Allowed

Canara Bank v. M/S Mathan Leather Company

DRT17 Jun 2025TA/630/2023

Case brief

AI extract

What is this about?

In this final order, the Debt Recovery Tribunal allowed the original application filed by Canara Bank against a leather trading company and its proprietor for the recovery of loans and related facilities totaling over Rs. 3 crores, directing the sale of hypothecated assets and properties to recover the dues.

What did the court decide?

Recovery of Rs. 3,00,24,154/- with interest; liberty to sell schedule assets and properties; issue of Recovery Certificate.

Canara Bank versus M/S Mathan Leather Company — Execution and Attachment | DRT (2025)

TA No.630/2023

17.06.2025

IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 17^th day of June, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No. 630 of 2023

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(Originally filed before DRT- II, Chennai as OA 288/2022 and thereafter transferred to this Tribunal and renumbered as TA No.630 of 2023)

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Canara Bank, Saidapet Branch No.375, Anna Salai Saidapet, Chennai-600 015

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...Applicant

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-Vs-

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M/s.Mathan Leather Company Rep.by its Proprietor Mr.Krishnamurthy.D No.12, Thoppai Street

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Periamet,Chennai- 600 003

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Mr.Krishnamurthy.D S/o K Durai Old No.10-New No.14 E.K Guru Street, Periamet,Chennai-600 003

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.….Defendants

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Counsels on record / appeared:

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Counsel for Applicant Bank : Mr. K. Radhakrishnamurthy

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Defendants were set ex-parte on 20.09.2023

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: - F I N A L O R D E R - :

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This original application is filed on 23.02.2022 by the applicant bank

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under Section 19(1) of Recovery of Debts and Bankruptcy Act, 1993 (formerly Recovery of Debts Due to Banks and Financial Institutions Act, 1993) against the defendants for recovery of a total sum of

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17.06.2025

Rs.3,00,24,154/- (Rupees Three Crores Twenty-Four Thousand One

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Hundred Fifty-Four only) as follows:

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(a) A sum of Rs.2,09,74,206/- due in respect of OCC Facility

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(Loan Account No. 0933261010278) repayable together with further interest @ 12.15% per annum with monthly rests from the date of filing this application till the date of realization;

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(b) A sum of Rs.9,49,089/- due in respect of WCTL-1 Facility ( Loan Account No. 0933746000003) repayable together with further interest @ 16.25% per annum with monthly rests from the date of filing this application till the date of realization.

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( Loan Account No. 0933746000013) repayable together with further interest @ 16.25% per annum with monthly rests from the date of filing this application till the date of realization.

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(d) A sum of Rs.21,39,673/- due in respect of WCTL-3 Facility

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( Loan Account No. 0933746000014) repayable together with further interest @ 16.25% per annum with monthly rests from the date of filing this application till the date of realization.

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(e) A sum of Rs.38,90,214/- due in respect of WCTL-1 Facility (Loan Account No. 0933755000027) repayable together with further interest @ 9.50% per annum with monthly rests from the date of filing this application till the date of realization.

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(f) A sum of Rs.11,59,488/- due in respect of CFITL Facility (Loan Account No. 0933710000017) repayable together with further interest @ 14.25% per annum with monthly rests from the date of filing this application till the date of realization.

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for sale of Schedule A mentioned hypothecated assets and Schedule B mentioned immovable properties morefully detailed in the OA and for costs of this application.

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Originally the application was filed before DRT-II, Chennai, assigned OA No.288/2022, and thereafter in pursuance to the notification from Ministry of Finance, DFS, dated 04.10.2022, OA No. 288/2022 stood transferred to this Tribunal and renumbered as TA No.630 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 who is engaged in the Trading of finished Leather Works requested the applicant for financial assistance for development of their leather business. Upon the request of the 1^st defendant the applicant sanctioned OCC/ODBD Loan of Rs.1,80,00,000/- which was availed by the defendant on 02.11.2015.

TA No.630/2023

17.06.2025

It is submitted by the applicant bank that on availing the credit facility, the 2^nd defendant had executed the following loan documents on 02.11.2015:

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a) Request for Overdraft Facility

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b) Demand Promissory Note dated 02.11.2015 for Rs.180 Lakhs promising to repay the amount together with interest thereon at 1.50% per annum above/below the ongoing base rate(Base rate at present being 9.65%) or at such other rates as may be revised by the bank from time to time, compounded monthly/quarterly/half yearly/for value received.

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c) Cash Credit Agreement

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d) Common Hypothecation agreement.

