Allowed

Bank of Baroda v. Samuel Jabakumar

DRT6 Nov 2025TA/192/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the Original Application filed by Bank of Baroda for recovery of a housing loan amount of Rs.45,26,283.56 along with interest and costs. The court made the attachment order absolute and permitted sale of the immovable property.

What did the court decide?

Recovery of principal sum Rs.45,26,283.56 with interest; conditional attachment of properties made absolute; liberty to sell property for recovery.

Bank of Baroda versus Samuel Jabakumar — Banking and Recovery | DRT (2025)

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T.A. No. 192 of 2023

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06.11.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 06^th day of November, 2025

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Present: SMT. S.V. GOWRAMMA

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Presiding Officer

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TRANSFERRED APPLICATION No. 192 of 2023

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(Originally filed before DRT- II, Chennai as OA 160/2022 and thereafter transferred to this Tribunal and renumbered as TA No 192 of 2023)

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Bank of Baroda, T. Nagar Branch, No. 74, Theagaraya Road, T. Nagar, Chennai – 600 017. Rep. by its Asst. General Manager.

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….Applicant

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-Vs-

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Mr. Samuel Jabakumar, S/o. Sampathkumar, Kaviarasu Kannadasan Nagar, Kodungaiyur, Chennai – 600 118. …. Defendant

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Counsels on record / appeared:

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Counsel for Applicant : M/s. S. Vaidyanathan Defendant was set ex-parte on 09.02.2024

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: - FINAL ORDER - :

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This Original Application is filed on 04.03.2022 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.45,26,283.56p (Rupees Forty Five Lakhs Twenty Six Thousand

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Two Hundred and Eighty Three and Fifty Six Paise only) due in respect of Housing Loan (Account No. 05320600003952) repayable

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T.A. No. 192 of 2023

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06.11.2025

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together with further interest @ 7.15% p.a. with monthly rests plus penal interest of 2% p.a. simple from the date of Application till the date of realization in full, for sale of immovable property morefully detailed in the schedule to the OA and for costs of this Original Application.

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Originally, this Application was filed before DRT-II, Chennai, assigned OA No. 160 of 2022, and thereafter in pursuance to the notification from Ministry of Finance, DFS dated 04.10.2022, OA No.160 of 2022 stood transferred to this Tribunal and renumbered as TA No. 192 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 Tribunal.

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It is the case of the Applicant Bank that the 1^st Defendant had approached the applicant bank and vide Application dated 04.03.2021 applied for a Housing Loan of Rs.46,40,000/- for purchase of Flat no.BF2 and BF3 on the 1^st Floor of the building constructed at Old Sy.no.216/1, Re Survey no.216/2, Sub Divided Survey no.216/2E, Kattupakkam Village, Poonamallee Taluk, Thiruvallur District.

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It is submitted that the Applicant Bank, after due verification, had sanctioned the Housing Loan of Rs.46,40,000/- vide Sanction letter No.

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T.A. No. 192 of 2023

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06.11.2025

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RETAIL-00000842609-LMS dated 12/05/2021, the terms and conditions of which were acknowledged by the Defendant.

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The Applicant bank submits that the Defendant had initially applied for purchase of two Flats BF2 and BF3 but had later vide his e-mail dated 04.05.2021 informed the Applicant Bank that he was clubbing both the Flats as he wanted a bigger Three Bed Room Flat and this was agreed to by the Bank.

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It is submitted by the Applicant Bank that the Defendant had executed the following Loan Security documents acknowledging his liability for the loan sanctioned by the Applicant and agreeing to repay it in 360 Equated monthly instalments of Rs.30,731/- each with interest @ 7.15 per annum, from 10.08.2021 to be reset as per the Bank norms from time to time:

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i. Loan Agreement for Individual Housing Loans dated 29/06/2021 ii. Letter of Instalment with Acceleration Clause dated 29/06/2021

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iii. Declaration cum Undertaking cum Authority dated 29/06/2021

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The Applicant Bank had disbursed the amount as requested by the Defendant on 29.06.2021.

