Allowed

State Bank of India v. Aadesh Kumar

DRT30 Jun 2026OA/1027/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the applicant bank's recovery certificate application filed under Section 19 of the RDB Act. The defendant appeared ex parte. The Tribunal found the loan documents, defaults, and claim admissible and within limitation, permitting recovery of Rs. 30,29,000 with interest at 12% p.a. and costs.

What did the court decide?

Recovery certificate issued for Rs. 30,29,000 plus interest at 12% simple interest per annum from filing date. Proceeds against schedule property and defendant's personal assets.

State Bank of India versus Aadesh Kumar — Banking and Recovery | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU

¶2

Dated this 30^th Day of June, 2026

¶3

Present: Sri. T. RAJESH Presiding Officer OA.No.1027/2024

¶4

BETWEEN:

¶5

State Bank Of India Stressed Assets Recovery Branch, 11/90,3^RD Floor, J.C. Road, Bengaluru-560002. Respresnted by its Chief Manager,

¶6

…APPLICANT

¶7

AND:

¶8

Mr. Aadesh Kumar. S/O Mr Brij Kishor Sharma

¶9

Residing At: Flat No. B-125, Ground Floor, Block B, “Artha Midas @ NSC”Apartment, Bagalur Village, Sulibele Hobli, Hosakote Taluk, Bangalore Rural-562149

¶10

...DEFENDANT

¶11

Counsel on record/appeared for:

¶12

Applicant : Vinaypaul T.K Defendant : Exparte

OA 1027/2024

FINAL ORDER

The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate for Rs. 30,29,000/-(Rupees Thirt Lakh Twenty Nine Thousand Only) with further interest thereon from the date of filing the Application till realization from the Defendant.

¶17

It is the case of the applicant that the defendant availed an sanctioned term loan of Rs. 29,62,000/- (Rupees Twenty Nine Lakh Sixty Two Thousand Only).

¶18

It is also the case of the applicant that, in view of the above amount financed, the defendant executed necessary loan documents along with Deposit of title deeds.

¶19

It is further contended that, the defendant despite availing the credit facility, agreeing to service the loan account promptly and regularly, failed in complying the same, resulting in defaults in repayment and consequentially turning the loan accounts as NPA.

¶20

In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate

¶21

OA 1027/2024

¶22

¶23

for the amount due in the account.

¶24

Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set exparte on 12.02.2026.

¶25

The applicant had let in evidence through AW-1, who filed Proof Affidavit reiterating the contentions taken in the OA and also produced Exhibits A-1 to A-5 and got the same marked in evidence.

¶26

Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and the proof affidavit.

¶27

The following issues arise for consideration in this matter:

¶28

i) Whether the applicant had succeeded in proving the

¶29

OA claim as against the defendant?

¶30

ii) What order are to be passed?

¶31

Both these issues are gone into and decided together.

¶32

The case put forth by the applicant in the Application

¶33

remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facility

¶34

OA 1027/2024

¶35

¶36

as stated in the OA, creation of mortgage as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendant and the claim as the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.

¶37

Hence in view of the finding arrived herein above, this Tribunal find both these issues in favour of applicant and hence this Tribunal is of the view that OA is to be allowed.

¶38

Taking into consideration the facts that the credit facility

¶39

are availed by defendant for business purpose and also that OA claim is arrived at by calculating interest at the agreed rate, this Tribunal, in view of the OA can be allowed with a reduced interest

¶40

@12% p.a. (Simple).

¶41

In the result, OA.No.1027/2024, stands allowed,

¶42

i) The applicant is allowed to recovery an aggregate

¶43

sum of Rs. 30,29,000/-(Rupees Thirt Lakh Twenty Nine Thousand Only). with further interest @12% p.a. (Simple),from the date of filing OA till the realization, from the defendant

¶44

personally after giving credit to all the amount recovered and

¶45

received during the pendency of the OA and allowed the same

¶46

OA 1027/2024

¶47

¶48

to be recovered by proceedings against the schedule property. Properties schedule to the OA be the schedule to the recovery certificate.

¶49

(ii) If the sale proceeds are not sufficient, the defendant personally and his other assets are liable to be proceeded against for the balance amount.

¶50

iii) The applicant bank is allowed cost of the proceedings

¶51

which applicant to file cost memo within 7 days from the date of

¶52

receipt of the order.

¶53

iv) The Recovery Certificate to be drawn in terms of this

¶54

order and transferred to Recovery for execution.

¶55

v) Interim application pending, if any, stands disposed of

¶56

in terms of this final order.

¶57

Communicate a copy of the order to the parties concerned

¶58

in terms of Section 19(21)(i) of the RDB Act, read with Rule 16

¶59

of DRT (Procedure) Rules, 1993.

¶60

[Dictated to the Stenographer (ms), transcribed by him, corrected and signed and pronounced by me in the Open Court, this the 30^th day of June, 2026].

¶61

PRESIDING OFFICER

SD/(T. RAJESH)

OA 1027/2024

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

¶67

AW-1: Jithin Rajagopalan, chief Manager, of the Applicant Bank.

¶68

Exhibits on the part of the Applicant:

¶69

Exhibit	Particulars of Documents
Nos.
A1	Arrangement letter dated 14.03.2023
A2	Agreement of loan dated 14.03.2023
A3	Memorandum of deposit of tiotle deeds dated 18.03.2023
A4	Demand notice dated 09.08.2023
A5	Statement of account
Witness	Examined for the Defendant: -Nil -
List of D	ocuments Exhibited for the Defendant: -Nil -

¶70

SD/(T. RAJESH) PRESIDING OFFICER

State Bank of India v. Aadesh Kumar

Case brief

What is this about?

What did the court decide?

State Bank of India v. Aadesh Kumar

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

Similar cases

Bank of Baroda versus M/s Anugya Enterprises

Bank of Baroda (Vijaya Bank) versus M/s Maa Sharde Agritech

Bank of Baroda versus M/s Balajee Coal Depot

Manoj Kumar Sharma versus Punjab National Bank

Sri Ram Bhagat Sharma versus Icici Bank Limited

Icici Bank Limited versus M/S Niraj Marble and Tiles and Ors.