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It is submitted that to secure the above facility availed by the 1^st defendant, the 2^nd defendant has executed Guarantee Agreement and Guarantee Covering Letter dated 02.11.2015 by which the 2^nd defendant stood as personal guarantor for the due repayment of the advances made to the 1^st defendant together with all interest and costs.

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The applicant bank submits that, as security for the advances made to the 1st defendant, the 2nd defendant, on 27.10.2015, deposited the original title deeds relating to his properties — more fully described in the schedule — with the applicant bank at Saidapet, with the intention of

TA No.630/2023

17.06.2025

creating a mortgage as security for the advances already made or to be made to the 1st defendant for all the loans availed by him. The 2nd defendant confirmed the said deposit on the same day, i.e., 27.10.2015, and a Memorandum of Deposit of Title Deeds (MOD) was registered before the Sub-Registrar Office, Nagalnayakanpatti, under Document No. 5151/2015, on behalf of the applicant bank.

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It is further submitted by applicant bank that, at the request of the 1^st defendant, the applicant has renewed the loan OCC/ODBD Facility of Rs.180 Lakhs to the 1^st defendant on 31.03.2018 for which the 1^st defendant has executed the following document on 31.03.2018

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a) Letter of Renewal.

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The applicant submits that at the request of the 1^st defendant vide application dated 29.06.2019 the applicant has restructured the loan under one-time restructuring scheme under MSME Sector for a working capital

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term loan-1 for a sum of Rs. 7.6 Lakhs on 29.06.2019 for which the 1^st

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defendant has executed the following documents on 29.06.2019

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a) Draft letter of undertaking from guarantors

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b) Debt Restructuring agreement

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c) Debtor and creditor agreement

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The applicant submits that at the request of the 1^st defendant vide application letter dated 30.09.2019 the applicant restructured the loan

TA No.630/2023

17.06.2025

under one-time restructuring scheme under MSME Sector for a working capital term loan-2 for a sum of Rs. 7.6 Lakhs on 30.09.2019 for which the

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1^st defendant has executed the following documents on 30.09.2019

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a) Draft letter of undertaking from guarantors

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b) Debt Restructuring agreement

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c) Debtor and creditor agreement

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The applicant submits that at the request of the 1^st defendant vide application letter dated 30.09.2019 the applicant restructured the loan under one-time restructuring scheme under MSME Sector for a working capital term loan-3 for a sum of Rs. 17.5 Lakhs on 30.09.2019 for which the 1^st defendant has executed the following documents on 30.09.2019

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a) Draft letter of undertaking from guarantors

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b) Debt Restructuring agreement

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c) Debtor and creditor agreement

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The applicant submits that at the request of the 1^st defendant vide application letter dated 29.12.2020, the applicant has sanctioned a Guaranteed Emergency Credit Line (GECL) under Covid-19 scheme for a sum of Rs.36 Lakhs on 30.12.2020 for which the 1^st defendant has executed the following documents on 30.12.2020,

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a) Offer Letter

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b) Undertaking letter from Borrower

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17.06.2025

c) Particulars of the Hypothecated goods

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d) Demand promissory note dated 30.12.2020 for Rs.36 Lakhs

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promising to repay the amount together with interest thereon at 0.6% per annum above/below the ongoing base rate (Base rate at present being 6.9%) or at such other rates as maybe revised by the bank from time to time, compounded monthly for value received.

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e) Take delivery letter to DPN

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f) Letter of undertaking Re: Loans/Advances

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g) Agreement-cum-Deed of Hypothecation

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The applicant further submits that, in accordance with the COVID19 regulatory package announced by the Reserve Bank of India (RBI), the interest accrued on the Cash Credit/Overdraft (CC/OD) account for the period from March to August 2020 was debited to the account. The accrued interest was converted into a Funded Interest Term Loan (FITL), carrying the same rate of interest applicable to the existing facility, and was to be repaid in six monthly installments. The applicant submits that the first defendant sanctioned the FITL facility of Rs. 10,57,468/- on 01.09.2020 under the said scheme, and the same was accepted and availed by the first defendant on the very same day.

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The Applicant Bank contends that the Defendant, after availing the sanctioned credit facilities, violated the terms of the sanction, including the

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17.06.2025

repayment schedule, and defaulted on the repayment of the loan despite repeated reminders. Consequently, the loan accounts were classified as a Non-Performing Asset (NPA) on 01.05.2021. Despite the default and persistent non-compliance, the Defendant failed to respond positively. In light of this, the Applicant Bank, through its Authorized Officer, issued a Demand Notice dated 19.05.2021 under Section 13(2) of the SARFAESI Act, calling upon the Defendants to clear the arrears. As defendants did not come forward to repay the dues, 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 and 2 through Registered Post with Acknowledgment Due, which was returned with postal endorsement as ‘Left’ for D1, while summons to D2 was duly served. D-2 is Proprietor of D-1 company, hence summons to D- 1 is also deemed to be served. When OA was taken up on 20.09.2023 even after giving sufficient time, there was no appearance or representation from the defendants. Hence, Defendants were placed ex-parte on 20.09.2023.

