The DRT allowed the bank's recovery application filed under the RDB Act. The court held the defendants were liable to pay the outstanding dues of Rs 29,28,121 along with interest and costs, and authorized the sale of mortgaged and personal assets if payment failed.
Recovery of Rs 29,28,121 plus interest and costs; liberty to sell scheduled property or personal assets.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
T.A. No. 955 of 2023
14.08.2025
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 14th day of August, 2025
Present: SMT. S.V. GOWRAMMA Presiding Officer
TRANSFERRED APPLICATION No. 955 of 2023
(Originally filed before DRT- II, Chennai as OA 434/2021 and thereafter transferred to this Tribunal and renumbered as TA No 955 of 2023)
State Bank of India,
Retail Assets Central Processing Centre, MRC Nagar, No.4, Santhome High Road, Mylapore, Chennai 600 004.
Represented by its Chief Manager. ….Applicant
-Vs-
Chennai -600 057.
No.6/4, 4F, Block Camp-1, ETPS Quarters, Ennore Quarters, Ennore Thermal Station, Chennai -600 057. …..Defendants
Counsels on record / appeared:
Counsel for Applicant : M/s. Suresh Law Associates Defendants 1 and 2 were set ex-parte on 16.09.2022
: - FINAL ORDER - :
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 defendants jointly and severally for
recovery of a total sum of Rs.29,28,121/- (Rupees Twenty Nine
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Lakhs Twenty Eight Thousand One Hundred and Twenty One
Only) as follows:
(i) A sum of Rs.26,47,054/-(Rupees Twenty Six Lakhs Forty Seven Thousand Fifty Four Only) due in respect of Housing Loan (A/c No.37773659903), repayable together with further interest @ 7.35%, p.a., with monthly rests from the date of filing the OA, till date of realization in full;
(ii) A sum of Rs.2,81,067/-(Rupees Two Lakhs Eighty One Thousand Sixty Seven Only) due in respect of SURAKSHA Loan (A/c No.37794702149), repayable together with further interest @ 7.35%, p.a., with monthly rests from the date of filing the OA till date of realization in full;
for sale of schedule mentioned property morefully detailed in Schedule to the OA, and for costs of this application.
Brief Facts of the case:
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within the jurisdiction of this Tribunal.
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Heard the submissions of Applicant Bank and perused the
records.
: O R D E R :
14. The OA is allowed with costs,
(a) The applicant bank is allowed to recover from the Defendants a total sum of Rs29,28,121/- (Rupees Twenty
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Nine Lakhs Twenty Eight Thousand One Hundred and
Twenty One Only) as follows:
(i) A sum of Rs.26,47,054/-(Rupees Twenty Six Lakhs Forty Seven Thousand Fifty Four Only) due in respect of Housing Loan (A/c No.37773659903), repayable together with further interest @ 7.35%, p.a., with monthly rests from the date of filing the OA, till date of realization in full;
(ii) A sum of Rs.2,81,067/-(Rupees Two Lakhs Eighty One Thousand Sixty Seven Only) due in respect of SURAKSHA Loan (A/c No.37794702149), repayable together with further interest @ 7.35%, p.a., with monthly rests from the date of filing the OA till date of realization in full, along with costs.
(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 OA.
(c) Schedule mentioned immovable property in the OA shall be appended to this final order.
(d) If the sale proceeds of the immovable property is not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the Defendants (both
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movable and immovable) to recover the balance dues as required under law for which the Defendants to disclose to the Tribunal particulars of other properties or assets owned by the Defendants.
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.
from the date of receipt of this final order.
Recovery Officer in terms of the final order.
Sd/-
(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to Steno (Suriya), transcribed by him, corrected, signed and pronounced by me on this the 14th day of August, 2025)
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Mr. Saket Kumar, Manager representing the Applicant Bank.
