The Tribunal allowed a transfer application filed by a bank to recover a housing loan deficiency of approximately Rs. 34.81 lakhs after granting ex-parte status to non-appearing defendants, directing issuance of a recovery certificate.
Recovery of Rs. 34,81,574.46 with interest; issuance of recovery certificate; liberty to sell personal assets for balance dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
T.A. No. 301 of 2023
03.10.2025
1
IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 03rd day of October, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
TRANSFERRED APPLICATION No. 301 of 2023
(Originally filed before DRT- II, Chennai as OA 165/2020 and thereafter transferred to this Tribunal and renumbered as TA No 301 of 2023)
State Bank of India ARM Branch Chennai 44, 1st Floor, Eldams Road, Teynampet, Chennai – 600 018 IFSC Code: SBIN0070674 Rep. by its Chief Manager …Applicant
-Vs-
Also at
Mrs. S. Sucharithra W/o Mr. V. Anand, Flat No.GA, Ground Floor, westwood Lily, Plot No.1546-B, 13th main road, Ram Nagar South, Madipakkam, Chennai – 600 091.
And also at
Mrs. S. Sucharithra W/o Mr. V. Anand, Ms. Harley Street Medical Park, Tidle Bio Park, 4th Floor, Taramani, Chennai – 600 013.
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Also at
Mr. V. Anand, S/o Mr. Viswanathan Flat No.GA, Ground Floor, westwood Lily, Plot No.1546-B, 13th main road, Ram Nagar South, Madipakkam, Chennai – 600 091.
And also at
Mr. V. Anand, S/o Mr. Viswanathan Ms. Infotech Star Solutions, 3rd Floor, Electrical Centre, 33, Usman Road, T. Nagar, Chennai – 600 017. …Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s. E. Kumar
Defendants 1 and 2 were set ex-parte on 06.01.2022
: - 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 defendants 1 to 2, jointly and severally for recovery of a total sum of Rs.34,81,574.46p (Rupees Thirty Four Lakhs Eighty One Thousand Five Hundred and Seventy Four and Forty Six Paisa
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only) due in respect of Housing Loan (Account No.31504788599) repayable together with further interest @10.80% p.a. compounded with monthly rests and penal interest @ 2% p.a. from the date of Application till the date of realization in full, for sale of immovable property morefully detailed in schedule to the OA and for costs of this OA.
Brief Facts of the case:
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clearance on the title of the property to be mortgaged in the form of legal opinion had decided to sanction the loan to defendants.
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and Mrs. S. Sucharithra
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Applicant Bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 06.01.2022 even after giving sufficient time, there was no appearance or representation from the defendants. Hence, Defendants 1 and 2 were placed ex-parte on 06.01.2022.
Heard the submissions of Applicant Bank and perused the
record s.
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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 Defendants jointly and severally, a total sum of Rs.34,81,574.46p (Rupees Thirty Four Lakhs Eighty One Thousand Five Hundred and Seventy Four and Forty Six Paisa only) due in respect of Housing Loan (Account No.31504788599) repayable together with further interest @10.80% p.a. compounded with monthly rests and penal interest @ 2% p.a. from the date of Application till the date of realization in full along with costs of this application.
(b) A sum of Rs.19,98,000/- realized by way of sale of mortgaged property under SARFAESI Act is directed to be given credit to the borrower’s loan account as on the date of realization.
(c) If the sale proceeds are not sufficient to satisfy the dues of the applicant bank, the applicant bank is at liberty to sell the personal assets of the Defendants (both movable and immovable) to recover the balance dues as required under law for which the Defendants to disclose to the Tribunal particulars of other properties or assets owned by the Defendants.
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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 TA, enabling the Registry to prepare Recovery Certificate for the amount to be paid by Defendants to the applicant bank.
from the date of receipt of this final order.
(f) 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
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Sh. B. Selva Murugesh, Assistant Manager of the Applicant Bank
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Exhibits on the part of the Applicant:
| Sl. No. |
Description of Documents | Exhibit No. |
|---|---|---|
| 1. | Arrangement Letter for Housing Finance issued by the Applicant dated 13.11.2010 |
A-1 |
| 2. | Memorandum of Loan Agreement for Home Loan granted to Public in favour of the Applicant bank dated 22.11.2010 |
A-2 |
| 3. | Agreement of Mortgage dated 22.11.2010 | A-3 |
| 4. | Affidavit dated 22.11.2010 | A-4 |
| 5. | Deed of Undertaking dated 22.11.2010 | A-5 |
| 6. | Precondition letter dated 22.11.2010 | A-6 |
| 7. | Statement of Accounts | A-7 |
Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
2 issues framed by the court
Whether the Debts Recovery Tribunal has jurisdiction to pass final order for recovery of dues under Section 19 of RDB Act.
Whether the Tribunal can allow the transfer application despite the defendants being absent.
2 provisions across 1 enactments
State Bank of India
Sushi
Mr. V. Anand
Smt. S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