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It is submitted that the defendant in the Construction Agreement dated 05.03.2021 submitted to the Bank mentioning Flat no.BF2 and BF3 totally measuring 1125 sq.ft which was financed by the Bank. However he had registered the Construction Agreement for the Flat no.BF2 only,

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T.A. No. 192 of 2023

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06.11.2025

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measuring 1125 sq.ft vide Doc.no. 11855/2021 and UDS of 393 sq.ft in land, vide sale deed Doc.no. 11856/2021 dated 12/07/2021 and not Flat no.BF2 and BF3 as proposed by the him in the original Construction agreement submitted to the Applicant.

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The applicant bank submits that on the same day i.e. 12.07.2021, the Defendant had deposited the original Sale Deed and Construction Agreement with the Applicant Bank, and also executed a Memorandum of Deposit of Title deeds registered as Doc.no.11857/2021 with SRO, Kundrathur, confirming the mortgage of the Schedule mentioned property in favour of the Applicant Bank.

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It is further submitted by the applicant bank that after availing the Credit facilities, the defendant did not honour the terms and conditions of repayment and did not repay the instalments as agreed. It has now come to light that the Defendant has also mortgaged the same two Flats in favour of REPCO Home Finance Ltd. and therefore in effect has cheated the Applicant, by not creating exclusive security over the two flats BF2 and BF3(clubbed together), for which he had availed loan from the bank. The Defendant has also executed a Memorandum of Deposit of Title Deeds dated 12/07/2021 registered as Doc. No. 11840/2021, creating security of the same property in favour of M/s REPCO Home Finance Ltd., which he has purchased through another Construction Agreement dated 12/07/2021 registered as Doc. No. 11838/2021 and Sale Seed of date registered as Doc.no. 11839/2021. Though in the Sale Deed and

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T.A. No. 192 of 2023

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06.11.2025

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Construction Agreement, the Flat mortgaged to REPCO Home Finance Ltd. is purportedly Flat no.BF3, it is clear from the construction at site, that there could not have been Flat No. BF2 measuring 1125 sq.ft mortgaged to the Applicant Bank, and another Flat no.BF3 measuring 1110 sq.ft which is mortgaged to M/s REPCO Home Finance.

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Since the security was not created as agreed, and this was in violation of the terms of sanction of the Housing Loan, the Applicant bank had to classify the loan account as Non-Performing Asset (NPA) on 30.09.2021 as per the RBI norms. Though the Defendant had paid some amount and regularized the account in January, 2022, the Applicant had to recall the Loan account vide notice dated 11.02.2022, due to the infirmity in the security and since the same Flat appeared to have been mortgaged to another lender as well, and hence the entire due amount is payable by the Defendant. Hence the present Original Application (OA) has been filed by the applicant bank for recovery of its dues from the defendants.

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After the filing of the OA, summons was sent to the sole defendant through Registered Post with Acknowledgment Due, which was duly served. Although defendant entered appearance through his counsel, who had undertaken to file vakalat, did not do so despite availing two adjournments. When OA was taken up on 09.02.2024 even after giving sufficient time, there was no appearance or representation from the defendant. Hence, defendant was placed ex-parte on 09.02.2024.

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T.A. No. 192 of 2023

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06.11.2025

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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, Sh. Sangram GP Behera, Chief 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-20 . 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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During the pendency of OA, applicant bank had filed IA No.1918/2025 praying for an order of attachment of the schedule mentioned property belonging to the defendant. This said was allowed vide order dated 28.08.2025.

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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 :

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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 for recovery of a total sum of Rs.45,26,283.56p (Rupees Forty Five Lakhs Twenty Six Thousand Two Hundred and Eighty Three

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T.A. No. 192 of 2023

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06.11.2025

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respect of Housing Loan (Account No. 05320600003952) repayable together with further interest @ 7.15% p.a. with monthly rests plus penal interest of 2% p.a. simple from the date of Application till the date of realization in full, along with costs of this application.

