Partly allowed

Bank of Baroda v. Samuel Jabakumar

DRT28 Aug 2025TA/192/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an interim application by Bank of Baroda seeking temporary attachment of respondent's properties. The court directed the respondent to furnish security within 15 days, ordering conditional attachment of two mortgaged flats as a second charge if security was not provided.

What did the court decide?

Respondent directed to show cause why security is not furnished within 15 days; conditional attachment of schedule properties ordered as second charge for failure to comply.

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

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IA No.1918/25 in TA No.192/2023

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28.08.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 28^th day of August, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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I.A. No.1918 of 2025 in T.A. 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 Assistant General Manager ….Applicant

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-Vs-

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

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Counsels on record / appeared:

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Counsel for Applicant : Sh. S. Vaidyanathan

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: - ORDER ON IA NO.1918 of 2025- :

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The Original Application is filed by the Applicant Bank against the Defendants, seeking for recovery of money due from Defendants jointly and severally to pay a sum of Rs.45,26,283.56p (Rupees Forty Five

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Lakhs Twenty Six Thousand Two Hundred and Eighty Three and

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Fifty Six Paise only) repayable together with further interest and costs.

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The Applicant has filed the present petition i.e., I.A.No.1918/2025 with affidavit of the Chief Manager, Sh. C. Baskaran of applicant bank, seeking for an order of attachment of the schedule mentioned property belonging to the respondent, pending disposal of the above OA.

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IA No.1918/25 in TA No.192/2023

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28.08.2025

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It is the case of Applicant that the respondent had availed Housing Loan of Rs.46.40 lakhs 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. The defendant had executed necessary loan and security documents in favour of applicant bank.

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The Defendant had clubbed two Flats and had mortgaged it to the applicant bank and it later came to light that the defendant had mortgaged the same two flats in favour of REPCO Home Finance Litd., and had cheated the applicant bank, by showing the same property to the two financiers and mortgaging the same property to the bank.

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It is submitted by applicant bank that subsequent to availing of loan, defendant committed default in repayment, hence the account was classified as NPA on 10.02.2022. The applicant bank recalled the loan vide notice dated 11.02.2022.

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It is further submitted that it has now come to the notice of the petitioner that the defendant has got various other properties in his name at Thiruvottiyur and Chengalpet, which need to be attached so that there is any possibility for the liability to the defendant to be recovered, as there is no tangible security in the loan account. The property at Item No.1 of the IA schedule is mortgaged to M/s Axis Financials Ltd., vide MOD dated 22.01.2021 registered as Doc No.480/2021 with SRO, Thiruvottiyur and Item No.2 is mortgaged to State Bank of India vide

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IA No.1918/25 in TA No.192/2023

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28.08.2025

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MOD dated 15.09.2021 registered as Doc. No.10534/2021 with SRO, Jr.II, Chengalpattu.

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The residual value of property at Item No.1 is about Rs.10 lakhs and estimated residual value of the property at Item No.2 is about Rs.5 lakhs and the value of the two properties would be much less than the dues outstanding from defendant to the tune of over Rs.60 lakhs. Hence the present application is filed to pass an order of attachment before judgment of the petition schedule mentioned properties, till the disposal of the OA.

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Heard the counsel for applicant bank and perused the records of produced along with the IA.

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The Applicant Bank has filed the above I.A. on the premise that respondent may alienate or dispose of or create third-party interest on the properties morefully described in the schedule to the IA.

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It is a matter of record that the OA was filed for recovery of sum of Rs.45,26,283.56p, which is a colossal sum of money. Considering the balance amount of claim involved in this case and the balance of convenience, the present IA is to be allowed by keeping open the merits of the case and without prejudice to the rights of both the parties. By doing so, no prejudice, no harm and loss will be caused to the Defendant.

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As per Section 19 (13)(A) of RDB Act,

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“ Where, at any stage of the proceedings, [the Tribunal on

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an application made by the applicant along with particulars of

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IA No.1918/25 in TA No.192/2023

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28.08.2025

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property to be attached and estimated value thereof, or otherwise is satisfied] that the defendant, with intent to obstruct or delay or frustrate the execution of any order for the recovery of debt that may be passed against him

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(i)is about to dispose of the whole or any part of his property; or

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(ii)is about to remove the whole or any part of the property from the local limits of the jurisdiction of the Tribunal; or (iii)is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest,

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the Tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the certificate for the recovery of debt, or to appear and show cause why he should not furnish security.

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(B)Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Tribunal, the Tribunal may order the attachment of the whole or such portion of the properties claimed by the applicant as the properties secured in his favour or otherwise owned by the defendant as appears sufficient to satisfy any certificate for the recovery of debt.”

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IA No.1918/25 in TA No.192/2023

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28.08.2025

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As the Applicant Bank has prima facie established the essential ingredients for granting an order of temporary injunction restraining the respondents in respect of the property mentioned in the schedule to the petition, this Tribunal proceeds to pass the following order:

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:ORDER:

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In the circumstances pleaded, respondent is hereby directed to show cause as to why he should not furnish security to the tune of OA claim within 15 days from the date of receipt of this order, failing which to attach the IA schedule mentioned property owned by the respondent to answer the OA claim herein.

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Meanwhile, conditional attachment of the petition schedule mentioned properties is ordered to secure the dues of the applicant bank, 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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IA No.1918/25 in TA No.192/2023

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28.08.2025

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The Registry is directed to communicate this Order to the Concerned Sub Registrar Office/ Village Officer for necessary action and for records.

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IA Schedule properties shall form part of this order.

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

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(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 28^th day of August, 2025)

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SCHEDULE OF PROPERTY

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

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IA No.1918/25 in TA No.192/2023

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28.08.2025

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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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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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IA No.1918/25 in TA No.192/2023

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28.08.2025

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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, 4^th Floor, Royal Town, Sy.no.434/1D, Chettipunyam Village, SRO, Jt.II, Chengalpet

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Entry	Doc.no.	Date	Nature	Seller	Purchaser
no.
1	10533/2021	15/09/2021	Sale	J.Mohan(Principal) POA Venkateswaran & Ravikumar	Samuel Jabakumar
2	10534/2021	15/09/2021	Mortgage	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

What is this about?

What did the court decide?

Bank of Baroda v. Samuel Jabakumar

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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