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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, Mr.Kumar Gaurav, Chief Manager, 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

TA No.630/2023

17.06.2025

as Ex A-1 to A-36 . 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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With regard to the amount due to the applicant bank, 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 for recovery of a total sum of Rs.3,00,24,154/- (Rupees Three

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Crores Twenty-Four Thousand One Hundred Fifty-Four only)

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as follows:

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(i) A sum of Rs.2,09,74,206/- due in respect of OCC Facility (Loan Account No. 0933261010278) repayable together with further interest @ 12.15% per annum with monthly rests from the date of filing this application till the date of realization;

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(ii) A sum of Rs.9,49,089/- due in respect of WCTL-1 Facility ( Loan Account No. 0933746000003) repayable together with further interest @ 16.25% per annum with monthly rests from the date of filing this

TA No.630/2023

17.06.2025

application till the date of realization.

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(iii) A sum of Rs.9,11,484/- due in respect of WCTL-2 Facility ( Loan Account No. 0933746000013) repayable together with further interest @ 16.25% per annum with monthly rests from the date of filing this application till the date of realization.

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(iv) A sum of Rs.21,39,673/- due in respect of WCTL-3 Facility ( Loan Account No. 0933746000014) repayable together with further interest @ 16.25% per annum with monthly rests from the date of filing this application till the date of realization.

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(v) A sum of Rs.38,90,214/- due in respect of WCTL-1 Facility (Loan Account No. 0933755000027) repayable together with further interest @ 9.50% per annum with monthly rests from the date of filing this application till the date of realization.

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(vi) A sum of Rs.11,59,488/- due in respect of CFITL Facility (Loan Account No. 0933710000017) repayable together with further interest @ 14.25% per annum with monthly rests from the date of filing this application till the date of realization along with costs of this application.

TA No.630/2023

17.06.2025

(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 hypothecated assets and Schedule B & C immovable properties morefully detailed in the OA

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(d) If the sale proceeds of the schedule mentioned hypothecated and mortgaged properties are not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the 2^nd defendant (both movable and immovable) to recover the balance dues as required under law,

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for which the 2^nd Defendant to disclose to the Tribunal particulars of other properties or assets owned by the 2^nd Defendant.

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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

TA No.630/2023

17.06.2025

the date of receipt of this final order.

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(g) Recovery Certificate shall be drawn up and issued to the

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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 Prasobh Sankar, transcribed by him, corrected, signed and pronounced by me on

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this the 17^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: Mr.Kumar Gaurav, Chief Manager representing 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.	Sanction letterby applicant dated26.10.2015	A-1
2.	Request for OD facilities by 1st def dated 02.11.2015	A-2
3.	Demand Promissory Note for Rs.180 lakhs by 1st deft dated 02.11.2015.	A-3
4.	Cash Credit Agreement by 1st defendant dated 02.11.2015	A-4
5.	Common Hypothecated agreement dated 02.11.2015	A-5
6.	Guarantee Agreement by 2nd deft. dated 02.11.2015	A-6

TA No.630/2023

17.06.2025

7.	Guarantee Covering letter by 2nd deft dated 02.11.2015	A-7
8.	MOD by 2nd defendant dated 27.10.2015	A-8
9.	Letter of renewal dated 31.03.2018	A-9
10	Application for restructuring dated 25.06.2019	A-10
11	Draft letter of undertaking from guarantors 29.06.2019 dated	A-11
12	Debt restructuring agreement dated 29.06.2019	A-12
13	Debtor and creditor agreement dated 29.06.2019	A-13
14	Application for restructuring dated 30.09.2019	A-14
15	Draft letter of undertaking from guarantors dated 30.09.2019	A-15
16	Debt restructuring agreement dated 30.09.2019	A-16
17	Debtor and creditor agreement dated 30.09.2019	A-17
18	Application for restructuring dated 30.09.2019	A-18
19	Draft letter of undertaking from guarantors dated 30.09.2019	A-19
20	Debt restructuring agreement dated 30.09.2019	A-20
21	Debtor and creditor agreement dated 30.09.2019	A-21
22	Application for loan to MSES dated 29.12.2020	A-22
23	Sanction of Guarantee of Guaranteed emergency credit line dated 30.12.2020	A-23
24	Offer letter for GECL dated 30.12.2020	A-24
25	Application to HO circular dated 30.12.2020	A-25
26	Undertaking letter from borrower dated 30.12.2020	A-26
27	Particulars of hypothecated goods dated 30.12.2020	A-27
28	Demand Promissory Note for Rs.180 lakhs by 1st deft. dated 30.12.2020	A-28
29	Take delivery letter to DPN dated 30.12.2020	A-29
30	Letter of undertaking re: loans/advances dated 30.12.2020	A-30
31	Agreement cum deed of hypothecation dated 30.12.2020	A-31
32	Sanction of Covid FITL dated 01.09.2020	A-32

