Allowed

State Bank of India v. Mohana Priya

DRT8 Aug 2025TA/634/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an application filed by State Bank of India for recovery of Rs. 22.94 lakhs and interest against Mrs. A. Mohanapriya. The defendant was ex-parte and offered no defense. The bank was granted leave to sell mortgaged property or other assets to recover dues.

What did the court decide?

Recovery of Rs. 22,94,090/- plus interest directed; liberty granted to sell mortgaged immovable property or personal assets to recover dues; Recovery Certificate to be issued.

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

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T.A. No. 634 of 2023

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08.08.2025

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 08^th day of August, 2025

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No. 634 of 2023

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(Originally filed before DRT- II, Chennai as OA 132/2020 and thereafter transferred to this Tribunal and renumbered as TA No 634 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. A. Mohanapriya, W/o V. Govindaraj, No.29/26, 3B, Subham Apartments, Bhagirtiammal Street, T.Nagar, Chennai 600 017. …..Defendant

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Counsels on record / appeared:

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Counsel for Applicant : Sh. M. Suresh

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Defendant were set ex-parte on 14.09.2022

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: - FINAL ORDER - :

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This Original Application is filed on 29.01.2020 by the applicant bank 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 defendant for recovery of a total sum of Rs.22,94,090/- (Rupees Twenty Two Lakhs Ninety Four Thousand and Ninety only) due in respect of Housing Loan Facility (A/c No.37333586015) repayable together with further interest @ 9.05% per annum with monthly rests from the date of application till the date of

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T.A. No. 634 of 2023

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08.08.2025

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realization in full, for sale of schedule mentioned immovable property and for costs of this application.

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Originally, this Application was filed before DRT-II, Chennai, assigned OA No.132 of 2020, and thereafter in pursuance to the notification from Ministry of Finance, DFS dated 04.10.2022, OA No.132 of 2020 stood transferred to this Tribunal and renumbered as TA No.634 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 states that defendant had approached applicant bank seeking financial assistance for purchase of schedule mentioned property.

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It is submitted by applicant bank that pursuant to the request of the defendant, applicant bank had sanctioned the “Housing Loan” facility to the tune of Rs. 21,70,000 subject to the terms and conditions as envisaged under the Arrangement Letter dated 30.11.2017 and Memorandum of Loan Agreement for Home Loan granted to public herein and Agreement to Mortgage. The defendant had executed a Memorandum of Deposit dated 27.12.2017, Confirmation Letter dated 28.12.2017 and Memorandum relating to Deposit of Title deeds dated

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T.A. No. 634 of 2023

08.08.2025

04.01.2018.

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

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1. Sanction Letter dated 29.11.2017

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1. Arrangement Letter dated 30.11.2017

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1. Memorandum of Loan Agreement for Home Loan granted to Public dated 30.11.2017

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1. Agreement to Mortgage dated 30.11.2017

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1. Memorandum of Deposit of Title Deeds dated 27.12.2017

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1. Confirmation Letter dated 28.12.2017

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1. Memorandum Relating to Deposit of Title deeds dated 04.01.2018

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The Applicant Bank submits that the defendant had undertaken to repay the loan amount together with interest as per the terms and conditions of the Arrangement Letter dated 30.11.2017.

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It is submitted by the applicant bank that subsequent to the disbursement of the aforesaid “Housing Loan”, the defendant was not

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operating the account as per the terms and conditions. Applicant bank had been repeatedly making representations to the defendant to regularize the Housing Loan, but the defendant did not take any

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T.A. No. 634 of 2023

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08.08.2025

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concrete steps to regularize the loan accounts or to repay the loan amounts. Since the defendant failed to service the interest and principal due under the ‘Housing Loan’ loan accounts, consequently it has become Non-Performing Asset (NPA) on 29.08.2019 in accordance to RBI guidelines. The applicant bank through its Authroised Officer had issued Demand Notice under Section 13(2) of the Act dated 30.08.2019 to the defendant to repay the Housing Loan amount together with accumulated interest but evoked no response from defendant. Hence the present Original Application (OA) has been filed by the applicant bank for recovery of amounts due from defendant.

