respect of Vijaya SOD facility Loan (A/c No.304906211000032) together with subsequent interest thereon @ 14.80% p.a., 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 defendants to pay the aforesaid amount, the bank is at liberty to recover the amount by sale of the Schedule A mentioned Hypothecated Asset and Schedule B mentioned immovable property morefully detailed in the OA;

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(c) Schedule A and B mentioned Hypothecated Asset and immovable property morefully described in the OA shall be appended to this final order;

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(d) If the sale proceeds of the schedule mentioned mortgaged properties are not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the Defendants 2 to 5 (both movable and immovable) to recover the balance dues as required under law; for which the

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Defendants 2 to 5 to disclose to the Tribunal particulars of other properties or assets owned by the Defendants 2 to 5;

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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 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 prepare Recovery Certificate for the amount to be paid by defendants to the applicant bank.

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(f) The applicant bank shall file memo of costs within ten days from the date of this final order.

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(g) Recovery Certificate shall be drawn up and issued to the 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 (Sudhakar), transcribed by him, corrected, signed and pronounced by me on this the 27^th day of May, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Mr. P. TamilMani, Chief Manager / Constituted Attorney of 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.	Loan Application by 1^stDefendant dated 06.11.2020	A-1
2.	DPN for Rs.50 lakhs by 1^stDefendant dated 11.11.2010	A-2
3.	Letter of repayment by 1^stDeft. dated 11.11.2010	A-3
4.	Letter of undertaking by 1^stDeft. dated 11.11.2010	A-4
5.	Letter of undertaking EM by 1^stDeft. dated 11.11.2010	A-5
6.	Loan agreement cum hypothecation Deed by 1^st Deft. dated 11.11.2010	A-6
7.	Letter of guarantee by 2^ndDeft. dated 11.11.2010	A-7
8.	Letter of guarantee by 3^rdDeft. dated 11.11.2010	A-8
9.	Letter of guarantee by 4^thDeft. dated 11.11.2010	A-9
10.	Letter of guarantee by 5^thDeft. dated 11.11.2010	A-10
11.	Regd. MOD by 2^ndDeft. dated 11.11.2010	A-11
12.	Loan application by 1^stDeft. Dated 12.07.2011	A-12
13.	Sanction letter by applt. Dated 24.11.2011	A-13
14.	DPN for Rs. 85 lakhs by 1^stDeft. Dated 25.11.2011	A-14
15.	Letter of repayment by 1^stDeft. Dated 25.11.2011	A-15

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16.	Loan agreement cum hypothecation Deed by 1^st Deft. Dated 25.11.2011	A-16
17.	Letter of guarantee by 2^ndDeft. Dated 25.11.2011	A-17
18.	Letter of guarantee by 3^rdDeft. Dated 25.11.2011	A-18
19.	Letter of guarantee by 4^thDeft. Dated 25.11.2011	A-19
20.	Letter of guarantee by 5^thDeft. Dated 25.11.2011	A-20
21.	Loan application by 1^stDeft. Dated 29.12.2013	A-21
22.	Sanction letter by applt. Dated 18.02.2013	A-22
23.	DPN for Rs. 1.35crores by 1^stDeft. Dated 18.02.2013	A-23
24.	Letter of repayment by 1^stDeft. Dated 18.02.2013	A-24
25.	Loan agreement cum hypothecation Deed by 1^stDeft. Dated 18.02.2013	A-25
26.	Hypothecation agreement by 1^stDeft. Dated 18.02.2013	A-26
27.	Letter of guarantee by 2^ndDeft. Dated 18.02.2013	A-27
28.	Letter of guarantee by 3^rdDeft. Dated 18.02.2013	A-28
29.	Letter of guarantee by 4^thDeft. Dated 18.02.2013	A-29
30.	Letter of guarantee by 5^thDeft. Dated 18.02.2013	A-30
31.	Extension of EM dated 31.11.2013	A-31
32.	MOD by 2^ndDeft. Dated 12.03.2013	A-32

