Allowed

Bank of India v. M/S Kn Interior Designs and Engineering Private Limited

DRT16 Jun 2025TA/338/2023

Case brief

AI extract

What is this about?

In a transfer application for debt recovery, the Debt Recovery Tribunal allowed the bank's claim for Rs. 2.55 crore against a company and its guarantors. With defendants absent, the order directed recovery via sale of mortgaged property and personal assets of guarantors.

What did the court decide?

Recovery of Rs. 2,55,68,338.58 with future interest; liberty to sell mortgaged property and personal assets of guarantors if proceeds are insufficient.

Bank of India versus M/S Kn Interior Designs and… — Execution and Attachment | DRT (2025)

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T.A. No. 338 of 2023

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16.06.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 16^th day of June, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No. 338 of 2023

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(Originally filed before DRT- II, Chennai as OA 323/2022 and thereafter transferred to this Tribunal and renumbered as TA No 338 of 2023)

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Bank of India,

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Adyar Branch,

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No. 68 & 69, Teachers Colony, Kasturibai Nagar,

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3^rd Cross Street, Adyar, Chennai – 600 020.

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Represented by its Constituted Attorney ….Applicant

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-Vs-

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M/s. KN Interior Designs and Engineering Private Limited, A Company registered under Companies Act, 1956

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Having Office at

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Plot No. 7, 1 Floor, Ram Nagar,

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8^th Main Road, Velacherry,

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Chennai – 600 042.

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Also at:-

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Basement Floor, Shiva Soundhalam, New No. 41, Old No. 17, 16^th Avenue,

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Ashok Nagar,

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Chennai – 600 083.

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Mr. Kannan Narayanan,

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S/o. Mr. Kannan,

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Residing at Plot No. 18, Andal Nagar Extension,

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Adambakkam, Chennai – 600 088.

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T.A. No. 338 of 2023

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16.06.2025

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And also at:Flat 2B, Saibala Apartment No. 18, Soundarapandiyan Road, Ashok Nagar, Chennai – 600 083.

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Mr. Narayanan Kannan, S/o. Mr. Narayanan, Residing at Plot No. 18, Andal Nagar Extension, Adambakkam, Chennai – 600 088.

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And also at:Flat 2B, Saibala Apartment No. 18, Soundarapandiyan Road, Ashok Nagar, Chennai – 600 083.

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Mrs. M.S. Subbalakshmy, W/o. Mr. Kannan, Residing at Plot No. 18, Andal Nagar Extension, Adambakkam, Chennai – 600 088.

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And also at:Flat 2B, Saibala Apartment No. 18, Soundarapandiyan Road, Ashok Nagar, Chennai – 600 083. ….. Defendants

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Counsels on record / appeared:

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Counsel for Applicant : M/s. S.R.Sudhanraj, S. Saradha

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Defendants 1 to 4 were set ex-parte on 27.09.2023

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: - FINAL ORDER - :

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This Original Application is filed on 20.11.2021 by the Applicant Bank

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under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 (formerly

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T.A. No. 338 of 2023

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16.06.2025

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Recovery of Debts Due to Banks and Financial Institutions Act, 1993) against the defendants 1 to 4, jointly and severally for recovery of a total sum of Rs.2,55,68,338.58p (Rupees Two Crores Fifty Five Lakhs

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Sixty Eight Thousand Three Hundred and Thirty Eight and Fifty Eight Paise only) as follows:

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(i) A sum of Rs.39,15,946.02p due in respect of Clean Over Draft facility (A/c No.801025110000027) together with future interest at 9.35% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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(ii) A sum of Rs.1,87,48,118.14p due in respect of Cash Credit Working Capital Facility (A/c No.801030110000069) together with future interest at 9.35% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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(iii) A sum of Rs.18,08,054.65p due in respect of Term Loan facility (CESS Loan Scheme) (A/c No.801070110000003) together with future interest at 6.85% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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(iv) A sum of Rs.10,96,219.77p due in respect of Star GECL (A/c No.801070410000057) together with future interest at

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T.A. No. 338 of 2023

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16.06.2025

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7.85% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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for sale of schedule mentioned immovable property and for costs of this Original Application.

