Allowed

State Bank of India v. Deepasandiya

DRT5 Jun 2025TA/549/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an unopposed original application filed by SBI for recovery of home loan dues. The court adjudicated the claim based on the bank officer's affidavit and marked documents, granting the bank liberty to recover the principal, interest, and costs from the borrowers or by selling the mortgaged and subsequent property.

What did the court decide?

Recovery of Rs. 28,28,747 along with interest and costs from respondents jointly and severally; liberty to sell schedule property or personal assets for balance dues.

State Bank of India versus Deepasandiya — Contract and Commercial Disputes | DRT (2025)

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T.A. No. 549 of 2023

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05.06.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 05^th day of June, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No. 549 of 2023

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(Originally filed before DRT- II, Chennai as OA 233/2020 and thereafter transferred to this Tribunal and renumbered as TA No 549 of 2023)

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State Bank of India Retail Assets Central Processing Centre, MRC Nagar, No.4, Santhome High Road, Mylapore, Chennai 600 004. Rep. by its Chief Manager ….Applicant

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-Vs-

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Mrs. Deepasandiya W/o Sureshkumar K, Kristal Jasper 3389 Kasavanhalli Road,

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Bangalore 560035

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Also at

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Udhayam Apartments, Door No.24, 3^rd Floor, No.106, Paper Mills road, Perambur, Chennai 600 011

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Mr. Sureshkumar, S/o Kothandaraman, Kristal Jasper 3389 Kasavanhalli Road, Bangalore 560035

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Also at Udhayam Apartments, Door No.24, 3^rd Floor, No.106, Paper Mills road, Perambur, Chennai 600 011

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Real Value Promoters Private limited, No.17/1, Poes road, 2^nd Street, Teynampet, Chennai 600 018. …Defendants

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T.A. No. 549 of 2023

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05.06.2025

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Counsels on record / appeared:

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Counsel for Applicant : M/s. M. Suresh

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Defendants 1 to 3 were set ex-parte on 20.04.2022

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: - FINAL ORDER - :

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This original application is filed on 23.03.2020 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 defendants 1 to 3, jointly and severally for recovery of a total sum of Rs.28,58,747/- (Rupees Twenty Eight Lakhs Fifty Eight Thousand Seven Hundred and Forty Seven only) due in respect of Home Loan (Account No.33532944031) repayable together with further interest @ 8.55% p.a., with monthly rests from the date of Application till the date of realization in full, for sale of schedule mentioned immovable property and for costs of this OA.

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Originally, this Application was filed before DRT-II, Chennai, assigned OA No.233 of 2020, and thereafter in pursuance to the notification from Ministry of Finance, DFS dated 04.10.2022, OA No.233 of 2020 stood transferred to this Tribunal and renumbered as TA No.549 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

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T.A. No. 549 of 2023

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05.06.2025

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jurisdiction of this Tribunal.

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It is the case of the applicant bank that the 1^st and 2^nd defendants are borrowers, who had approached applicant bank for grant to housing loan for purchase of immovable property morefully detailed in the schedule.

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It is submitted by applicant bank that pursuant to the request of the defendants 1 & 2, applicant bank had sanctioned the “Housing Loan” facility in a sum of Rs.28,49,000/- which is sanctioned subject to the terms and conditions as envisaged under the Arrangement Letter and dated 24.12.2013 and Memorandum of Loan Agreement for Home Loan granted to public herein. The defendants have executed a confirmation letter dated 19.04.2017. Loan is repayable in equated monthly instalments of Rs.27,778/- per month together with interest at the rate of 10.15p.a.

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It is submitted by applicant bank that third defendant is builder, who is entrusted with the task of construction of flat. The third defendant had entered into a Quadripartite Agreement dated 12.12.2013 with applicant bank and defendants 1 to 3 containing various terms and conditions. It is submitted that as per para no.5 of the said agreement, ‘in the event of failure of the builder to complete the project, the builder /owner(s) shall pay the entire money so received by it from the Borrower(s) to the SBI’ and further as per para No.8, ‘the builder / borrower(s) agree that the loan amount may be credited to the loan account No.30768715219 with SME

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T.A. No. 549 of 2023

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Branch, SBI, Adyar’.

The Applicant submits that the defendants herein have executed the following loan documents thereby the defendants acknowledging the said loan amount availed from the applicant bank. The defendants had undertaken to repay the loan amount in time without committing any default.