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(b) Conditional attachment order made in IA No.1918/25 is made absolute, as second charge of the applicant bank in respect of Item No.1 of IA schedule mentioned property belonging to respondent, as the Encumbrance Certificate produced by the applicant bank reflects the charge of M/s Axis Financials Limited vide MOD Doc No.480/2021 dated 22.01.2021 with SRO, Thiruvaottiyur and as second charge of the applicant bank in respect of Item No.2 of IA schedule mentioned property belonging to respondent as the Encumbrance Certificate produced by the applicant bank reflects the charge of State Bank of India vide MOD Doc No.10534/2021 dated 15.09.2021 with SRO, Jt. II, Chengalpattu.

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(c) 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 mentioned immovable property morefully detailed in the OA schedule.

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(d) Schedule mentioned immovable property shall be appended to this final order.

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T.A. No. 192 of 2023

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06.11.2025

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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 from the date of receipt 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 (Ponmalar), transcribed by her, corrected, signed and pronounced by me on this the 06^th day of November, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Sh. Sangram GP Behera, Chief Manager of the Applicant Bank

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Exhibits on the part of the Applicant:

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Sl. No.	Date	Description of Documents	Exhibit
			No.
1.	04.03.2021	Application for Housing Loan	A-1

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T.A. No. 192 of 2023

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06.11.2025

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2.	12.05.2021	Sanction Letter	A-2
3.	04.05.2021	Email from the defendant	A-3
4.	29.06.2021	Housing Loan Agreement	A-4
5.	29.06.2021	Letter of Instalment with acceleration clause	A-5
6.	29.06.2021	Declaration cum Undertaking cum Authority	A-6
7.	29.06.2021	Undertaking	A-7
8.	--	Letter of Undertaking for post dated cheques	A-8
9.	05.03.2021	^{Construction Agreement between M/s.} AD Realty and the defendant	A-9
		Construction Agreement between M/s.
10.	12.07.2021	AD Realty and Mr. S. Samuel Jebakumar registered as Doc. No. 11855/2021	A-10
		Sale Deed executed by R. Moorthi represented by M/s. AD Realty rep. by
11.	12.07.2021	its Partner S. V. Thiyagarajan in favour of Mr. S. Samuel Jebakumar registered as Doc. No. 11856/2021	A-11
12.	12.07.2021	^{Memorandum of Entry for Deposit of} Title Deeds	A-12
13.	12.07.2021	Declaration of Mortgage by defendant	A-13
14.	06.09.2021	Confirmation of Mortgage	A-14
15.	12.07.2021	^{Memorandum of Deposit of Title Deeds} registered as Doc. No. 11857/2021	A-15
16.	06.09.2021	^{Letter from Applicant for regularisation} of loan	A-16
17.	29.10.2021	^{Letter from applicant for regularisation} the loan	A-17
18.	09.12.2021	^{Letter from defendant for restructuring} the loan	A-18
19.	11.02.2022	Letter to defendant recalling the loan	A-19
20.	--	Statement of Housing Loan A/c. No. 05320600003952	A-20

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Witness Examined for the Defendant

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List of Documents Exhibited for the Defendant : -Nil-

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: -Nil-

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T.A. No. 192 of 2023

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06.11.2025

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SCHEDULE OF THE PROPERTY

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All that piece and parcel of vacant land measuring an extent of 18 cents out of 52 cents, comprised in Old Sy. No. 216/1, Re Sy. No. 216/2, present sub divided Survey No. 216/2E as per patta No. 8018, in the name of R. Murthi (CMDA approved by Poonamallee Panchayat Union under Regularization Scheme 2017 vide Planning Permit No. 66304, dated 09.05.2018 situated at Kattupakkam Village, Poonamallee Taluk, Tiruvarur District being bounded on the:

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North by : 10 Feet common Pathway Road and belonging to R. Parthasarathy South by : Property belonging to Elappa Chettiar East by : 16 feet common pathway/road West by : ETA Star Apartments

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And situated within the Registration Sub-District of Kundrathur and Registration District of Chennai South

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Schedule “B” Property

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16.25 Cents undivided share of land in the land described in Schedule ‘A’ above.