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Exhibits on the part of the Applicant:
| Sl. | Description of Documents | Exhibit |
|---|---|---|
| No. | No. | |
| 1. | Loan application dated 10.06.2018. | A-1 |
| 2. | Sanction Letter dated 22.06.2018. | A-2 |
| 3. | Arrangement Letter dated 22.06.2018. | A-3 |
| 4. | Memorandum of Loan agreement for home loan granted to public dated 22.06.2018. |
A-4 |
| 5. | Agreement to Mortgage dated 22.06.2018. | A-5 |
| 6. | Memorandum of Deposit dated 18.09.2018. | A-6 |
| 7. | Memorandum relating to deposit of title deeds (Doc.No.11002/2018) dated 18.09.2018. |
A-7 |
| 8. | Confirmation Letter dated 19.09.2018. | A-8 |
| 9. | Construction Agreement entered between M/s Framework Infrastructure Private Limited and A. Joefernandas dated 26.06.2018. |
A-9 |
| 10. | Sale Deed executed by V. Subramaniyan and others power agent M/s Frame work |
A-10 |
| infrastructure Pvt. Ltd infavour of A. Joefernandas (Doc.No.6998/2018) dated 26.06.2018. |
||
| 11. | Statement of Account and Certificate Under Banker’s Book Evidence Act, 1891 dated 26.06.2018 to 15.09.2021. |
A-11 |
| 12. | Specimen of Agreement for additional loan granted to existing home loan dated 22.06.2018. |
A-12 |
| 13. | Statement of Account and Certificate under banker’s book evidence Act, 1891 dated 05.07.2018 to 15.09.2021. |
A-13 |
| 14. | 13(2) Notice & Ack. Dated 30.12.2020. | A-14 |
Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
SCHEDULE OF PROPERTIES
‘A’ SCHEDULE
(Total property)
All that piece and parcel of vacant house site, bearing Plot Nos. A, B, C, D, E and 12 Feet Passage, totally measuring an extent of 9,232 square feet, i.e.,
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Plot No. A, measuring an extent of 1,963 square feet,
Plot No. B, measuring an extent of 1,578 square feet,
Plot No. C, measuring an extent of 1,623 square feet,
Plot No. D, measuring an extent of 1,570 square feet,
Plot No. E, measuring an extent of 1,280 square feet, and
12 Feet passage, measuring an extent of 1,218 square feet, comprised in Survey No.14/2, under patta No.500, situated in No.5 Guduvancherry Village, Chengalpet Taluk, Kancheepuram District.
The building planning permit Nos.
Plot No. A : Ka.Vu.No.121/2018, Ka.Vi.No.485/2017,
Plot No. B : Ka.Vu.No.124/2018, Ka.Vi.No.487/2017, Plot No. C : Ka.Vu.No.122/2018, Ka.Vi.No.486/2017,
Plot No. D : Ka.Vu.No.123/2018, Ka.Vi.No.484/2017,
Plot No. E : Ka.Vu.No.125/2018, Ka.Vi.No.488/2017,
Dated 11.12.2017, Executive Officer, Nandhivaram-Guduvanchery Town Panchayat.
Boundaries for Plot Nos.A,B,C,D,E and 12 Feet Passage,
Extent of 9,232 square feet.
Bounded on the North by : Survey No.7, South by : Survey No.14/3B, East by : 23 Feet Road and Survey No.15, West by : Survey No.14/1. Measuring on the North By : 81’10 ½ “, South By : 112 Feet, East By : 12’+11’+67’ 4 ½ “, West By : 100’ 7 ½ “,
The above property is situated within the Registration District of Chennai South and Registration Sub-District of Guduvanchery.
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‘B’ SCHEDULE
(Property herby conveyed)
454 square feet undivided share of land in ‘A’ schedule mentioned property.
‘C’ SCHEDULE
(Construction of house agreed to be constructed)
Built-up area 1100 square feet in First Floor 3 BHK upon ‘B’ schedule of property including all its amenities, Flat No.F1 in E Block.
Property Address: “Frame Work Construction” Flat No.F1, 1st Floor, E Block, Plot No. A,B,C,D & E, Near Sri Vari Nagar, Guduvanchery Village, Chengalpet Taluk, Kancheepuram District -603 202.
Sd/-
(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
2 issues framed by the court
Whether the Original Application filed for recovery of dues against the respondents under the RDB Act is maintainable.
Whether the defendants are liable to pay the outstanding principal and interest amounts claimed by the applicant bank.
4 provisions across 3 enactments
State Bank of India, Retail Assets Central Processing Centre
Mr. Joe Fernandas
Mrs. Elizabeth Joe Fernandas
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