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After the filing of the OA, summon to sole defendant returned with the remark ‘no such person’. Applicant bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 14.09.2022 even after giving sufficient time, there was no appearance or representation from the defendant. Hence, defendant were placed exparte on 14.09.2022.

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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. Selva Murugesh, Assistant Manager representing 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-12 . As the defendant remained ex-parte, the OA claim remains unchallenged. There

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T.A. No. 634 of 2023

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08.08.2025

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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 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 Defendant, a sum of Rs.22,94,090/- (Rupees Twenty Two Lakhs Ninety Four Thousand and Ninety only) due in respect of Housing Loan Facility (A/c No.37333586015) repayable together with further interest @ 9.05% per annum with monthly rests from the date of application 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 more fully detailed in the OA.

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(d) If the sale proceeds of the immovable property is not sufficient to satisfy the dues as ordered above, the applicant bank is

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at liberty to sell the personal assets of the Defendant (both movable and immovable) to recover the balance dues as required under law for which the Defendant to disclose to the Tribunal particulars of other properties or assets owned by the Defendant.

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(d) The applicant bank shall file the latest memo of calculation of OA amount together with interest, costs etc., to be paid by the defendants duly considering the amounts, if any, paid by the defendants 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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(e) The applicant bank shall file memo of costs within ten days from the date of receipt of this final order.

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(f) 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 Steno (Deepika), transcribed by her, corrected, signed and pronounced by me on this the 08^th day of August, 2025)

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T.A. No. 634 of 2023

08.08.2025

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Sh. Selva Murugesh, Assistant 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 letter dated 29.11.2017.	A-1
2.	Arrangement Letter dated 30.11.2017.	A-2
3.	Memorandum of Loan Agreement for Home Loan granted to public dated 30.11.2017.	A-3
4.	Agreement to Mortgage dated 30.11.2017.	A-4
5.	Memorandum of Deposit dated 27.12.2017.	A-5
6.	Confirmation Letter dated 28.12.2017.	A-6
7.	Memorandum relating to Deposit of Title Deeds (Doc.No.69/2018) dated 04.01.2018.	A-7
8.	Sale Agreement dated 17.11.2017.	A-8
9.	Construction Agreement (Doc.No.6738/2017) dated 17.11.2017.	A-9
10.	Sale Deed executed by M.s Arihant Shelters (India) Limited infavour of Mrs. Mohanapriya (Doc.No.6743/2017) dated 13.12.2017.	A-10
11.	13(2) Notice and Returned cover dated 30.08.2019.	A-11
12.	Statement of Account and Certificate Under Banker’s Book Evidence Act,1891 dated 02.12.2017 to 11.12.2019.	A-12

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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 the Plot bearing Nos. 42,43,44,47,48 & 49 measuring to an extent of 14400 Sq.ft., in Ranipet Town at Karai Village, Walaja Taluk, Vellore District vide Approval No. DTCP.No.28/2009 comprised in S.Nos.653,654/1, T.S.No.2(part), Ward B, Block No.18, and the land

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Bounded on the

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North by: 23 Feet Arihant 1^st Cross Road

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South by: 30 Feet Arihant 2^nd Cross Road

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East by: Plot No.45 and 46.

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West by: Plot No.41 & 50

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Situated with the Sub Registration District of Walaja Nagar and Registration District of Arakkonam.

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SCHEDULE ‘B’

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342.16 Sq.Ft., undivided share of land out of ‘A’ schedule mentioned property.

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SCHEDULE ‘C’

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All that piece and parcel of the residential Flat Bearing No.204, Second Floor measuring to an extend of 722 Sq.Ft., including common area in the building known as LOTUS together with a covered car park in the stilt floor.

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Sd/-

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

State Bank of India v. Mohana Priya

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mohana Priya

Case brief

What is this about?

What did the court decide?

What the court decided

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Case details

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