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33.	Loan application by 1^stDeft. Dated 18.11.2013	A-33
34.	Sanction letter by applt. Dated 28.11.2013	A-34
35.	DPN for Rs. 2 crores by 1^stDeft. Dated 28.11.2013	A-35
36.	Letter of repayment by 1^stDeft. Dated 28.11.2013	A-36
37.	Partner’s liability letter by Defts. Dated 28.11.2013	A-37
38.	Agreement for demand cash credit against Hypothecation book debts by 1^stDeft. Dated 28.11.2013	A-38
39.	Letter of guarantee by 2^ndDeft. Dated 28.11.2013	A-39
40.	Letter of guarantee by 3^rdDeft. Dated 28.11.2013	A-40
41.	Letter of guarantee by 4^thDeft. Dated 28.11.2013	A-41
42.	Letter of guarantee by 5^thDeft. Dated 28.11.2013	A-42
43.	DPN for Rs. 2 crores by 1^stDeft. Dated 20.03.2015	A-43
44.	Letter of repayment by 1^stDeft. Dated 20.03.2015	A-44
45.	Agreement for demand cash credit against Hypothecation book debts by 1^stDeft. Dated 20.03.2015	A-45
46.	Letter of guarantee by 2^ndDeft. Dated 20.03.2015	A-46
47.	Letter of guarantee by 3^rdDeft. Dated 20.03.2015	A-47

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48.	Letter of guarantee by 4^thDeft. Dated 20.03.2015	A-48
49.	Letter of guarantee by 5^thDeft. Dated 20.03.2015	A-49
50.	MOD by 2^ndDeft. Dated 07.01.2014	A-50
51.	Sanction letter by applt. Dated 29.09.2016	A-51
52.	DPN for Rs. 2 crores by 1^stDeft. Dated 29.09.2016	A-52
53.	Letter of repayment by 1^stDeft. Dated 29.09.2016	A-53
54.	Agreement for demand cash credit Against Hypothecation book debts by 1^stDeft. Dated 29.09.2016	A-54
55.	Letter of guarantee by 2^ndDeft. Dated 29.09.2016	A-55
56.	Letter of guarantee by 3^rdDeft. Dated 29.09.2016	A-56
57.	Letter of guarantee by 4^thDeft. Dated 29.09.2016	A-57
58.	Acknowledgment of liability by 1^stDeft. dated 03.06.2017	A-58
59.	13(2) SARFAESI notice by applt dated 07.01.2019	A-59
60.	13(4) SARFAESI notice by applt dated 27.03.2019	A-60
61.	Application filed by applicant before CMM Chennai	A-61
62.	Proof Affidavit filed by the Aplt.	A-62
63.	Gazette of India (Banks amalgamated) dated 02.01.2019	A-63

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64.	Certified statement of accounts	A-64
65.	Deposit of Title Deeds by the 2^ndDefendant Settlement Deed by M. Subramaniam in favour of S. Ravichandran Doc No. 4306/2010 dated 03.09.2010.	A-65

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Witness Examined for the Defendants: -Nil-

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List of Documents Exhibited for the Defendants: -Nil –

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SCHEDULE OF PROPRETIRES

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SCHEDULE “A”

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I. All the hypothecated stocks of raw materials, constructions materials are lying at the 1^st Defendant premises ie. 13/11, Sengani Amman Koil Street, Maduvinkarai, Guindy, Chennai – 600032, are to be stored or in transit or wherever found.

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II. All the Book debts and receivables.

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SCHEDULE “B”

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All that piece and parcel of the land admeasuring 3600 sq.ft., out of 5050 sq.ft. bearing Plot No. 11, Sengalani Amman Koil Street, (Pillayar Koil Street), Maduvankarai comprised in T.S. No. 41, Block No. 7, Old Survey No. 101, in Village No. 137, Velacherry Village, Mambalam – Guindy Taluk and bounded on the

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North by : Survey No. 99 & Samathi Garden, (presenting Syndicate enclave) South by : Plot No. 11A & Plot No. 11E and 3 ½ for common passage East by : Sengalani Amman Koil Street,

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West by : Property retained by Mr. M. Subramaniam

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Measuring South to North an Eastern side 37 feet; South to North on Western side 35 feet 6 inches; East to West on Northern side 100 feet 6 inches; East to West on Southern side 100 feet 6 inches.

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Situated within the Sub Registration District of Velachery and Registration District of Chennai South.

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

Bank of Baroda v. Ms Selvi Construction Company

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Ms Selvi Construction Company

Case brief

What is this about?

What did the court decide?

What the court decided

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