Debts Recovery Tribunal ordered attachment before judgment on immovable property of a borrower to secure a loan recovery claim, noting the defendant's failure to appear and the risk of asset alienation.
Direction to respondent to show cause why he should not furnish security and conditional attachment of specified immovable property to secure the claim amount.
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.
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 23rd day of June, 2026
Present: SMT. S.V. GOWRAMMA Presiding Officer
I.A. No.250 of 2026 in O.A. No.109 of 2026
DBS BANK INDIA LIMITED, (Erstwhile Lakshmi Vilas Bank) Represented by its Assistant Vice President No.4/ I, Sardar Patel Road, Guindy, Chennai - 600 032.
... Petitioner/Applicant
-Vs-
...Respondents/ Defendants
: - ORDER ON IA NO. 250 of 2026 - :
Defendants, seeking for recovery of money due from Defendants in a sum
of Rs.1,37,23,145.75p (Rupees One Crore Thirty Seven Lakhs
Twenty Three Thousand One Hundred and Forty Five and Seventy
Five Paise only) due as on 19.08.2025 repayable together with further interest and costs.
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mortgaged with the Petitioner Bank, stands in the name of the Borrower and is presently mortgaged with Repco Home Finance Ltd., Vyasarpadi Branch. I reliably apprehends that the 2nd Respondent, with a malafide intention to defeat and delay the legitimate recovery proceedings initiated by the Petitioner Bank, are attempting to create third-party rights, alienate, or otherwise encumber the IA schedule property. Such clandestine acts on the part of the Respondents are only to deprive the Petitioner Bank of the fruits of any order or decree that may be passed by this Tribunal in the present Original Application. Hence the present application is filed for attachment before judgment of the property morefully detailed in the Schedule to the IA, till the disposal of the OA.
Heard and perused the records produced along with the IA.
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the case and without prejudice to the rights of both the parties. By doing
so, no prejudice, no harm and loss will be caused to the Defendants.
“ Where, at any stage of the proceedings, [the Tribunal on an application made by the applicant along with particulars of property to be attached and estimated value thereof, or otherwise] is satisfied that the defendant, with intent to obstruct or delay or frustrate the execution of any order for the recovery of debt that may be passed against him
(i)is about to dispose of the whole or any part of his property; or (ii)is about to remove the whole or any part of the property from the local limits of the jurisdiction of the Tribunal; or (iii)is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest,
the Tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the certificate for the recovery of debt, or to appear and show cause why he should not furnish security.
(B)Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the
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time fixed by the Tribunal, the Tribunal may order the attachment of the whole or such portion of the properties claimed by the applicant as the properties secured in his favour or otherwise owned by the defendant as appears sufficient to satisfy any certificate for the recovery of debt.”
:ORDER:
In the circumstances pleaded, 2nd respondent/ 2nd defendant is hereby directed to show cause as to why he should not furnish security to the tune of OA claim in a sum of Rs.1,37,23,145.75p claimed in the O.A. (less the value of hypothecated and mortgaged properties in the OA) within 15 days from the date of receipt of this order, failing which to order attachment the IA schedule mentioned property to answer the OA claim herein.
Meanwhile, conditional attachment of the IA schedule mentioned property to the extent of OA claim of Rs.1,37,23,145.75p (less the value of hypothecated and mortgaged properties in the OA) together with further interest, is hereby ordered to secure the dues of the applicant bank, however subject to second charge of applicant bank, as the Encumbrance Certificate produced by the applicant bank reflects the mortgage of the IA
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schedule property vide Doc No.2059/2018 dated 25.09.2018 with
Repco Home Finance Limited.
Sd/-
(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the
23rd day of June, 2026)
IA SCHEDULE PROPERTY
SCHEDULE OF IMMOVABLE PROPERTY FOR ATTACHMENT
All that piece and parcel of House site measuring an extent of 1210 square fcct bcaring Plot No. 255,2",t Main Road, Venkateswara Nagar, Ramapuram, Chennai - 600 089, comprised in Survey No.179 of the Ramapuram Village , Ambattur Taluk, Thiruvallur District, and
Bounded on the
North by : Padmavathi land with Building
South by : Part of Vendor Land
East by : Park
West by : 30 Feet Road (Venkateshwara Nagar) 2nd Main Road Admeasuring with:
East to West on the Northern Side : 53 feet,
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East to West on the Southern Side : 55 feet, North to south on the Eastern Side : 22 ¾ feet, North to South the Western Side : 22 feet
And within the Registration District of Chennai -South and Joint Registration District of Saidapet Joint - II.
Sd/-
(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
1 issue framed by the court
Whether to grant attachment before judgment to secure debt recovery when defendants have not appeared and assets may be alienated.
Colour shows how this judgement treated each authority
NoneReferred
1 provisions across 1 enactments
DBS Bank India Limited
Mr.A.B. Baramdharan
Mr.A.B. Baranidharan
Mrs. Meenakshi
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.V. Gowramma
Parties & counsel