TA No.630/2023

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33	13(2) SARFAESI 19.05.2021	notice by applic	ant	dated	A-33
34	CERTIFIED STATE	MENT OF ACCOUN	TS		A-34
35	Registered sale Kulothunkan in fa Doc No.3743/201	deed executed vour of Mr. D. Kris 5 dated 06.08.201	by hna 5	Mr.R. murthy	A-35
36	Registered sale Kulothunkan in fa Doc No.3813/201	deed executed vour of Mr. D. Kris 5 dated 12.08.201	by hna 5	Mr.R. murthy	A-36

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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 the hypothecated stocks of leather products and goods lying at the 1st defendant premises ie., No.12, Thoppai Street, Periamet, Chennai – 600 003 or stored or to be stored o in transit or wherever found or stored.

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SCHEDULE -B

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(Property belongs to D. Krishnamurthy, 2nd defendant)

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Description of the Immovable Property:

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ITEM No.1

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All that piece and parcel of Land situated at Nagalnayakkanpatti sub registrar office,Dindigul District, Dindigul Taluk, Adiyanathu Village, Comprised in Survey Nos.

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Patta No.1618, Survey No.246/2A - 0.23 Acres

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Patta No.1674, Survey No.247/1 - 0.28 ½ Acres

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Patta No.1618, Survey No.247/3 - 0.31 Acres

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Patta No.1674, Survey No.247/4 - 0.31 Acres

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TOTAL AREA - 1.14 Acres (49704.00 Sq.ft)

ITEM No.2

TA No.630/2023

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All that piece and parcel of Land situated at Nagalnayakkanpatti sub registrar office,Dindigul District, Dindigul Taluk, Adiyanathu Village, Comprised in Survey Nos.

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Patta No.1618, Survey No.246/2B - 13 ¾ ACRES

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Bounded on:-

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South by - 20 feet Road, North by - Survey No.246/2A,247/1,2,4 West by - Survey No.246/1,2A, East by - Survey No.247/2& Road

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Patta No.1712, Survey No.247/2 - 0.03 1/2 Acres

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TOTAL AREA - 17 1/4 Acres (7521 Sq.ft)

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The property lies within the jurisdiction of office of Dindigul, Nagalnayakkanpatti sub registrar office.

TA No.630/2023

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SCHEDULE -C

(Property belongs to D. Krishnamurthy, 2nd defendant)

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1.S.No.246/2A, 246/2B Plot No.1, Area 1130 .25 Sq.ft Plot No.2, Area 1125 .00 Sq ft Plot No.3, Area 1315.00 Sq.ft

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Schedule of the Property:- Plot Nos.1,2 & 3 East by : Plot no 4 West by : Property belonged to Udhayam Nagar West by : Plot No.12, 13 & 14 North by : 20 ft width East West Road

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S.No.246/2B,247/2,4 Plot No.4, Area 1290 .00 Sq.ft Plot No.5, Area 1265 .00 Sq ft Plot No.10, Area 1181.25 Sq.ft Plot No.11, Area 1173.75 Sq.ft

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Schedule of the Property:- Plot Nos. 4,5,10 &11

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East by : Plot No.6,9 West by : Plot No.3,12 North by : 20 ft width East West Road South by : 20 ft width East West Road

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S.No.246/2A, Plot No.15, Area 1273 .50 Sq.ft Plot No.16, Area 907.50 Sq.ft S.No.246/2A,2B,Part Plot No.17, Area 1212 .50 Sq.ft S.No.247/2,3,4,246/2B Part, Plot No.18, Area 1181.75 Sq.ft Plot No.25, Area 1337.75 Sq.ft S.No.246/2B,247/1 Plot No.26, Area 1377 .00 Sq.ft S.No.246/2A,2B Part, 247/1 Plot No.27, Area 1337.75 Sq.ft S.No.246/2A,, 247/1 Plot No.28, Area 1399.75 Sq.ft