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Originally, this Application was filed before DRT-II, Chennai, assigned OA No.323 of 2022, and thereafter in pursuance to the notification from Ministry of Finance, DFS dated 04.10.2022, OA No.323 of 2022 stood transferred to this Tribunal and renumbered as TA No.338/2023.

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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 that the 1^st defendant, M/s. KN Interior Designs and Engineering Private Limited, a Company registered under Companies Act, 1956. The defendants engaged in the business of Civil and Interior designing work. 2^nd defendant, Mr. Kannan Narayanan is the Authorized signatory of the 1^st defendant and the 2^nd defendant has mortgaged the schedule property in favour of the Applicant for the loan facilities availed by the 1^st defendant. The 2^nd , 3^rd and 4^th defendants have also guaranteed some credit facilities availed by the 1^st defendant from the

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T.A. No. 338 of 2023

16.06.2025

Applicant Bank.

The Applicant submits that the 1^st defendant represented by the 2^nd & 3^rd defendants herein has approached the Applicant for working capital overdraft facility. The Applicant Bank, after carefully considering the request of the defendants and representation made by them, sanctioned clean Over Draft facility for Rs.35,00,000/- repayable on demand vide its sanction letter dated 13.05.2011.

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To secure due repayment of the aforesaid clean over draft facility the 1^st defendant represented by the 2^nd and 3^rd defendants herein have executed the following loan documents at Adyar Branch of the Applicant Bank on 20.05.2011:

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i) Demand Promissory Note dated 20.05.2011 ii) Bearer letter dated 20.05.2011

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iii) Deed of continuing security cum declaration dated 20.05.2011 iv) Deed of Guarantee dated 20.05.2011, executed by the 2^nd and 3^rd defendants in favour of the Applicant Bank for the overdraft facility of Rs. 35,00,000/-

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v) Deed of Guarantee dated 20.05.2011, executed by the 2^nd and 3^rd defendants in favour of the Applicant Bank for the overdraft facility of Rs.35,00,000/-.

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vi) The Defendants have executed letter acknowledging debts and

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T.A. No. 338 of 2023

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16.06.2025

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securities infavour of the applicant bank for over draft facility on various dates such as 19.12.2013. 06.03.2014, 16.02.2017, 09.01.2020, 30.04.2020, 06.06.2020.

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It is submitted by applicant bank that the 2^nd Defendant had mortgaged the schedule mentioned property infavour of the Applicant bank for the credit facility availed by the 1^st Defendant, as collateral security in and by a Memorandum of Deposit of Title deeds dated 31.03.2012, registered as Doc. No. 4178/2012, SRO Selaiyur.

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The 1^st Defendant represented by 2^nd and 3^rd Defendants have submitted loan application form on 20.01.2014 for working capital facility to the Applicant Bank. The applicant bank after carefully considering the request of the defendants, sanctioned enhanced Working Capital Facility of Rs.57 lakhs altogether totaling limit of Rs. 1 crore to the 1^st defendant.

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It is submitted by the applicant bank that to secure the due repayment of aforesaid Working capital facility of Rs.1,00,00,000/- the 1^st defendant represented by all other defendants herein have executed the following loan documents at Adyar Branch of the Applicant Bank on 06.03.2014:

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i) Demand Promissory Note dated 06.03.2014; ii) Bearer dated 06.03.2014; iii) Deed continuing security cum declaration dated 06.03.2014

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T.A. No. 338 of 2023

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iv) Hypothecation cum loan agreement dated 06.03.2014 v) Deed of Guarantee dated 06.03.2014 executed by 2^nd , 3^rd and 4^th Defendants in favour of the Applicant for the cash credit (Working capital) facility availed by the 1^st Defendant.

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It is submitted by applicant bank that though the sanctioned cash credit (Working capital) facility is Rs.1,00,000/- subsequently utilized limit was reduced to Rs.93,00,000/-. The Defendants have executed letter acknowledging debts and securities in favour of the applicant bank for working capital facility on various dates such as 16.02.2017, 09.01.2020, 30.04.2020 & 06.06.2020.

