The Tribunal allowed an application filed by State Bank of India under Section 19 of the RDB Act for recovery of Rs. 51,05,306/- as home loan dues from the defendant, ordering recovery jointly and severally with liberty to sell scheduled and personal assets.
Recovery of Rs. 51,05,306/- with interest and costs; liberty to sell scheduled and personal assets.
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T.A. No. 1390 of 2023
11.06.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 11th day of June, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
TRANSFERRED APPLICATION No. 1390 of 2023
(Originally filed before DRT- II, Chennai as OA 117/2020 and thereafter transferred to this Tribunal and renumbered as TA No 1390 of 2023)
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
-Vs-
Mr. C. Sivasubramanian, S/o Mr. Chandrasekaran, Residing at, No.AF2, Shas Mother Villa, 12th Street, Annai Theresa Nagar, Madipakkam, Chennai 600 091. …Defendant
Counsels on record / appeared:
Counsel for Applicant : M/s. M. Suresh
Defendant was set ex-parte on 26.05.2022
: - FINAL ORDER - :
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.51,05,306/-
(Rupees Fifty One Lakhs Five Thousand Three Hundred and Six
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Only) due in respect of Home Loan (Account No.37686767350) repayable together with interest @ 9% p.a. with monthly rests from the date of filing the OA, till the date of realization in full, for sale of scheduled mentioned property morefully detailed in Schedule to the OA, and for costs of this Application.
Brief Facts of the case:
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04.05.2018. The defendant had executed a confirmation letter dated 10.05.2018.
a) Sanction Letter dated 30.04.2018
b) Arrangement Letter dated 30.04.2018
c) Memorandum of Loan Agreement for Home Loan granted to Public dated 04.05.2018
d) Agreement of Mortgage dated 04.05.2018
e) Confirmation Letter dated 10.05.2018
repay the loan amount together with interest as per the terms and conditions of the Arrangement Letter dated 30.04.2018.
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and principal due under the “Housing Loan” account, it was classified as Non-performing Asset on 30.04.2019 as per RBI guidelines. The applicant bank has sent Demand Notice to the defendant to repay the Housing Loan amount together with accumulated interest but evoked no response from defendant. Hence the present Original Application (OA) has been filed for recovery of amount due from defendant.
Heard the submissions of Applicant Bank and perused the records.
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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:
: O R D E R :
(a) The applicant bank is allowed to recover from the Defendant jointly and severally, a sum of Rs.51,05,306/- (Rupees Fifty One Lakh Five Thousand Three Hundred and Six Only) due in respect of Home Loan (Account No.37686767350) repayable together with interest @ 9% p.a. with monthly rests from the date of filing the OA, till the date of realization in full along with costs.
(d) If the sale proceeds of the immovable property 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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OA amount together with interest, costs etc., to be paid by the Defendants 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.
the date of receipt of this final order.
(g) Recovery Certificate shall be drawn up and issued to the Recovery Officer in terms of the final order.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to Steno (Suriya), transcribed by him, corrected, signed and pronounced by me on this the 11th day of June, 2025)
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Mr. Saket Kumar, Manager representing the Applicant Bank
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Exhibits on the part of the Applicant:
| Sl. No. |
Description of Documents | Exhibit No. |
|---|---|---|
| 1. | Sanction Letter dated 30.04.2018. | A-1 |
| 2. | Arrangement Letter dated 30.04.2018. | A-2 |
| 3. | Memorandum of Loan Agreement for Home Loan granted to public dated 04.05.2018. |
A-3 |
| 4. | Agreement of Mortgage dated 04.05.2018. | A-4 |
| 5. | Confirmation Letter dated 10.05.2018. | A-5 |
| 6. | Agreement of Sale dated 28.03.2018. | A-6 |
| 7. | Builders Agreement (Doc. No.1599/2018) dated 28.03.2018. |
A-7 |
| 8. | Sale Deed executed by M/s Engineers Estates (Madras) Private Limited infavour of Sivasubramanian (Doc.No.1600/2018) dated 09.05.2018. |
A-8 |
| 9. | 13(2) Notice and Returned cover dated 06.05.2019. | A-9 |
| 10. | Statement of Account and Certificate Under Banker’s Book Evidence Act, 1891 dated 11.05.2018 to 11.12.2019. |
A-10 |
| 11. | Authorization Circular. | A-11 |
Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
:- SCHEDULE OF PROPERTY -:
(SCHEDULE-A)
All that piece and parcel of the vacant land in S.No.’s 57/2A1 (part) 57/2B, 57/3B2, 57/3B1A (part), 57/2C(part) measuring the total extent of 2.91 Acres in Umayalparancheri Village, Valayankaranai Panchayat, Kundrathur Union, Sriperumbudur Taluk, Kancheepuram District.
(SCHEDULE-B)
All that piece and parcel of the vacant land bearing Plot No.8, comprised S.No’s 57/3B1A, New No.57/3B1A1A1 as per patta No.765 measuring the
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extent of 1800 square feet in “PARK CITY” Phase-II Lay out vied Approval No: LP/DTCP (CR) No.308/2010 Umayalaparancheri Village, Valayankaranai Panchayat, Kundrathur Union, Sriperumbudur Taluk, Kancheepuram District.
Bounded on:
North by: Plot No.9, South by: Plot No.7, East by: 30 feet wide road, west by: Plot No.17 and having the following linear measurement.
East to West on the Northern side: 60’0” East to West on the Southern Side:60’0” North to South on the Eastern side: 30’0” North to South on the Western side: 30’0”
This property is within the Sub Registration office of Sunguvarchatiram and Registration District of Chengalpattu.
(SCHEDULE-C)
The property situated at Duplex Plot No.8 Padappai, Umaiyalpar, Chennai 603 901.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
2 issues framed by the court
Whether the application filed under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993 for recovery of home loan dues is maintainable.
Whether the recovery claim can be allowed in the absence of the defendant's appearance due to ex-parte proceedings.
1 provisions across 1 enactments
State Bank of India Retail Assets Central Processing Centre
Mr. C. Sivasubramanian
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