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a) Loan application dated 5.11.2013

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b) Arrangement Letter dated 24.12.2013

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c) Memorandum of Loan Agreement for Home Loan granted to public dated 24.12.2013

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d) Agreement to Mortgage dated 24.12.2013

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e) Memorandum of Deposit of Title Deeds dated 18.04.2017

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f) Confirmation Letter dated 19.04.2017

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The applicant further submitted that the defendants have undertaken

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to repay the loan amount together with interest as per the terms and conditions of the Arrangement Letter dated 24.12.2013. However, subsequent to the disbursement of the aforesaid “Housing Loan” the defendants did not operate the account as per the terms and conditions. Since the defendants failed to service the interest and principal due under the “Housing Loan” account, applicant bank had classified the loan account as Non-Performing Asset (NPA) on 23.11.2019 in accordance to RBI

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T.A. No. 549 of 2023

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guidelines. The applicant bank through its Authorised Officer issued Demand Notice dated 30.11.2019 under Section 13(2) of SARFAESI Act to the defendants. However, as defendants did not come forward to repay the dues, the present Original Application (OA) has been filed for recovery of dues from defendants.

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After the filing of the OA, summons were sent to the Defendants 1 to 3 through Registered Post with Acknowledgment Due, which returned with endorsement ‘No such person’ ‘Unclaimed’ and ‘left’ in respect of Defendants 1 to 3 respectively. Applicant Bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 20.04.2022 even after giving sufficient time, there was no appearance or representation from the defendants. Hence, Defendants 1 to 3 were placed ex-parte on 20.04.2022.

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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, Mr. Saket Kumar, Manager/ Authorised Officer 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-13 . As the Defendants 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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T.A. No. 549 of 2023

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05.06.2025

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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 Defendants jointly and severally, a total sum of Rs.28,58,747/- (Rupees Twenty Eight Lakhs Fifty Eight Thousand Seven Hundred and

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Forty Seven only) due in respect of Home Loan (Account No.33532944031) repayable together with further interest @ 8.55% p.a., with monthly rests from the date of Application till the date of realization in full along with for 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 A and B mentioned immovable property morefully detailed in the OA schedule.

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(d) If the sale proceeds of the hypothecated 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 (both movable

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T.A. No. 549 of 2023

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05.06.2025

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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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(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 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 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)

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PRESIDING OFFICER, DRT-III, CHENNAI

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(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 05^th day of June, 2025)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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T.A. No. 549 of 2023

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05.06.2025

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AW-1: Mr. Saket Kumar, Manager / Authorised Officer of the Applicant Bank

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Exhibits on the part of the Applicant:

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Sl. No.	Description of Documents	Exhibit No.
1.	Loan Application 05.11.2013	A-1
2.	Arrangement Letter 24.12.2013	A-2
3.	Memorandum of Loan Agreement for Home Loan granted to public 24.12.2013	A-3
4.	Agreement to Mortgage 24.12.2013	A-4
5.	Memorandum of Deposit 18.04.2017	A-5
6.	Confirmation Letter 19.04.2017	A-6
7.	Quadripartite Agreement 12.12.2013	A-7
8.	Construction Agreement 30.09.2013	A-8
9.	Agreement for Sale 30.09.2013	A-9
10.	Sale Deed executed by M/S ABC International rep. by its Agent M.s Real Value Promoters Private Limited in favour of Mrs. M. Deepa Sandiya and Mr.	A-10
	K. Suresh Kumar (Doc.No.18237/2013) 26.12.2013
11.	Section 13(2) Notice 30.11.2019	A-11
12.	Statement of Account and Certificate Under Banker’s Book Evidence Act, 1891 23.12.2013 to 19.02.2020	A-12
13.	Authorization Circular.	A-13

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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 A-:

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All that piece and parcel of vacant lands measuring 1 acre 9 cents in S.No.243/3E1 (Full Extent) 96 cents in S.No.243/3E2 (Full Extent) 5 acres 95 cents in S.No.243/3F1A (Full Extent) and 50 cents in S.No.252/1 (Full Extent) in all totaling to an extent of 8 acres 50 cents or 3,69,606 sq.ft or there abouts, (in which 36,690 sq.ft of land has been gifted to the Pudupakkam First Grade Panchayat Union and remains an extent of 3,32,645 Sq.ft of thereabouts, situated at Pudupakkam Village, then

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T.A. No. 549 of 2023

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05.06.2025

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Chengalpattur Taluk, now Thiruporur Taluk, Kancheepuram District, Tamil Nadu. Bounded on the

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North By: Land in Survey No.245 South By: Vandalur to Kelambakkam Road, East By: Lands in Survey Nos. 243/3F2 & 243/3F1B West By: Land in Survey No.243/3D

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And situate in the Sub-Registration District of Thiruporur, in the Registration District of Chengalpattu.

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:- SCHEDULE B-:

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293 Square feet undivided share of vacant site in the above Schedule ‘A’ property.

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:- SCHEDULE C-:

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“Apartment bearing No.3B, have super built up area of 970 square feet (inclusive of all common areas), in the Third Floor of Block “A” in the residential apartment complex known as “Padmalaya”.

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

State Bank of India v. Deepasandiya

Case brief

What is this about?

What did the court decide?

State Bank of India v. Deepasandiya

Case brief

What is this about?

What did the court decide?

What the court decided

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