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Schedule “C” Property

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Flat No. BF2 and BF3 super built up area of 1125 Sq.ft. in First Floor (Block-B) (inclusing of common areas, common shares and car parking) Building Block B Planning Permit No. 67534/1431/2018.

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SCHEDULE OF PROPERTY in IA No.1918/2025

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Item no.1

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All that piece and parcel of Plot no.21 measuring 1987.5 sq.ft (Southern portion ) out of 3900 sq.ft comprised in Sy.no.331/1, at Sri Vadivudayamman Nagar, Sadaiyankuppam Village, Thiruvottiyur Taluk,

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T.A. No. 192 of 2023

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06.11.2025

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Chennai District within the limits of Chennai Corporation, along with house constructed thereon and electricity connection, bounded on the :

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North By : Northern half of Plot no.21 belonging to Mr.Balakrishnan South By : Plot no.91, East By : 30 feet wide Road, West By : Plot no.20.

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Measuring North : 65 feet South : 67.5 feet East : 30 feet West : 30 feet

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Item no.2

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Schedule-A

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All that piece and parcel of land under Patta no.2072, measuring 1 Acre 94.4 cents @ Royal Town, comprised in Sy.no.434/21D, Chettipunyam Village, Chengalpet Taluk, Chengalpet District and the land bounded on the :

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North By : Forest lands in Sy.no.381 & 383 and land in Sy.no.434/1C South By : 30 feet Road and plot no.70 in Senthil Nagar East By : Panchayat Road and land in Sy.nos.434/2C & 433/1 West By : Reserve Forest and OSR Land

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Situate within the Registration Sub District & Registration District of Chengalpet

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Schedule-B

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472 sq.ft undivided share of land in the Schedule A property.

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Schedule-C

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Flat no.4, 4^th floor in Block “B” South West Wing, 2 BHK having Super Built up area of 1117 sq.ft common areas and a covered car parking @ stilt floor in the project known as “ROYAL Town” constructed on the Schedule A property.

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T.A. No. 192 of 2023

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06.11.2025

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EC No.155782556/2025 dated 07/07/2025 for the period 01/01/2017 to 02/07/2025 for Sy.no.331/1, Door no.21 part, Sri Vadivudayiyamman Nagar, measuring 1987.5 sq.ft

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Item no.1

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Entry no.	Doc.no.	Date	Nature	Seller	Purchaser
1	1980/2017	07/04/2017	Sale - Metro	V.Prabhakaran	Samuel Jabakumar
2	1981/2017	07/04/2017	Mortgage deed	Samuel Jabakumar	M/s Dewan Housing Finance Ltd.
3	479/2021	22/01/2021	Receipt	M/s Dewan Housing Finance Ltd.	Samuel Jabakumar
4	480/2021	22/01/2021	Mortgage	Samuel Jabakumar	M/s Axis Financials Ltd.

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EC No.155783439/2025 dated 05/07/2025 for the period 01/01/2021 to 02/07/2025 for UDS of 472 sq.ft Flat no.O4, 4th Floor, Royal Town, Sy.no.434/1D, Chettipunyam Village, SRO, Jt.II, Chengalpet

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Entr y no.	Doc.no.	Date	Nature	Seller	Purchaser
1	10533/202 1	15/09/202 1	Sale	J.Mohan(Principal ) POA Venkateswaran & Ravikumar	Samuel Jabakuma r
2	10534/202 1	15/09/202 1	Mortgag e	Samuel Jabakumar	State Bank of India

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

Bank of Baroda v. Samuel Jabakumar

Case brief

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Bank of Baroda v. Samuel Jabakumar

Case brief

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