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It is the further case of applicant bank that the 1^st Defendant represented by 2^nd and 3^rd Defendants on 27.08.2019 have submitted loan application form for enhancement of working capital to the Applicant Bank. The Applicant bank after carefully considering the request of the defendants and representation made by them on 30.12.2019 the Applicant sanctioned enhanced working capital facility of Rs.57,00,000/- altogether totalling limit of Rs. 1,50,00,00,000/- to the 1^st Defendant.

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To secure the due repayment of aforesaid enhanced working capital facility of Rs.57,00,000/-, the 1^st defendant rep by 2^nd and 3^rd defendants have executed the following loan documents at Adyar Branch of the Applicant Bank on 09.01.2020:

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T.A. No. 338 of 2023

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i) Demand Promissory Note dated 09.01.2020;

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ii) Bearer letter dated 09.01.2020;

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iii) Deed of continuing security cum declaration dated 09.01.2020. iv) Stamped Undertaking dated 09.01.2020

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v) Supplemental Agreement for Hypothecation/Pledge dated 09.01.2020;

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vi) Hypothecation cum loan agreement dated 09.01.2020 for Rs. 1,50,00,000/-

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vii) The 2^nd and 3^rd defendants have executed Deed of Guarantee on 09.01.2020 for the working capital facility of Rs.1,50,00,000/- in favour of the Applicant Bank.

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It is submitted by applicant bank that by a Rectification of Memorandum of Deposit of Title deeds dated 03.03.2020, registered as Doc. No. 2597/2020, SRO, Selaiyur, the 2^nd Defendant rectified the typographical error in the Memorandum of Deposit of Title de dated 31.03.2012, registered as Doc. No. 4178/2012, SRO, Selaiyur.

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Applicant bank submitted that the 1^st Defendant represented by 2^nd and 3^rd Defendants during April, 2020 requested for CESS Loan under COVID EMERGENCY SUPPORT SCHEME to the Applicant Bank, which was accordingly sanctioned and availed by defendants Term loan facility (CESS LOAN SCHEME) of Rs.18,50,000/-.

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T.A. No. 338 of 2023

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16.06.2025

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To secure the due repayment of the aforesaid loan facility for Rs.18,50,000/-, the defendants have executed the following security documents at Adyar Branch on 30.04.2020:

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i) Demand Promissory Note dated 30.04.2020;

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ii) Instalment Letter dated 30.04.2020;

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iii) Bearer Letter date 30.04.2020;

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iv) Deed continuing security cum declaration dated 30.04.2020

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v) Hypothecation cum loan agreement dated 30.04.2020;

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vi) Deed of Guarantee executed by 3^rd Defendant dated 30.04.2020;

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vii) Deed of Guarantee executed by 2^nd Defendant dated 30.04.2020;

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viii) The 2^nd and 3^rd Defendants on 06.06.2020 have executed letter acknowledging debts and securities in favour of the applicant bank for CESS Loan facility.

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The 1^st Defendant represented by 3^rd Defendant during June 2020 approached the Applicant bank for Star GECL Loan The Applicant after carefully considering the request and upon verification on 06.06.2020 has sanctioned the Term loan facility of Rs. 10,00,000/- under Star GECL scheme to the 1^st Defendant.

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To secure the due repayment of the aforesaid Term loan facility for

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T.A. No. 338 of 2023

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16.06.2025

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Rs.10,00,000/-, the 1^st Defendant represented by 2^nd Defendant on

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06.06.202 have executed the loan documents at Adyar Branch:

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i) Demand Promissory Note dated 06.06.2020;

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ii) Installment Letter dated 06.06.2020;

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iii) Bearer Letter date 06.06.2020;

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iv) Deed of continuing security cum declaration dated 06.06.2020;

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v) Hypothecation cum loan agreement dated 06.06.2020;

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vi) Declaration dated 06.06.2020 by Defendants.

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vii) Deed of Guarantee executed by 2^nd and 3^rd Defendants dated 06.06.2020;

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It is submitted by applicant bank that the 2^nd Defendant on 01.10.2020 executed supplemental memorandum of Deposit of Title deeds, registered as Doc. No. 7211/2020, SRO Selaiyur confirming and extending the mortgage of schedule property in favour of the Applicant Bank.