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Schedule of the Property:- Plot Nos. 15,16,17,18,25,26,27,28

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East by : Plot No.19,24 West by : Property belonged to Udhayam Nagar North by : 20 ft width East West Road South by : 20 ft width East West Road

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S.No.247/3,4 Plot No.19 Area 1162.00 Sq.ft Plot No.20 Area 1189.00 Sq.ft Plot No.21 Area 1269.50 Sq.ft Plot No.22 Area 1463.75 Sq.ft Plot No.23 Area 1346.50 Sq.ft Plot No.24 Area 1311.50 Sq.ft Plot No.26 Area 1377.00 Sq.ft Plot No.27 Area 1337.75 Sq.ft Plot No.28 Area 1399.75 Sq.ft

¶194

Schedule of the Property:- Plot No.19,20,21,22,23 & 24

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East by : North south Mottanampatty Road West by : Plot No.18, 25 North by : 20 ft width East West Road South by : 20 ft width East West Road

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S.No.247/3,4 Plot No.29 Area 1185.00 Sq.ft Plot No.30 Area 1264.00 Sq.ft Plot No.31 Area 1278.75 Sq.ft S.No.247/1,3 Plot No.32 Area 975.00 Sq.ft S.No.247/3 Plot No.33 Area 1540.00 Sq.ft S.No.247/1 Plot No.34 Area 1076.00 Sq.ft Plot No.35 Area 1278.00 Sq.ft

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Schedule of the Property:- Plot No.29,30,31,32,33,34 & 35

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East by : North south Mottanampatty Road West by : Property belonged to Udhayam Nagar North by : 20 ft width East West Road South by : 20 ft width East West Road

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S.No.247/3,4 Plot No.14 Area 1095.00 Sq.ft Schedule of the Property- Plot No.14 East by : Plot No.13 West by : Property belonged to Railway North by : 20 ft width East West Road South by : Plot No.1

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S.No.247/3,4 Plot No.12 Area 1196.25 Sq.ft Schedule of the Property:- Plot No.14 East by : Plot No.11 West by : Plot No.13

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North by :Plot No.3 South by : 20 ft width East West Road

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PLOT MEASUREMENT DETAILS

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S.No.	Plot Nos.	North in ft.	South in ft.	East in ft.	West in ft.	Total area
1	1	35’6	36’.6	34’0	34’6	1130.25
2	2	29’3	29’0	33’3	34’0	1125.00
3	3	40’0	40’0	32’6	33’3	1315.00
4	4	39’3	40’0	32’0	32’6	1290.00
5	5	39’9	40’0	31’3	32’0	1265.00
6	10	39’0	39’9	30’0	30’0	1181.25
7	11	39’0	39’3	30’0	30’0	1173.75
8	12	39’9	40’0	30’0	30’0	1196.25
9	14	37’6	35’6	30’0	30’0	1095.00
10	15	43’0	40’6	30’0	30’6	1273.375
11	16	29’9	29’9	30’0	30’6	907.375
12	17	39’6	39’9	38’9	30’6	1212.375
13	18	38’9	38’9	30’0	30’6	1181.875
14	19	37’6	38’9	30’0	30’6	1162.81
15	20	39’0	39’0	30’0	30’6	1189.50
16	21	42’0	41’0	30’6	30’6	1269.50
17	22	42’3	42’0	34’9	34’9	1463.84
18	23	38’6	39’0	34’9	34’9	1346.50
19	24	38’0	37’6	34’9	34’9	1311.81

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17.06.2025

20	25	38’3	38’9	34’9	34’9	1337.875
21	26	39’9	39’6	34’9	34’9	1377.00
22	27	29’0	29’9	34’9	34’9	1020.75
23	28	35’3	43’0	34’9	34’9	1399.50
24	29	39’9	39’6	30’0	30’0	1185.00
25	30	39’0	40’0	24’0	30’0	1264.00
26	31	30’0	30’0	37’6	47’9	1278.75
27	32	30’0	30’0	27’6	37’7	975.00
28	33	0’0	27’6	27’6	37’7	1540.00
29	34	39’3	39’0	23’9	31’3	1076.00
30	35	38’3	39’6	31’3	34’6	1278.00
					TOTAL	36822.25

¶211

This Property lies within the jurisdiction of office Dindugul, Nagalnayakkanpatti Sun Registrar office.

¶212

Sd/-

¶213

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

Canara Bank v. M/S Mathan Leather Company

Case brief

What is this about?

What did the court decide?

Canara Bank v. M/S Mathan Leather Company

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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