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Applicant bank submits that after obtaining the aforesaid facilities

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from the applicant, defendants did not repay the loans as undertaken and committed default in repayment of the loan facilities availed by them from the applicant bank. Since defendants did not regularize the loans, the loan account of the Defendants were classified as Non Performing Asset (NPA) on 05.05.2021 as the guidelines issued by the Reserve Bank of India. As defendants did not come forward to repay the dues, despite repeated

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T.A. No. 338 of 2023

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reminders, the present Original Application (OA) has been filed for recovery of amounts due from defendants.

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After the filing of the OA, summons were sent to the Defendants 1 to 4 through Registered Post with Acknowledgment Due, which returned unserved with postal endorsement as ‘left’ in respect of D-1 to D-4. Applicant Bank had caused paper publication of the notice and filed proof thereof. When TA was taken up on 27.09.2023 even after giving sufficient time, there was no appearance or representation from the defendants. Hence, Defendants 1 to 4 were placed ex-parte on 27.09.2023.

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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, Sh. I. Thaveethuvel, Constituted Attorney of 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-60 . As the Defendants remained ex-parte, the TA 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

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T.A. No. 338 of 2023

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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 Defendants jointly and severally Rs.2,55,68,338.58p (Rupees Two Crores Fifty Five Lakhs Sixty Eight Thousand Three Hundred and Thirty Eight and Fifty Eight Paise only) as follows:

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(i) A sum of Rs.39,15,946.02p due in respect of Clean Over Draft facility (A/c No.801025110000027) together with future interest at 9.35% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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(ii) A sum of Rs.1,87,48,118.14p due in respect of Cash Credit Working Capital Facility (A/c No.801030110000069) together with future interest at 9.35% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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(iii) A sum of Rs.18,08,054.65p due in respect of Term Loan facility (CESS Loan Scheme) (A/c No.801070110000003) together with future interest at

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T.A. No. 338 of 2023

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6.85% p.a. compounded with monthly rests from the date of filing till the date of realization in full;

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(iv) A sum of Rs.10,96,219.77p due in respect of Star GECL (A/c No.801070410000057) together with future interest at 7.85% p.a. compounded with monthly rests from the date of filing 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 mentioned immovable property morefully detailed in the TA schedule.

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(d) If the sale proceeds of the immovable property assets 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 4 (both movable and immovable) to recover the balance dues as required under law for which the Defendants 2 to 4 to disclose to the Tribunal particulars of other properties or assets owned by the Defendants 2 to 4;

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(e) The applicant bank shall file the latest memo of calculation of

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OA amount together with interest, costs etc., to be paid by the

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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

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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

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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 16^th day of June, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Sh. I. Thaveethuvel, Constituted Attorney of the Applicant Bank

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Exhibits on the part of the Applicant:

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Sl.	Date	Description of Documents	Exhibit
No.			No.
1.	13.05.2011	Sanction Letter	A-1
2.	19.05.2011	Board Resolution	A-2

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T.A. No. 338 of 2023

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16.06.2025

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3.	20.05.2011	Demand Promissory Note	A-3
4.	20.05.2011	Bearer Letter	A-4
5.	20.05.2011	Deed of continuing security cum declaration	A-5
6.	20.05.2011	Deed of Guarantee	A-6
7.	31.03.2012	Memorandum of Deposit of Title Deeds registered as Doc. No. 4178/2012, SRO Selaiyur	A-7
8.	19.12.2013	Letter acknowledging debts and securities in favour of the applicant ban for over draft facility	A-8
9.	06.03.2014	Letter acknowledging debts and securities in favour of the applicant ban for over draft facility	A-9
10.	16.02.2017	Letter acknowledging debts and securities in favour of the applicant ban for over draft facility	A-10
11.	09.01.2020	Letter acknowledging debts and securities in favour of the applicant ban for over draft facility	A-11
12.	30.04.2020	Letter acknowledging debts and securities in favour of the applicant ban for over draft facility	A-12
13.	06.06.2020	Letter acknowledging debts and securities in favour of the applicant ban for over draft facility	A-13
14.	20.01.2014	Loan application for working capital facility	A-14
15.	06.03.2014	Demand Promissory Note	A-15
16.	06.03.2014	Bearer Letter	A-16
17.	06.03.2014	Deed of continuing security cum declaration	A-17
18.	06.03.2014	Hypothecation cum loan agreement	A-18
19.	06.03.2014	Deed of Guarantee	A-19
20.	16.02.2017	Letter acknowledging debts and securities in favour of the applicant ban for working capital facility	A-20

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T.A. No. 338 of 2023

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16.06.2025

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21.	09.01.2020	Letter acknowledging debts and securities in favour of the applicant ban for working capital facility	A-21
22.	30.04.2020	Letter acknowledging debts and securities in favour of the applicant ban for working capital facility	A-22
23.	06.06.2020	Letter acknowledging debts and securities in favour of the applicant ban for working capital facility	A-23
24.	27.08.2019	Loan application for working capital facility	A-24
25.	30.12.2019	Sanction Letter	A-25
26.	09.01.2020	Demand Promissory Note	A-26
27.	09.01.2020	Bearer Letter	A-27
28.	09.01.2020	Deed of continuing security cum declaration	A-28
29.	09.01.2020	Stamped Undertaking	A-29
30.	09.01.2020	Supplemental Agreement for Hypothecation / pledge	A-30
31.	09.01.2020	Hypothecation cum loan agreement	A-31
32.	09.01.2020	Deed of Guarantee by 2^ndand 3^rd Defendants	A-32
33.	03.03.2020	Rectification memorandum of Deposit of Title Deed Doc. No. 2597/2020	A-33
34.	--	Board Resolution	A-34
35.	--	Undertaking	A-35
36.	30.04.2020	Demand Promissory Note	A-36
37.	30.04.2020	Instalment Letter	A-37
38.	30.04.2020	Bearer Letter	A-38
39.	30.04.2020	Deed of continuing security cum declaration	A-39
40.	30.04.2020	Hypothecation cum loan agreement	A-40
41.	30.04.2020	Deed of Guarantee by the 3^rd Defendant	A-41
42.	30.04.2020	Deed of Guarantee by the 2^nd Defendant	A-42

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16.06.2025

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43.	06.06.2020	Letter acknowledging debts and securities in favour of the applicant bank for CESS facility	A-43
44.	--	Board Resolution	A-44
45.	June 2020	Loan Application	A-45
46.	06.06.2020	Sanction Letter	A-46
47.	06.06.2020	Demand Promissory Note	A-47
48.	06.06.2020	Instalment Letter	A-48
49.	06.06.2020	Bearer Letter	A-49
50.	06.06.2020	Deed of continuing security cum declaration	A-50
51.	06.06.2020	Hypothecation cum loan agreement	A-51
52.	06.06.2020	Declaration	A-52
53.	06.06.2020	Deed of Guarantee by 2^ndand 3^rd Defendants	A-53
54.	01.10.2020	Supplemental Memorandum of Deposit of Title Deeds Doc. No. 7211/2020	A-54
55.	26.03.2008	Sale Deed Doc. No. 2599/2008	A-55
56.	27.03.2008	Development and Construction Agreement	A-56
57.	--	Statement of Account clean over draft facility	A-57
58.	--	Statement of Account Cash Credit (Working Capital) facility	A-58
59.	--	Statement of Account Term loan facility (CESS LOAN SCHEME)	A-59
60.	--	Statement of Account Star GECL	A-60

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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-:

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All that Flat No. 2A, Ground Floor, Sekaran’s Everton Enclave, having

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a Plinth area of 110 Sq.ft. together with 849 Sq.ft. UDS out of the total land measuring 3825 Sq.ft., situated at Plot No. 2, Old No. 153, New No. 52,

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T.A. No. 338 of 2023

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Perumbakkam Village, Tambaram Taluk, Kancheepuram District, comprised

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in S. No. 447/2, New S. No. 447/2A1 as per Patta No. 2746, approved layout

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by CMDA in P.P. No. 941 dated 13.07.2007, bounded on the

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North by : Land belong to Ashokan S. No. 447/2 South by : 20 feet Raod East by : Plot No. 3 West by : Plot No. 1

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Within the Sub Registration District of Selaiyur and Registration District of South – Chennai.

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

Bank of India v. M/S Kn Interior Designs and Engineering Private Limited

Case brief

What is this about?

What did the court decide?

Bank of India v. M/S Kn Interior Designs and Engineering Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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