Allowed

State Bank of India v. Tabbasum

DRT17 Feb 2026OA/1428/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the applicant bank's original application for recovery of Rs. 80,30,462/- along with future interest, directing the respondents to pay the amount jointly or severally and allowing the sale of mortgaged property.

What did the court decide?

Payment of Rs. 80,30,462/- plus future interest at 9% p.a.; direction to sell mortgaged property; issuance of recovery certificate.

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

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Presented on .. 02.05.2023 Registered on .. 04.11.2023 Decided on .. 17.02.2026 Duration .. Y—M—D 02--09--15

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No. 1428/2023.

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State Bank of India,

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A Banking Company constituted under the State Bank of India Act, 1955, and having its Corporate Office at State Bank Bhavan, Nariman Point, Madam Cama Road, Mumbai 400 021 and its branch at – Ichalkaranji, Kolhapur where the Credit facilities were granted and thereafter account migrated to State Bank of India, Stressed Assets Recovery Branch, Second Floor, Wardhaman, Seven Loves Chowk, Plot No. 321/A/3, Mahatma Phule Peth, Pune 411042.

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… Applicant

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Versus

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1 Mrs. Tabbasum Shabir Momin, 20/1590, Hanuman Nagar, Galli No. 4, Ichalkaranji, Taluka Hatkanagale – 416 115, District Kolhapur.

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2 Mr. Attaulla Bashir Momin, 20/1590, Hanuman Nagar, Galli No. 4, Ichalkaranji, Taluka Hatkanagale – 416 115, District Kolhapur.

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… Defendants

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Sanap ( OA No. 1428/2023 ) 1 of 5

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Appearances :- For Applicant Advocate Sudha Koloti. For Defendants Ex parte.

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Total Claim Amount – Rs.80,30,462/-

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JUDGMENT

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(Delivered on 17^th February, 2026)

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The Applicant Bank has filed the present application for recovery of the sum of Rs.80,30,462/- together with future interest @9% per annum from the date of Application till realization of the entire dues from the defendants.

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Brief facts of the application are as under :-

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As per the loan application dated 04.01.2017 for purchasing house property by defendant Nos.1 and 2, the applicant Bank sanctioned the aggregating amount of Rs.51,00,000/- consisting of two facilities i.e. Home loan facility of Rs.48,00,000/- and Funding of Home Loan Insurance Cover for Rs.3,00,000/- to defendant Nos.1 and 2 vide Arrangement Letter dated 08.02.2017.

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In order to secure the aforesaid loan facilities, the defendants have executed necessary loan and security documents in favour of the applicant Bank. The defendants have also created Memorandum of Deposit

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Sanap ( OA No. 1428/2023 ) 2 of 5

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08.02.2017 in favour of the applicant Bank and thereby mortgaged all that piece and parcel of Gat No. 78(part) admeasuring 371.74 square meters rear side area of Dake Yasholaxmi Mangal Karyalaya Jawahar Nagar, Ichalkaranji Kabnoor.

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The applicant Bank contended that the defendants committed defaults in payment of installments and failed to regularize the accounts. Hence, on 04.05.2018, the applicant Bank has classified the account of the defendants as Non-Performing Asset in accordance with guidelines of Reserve Bank of India. Thereafter, on 14.02.2023, the applicant Bank issued legal Notice to the defendants. Despite service of Notice, the defendants failed and neglected to pay the outstanding dues of the applicant Bank.

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Hence, this application is filed.

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The defendants failed to appear despite service of summons. Hence, the application proceeded ex-parte against the defendants as per Order dated 16.07.2025 passed below Application (Exhibit-1).

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The applicant Bank has filed Claim Affidavit of evidence (Exhibit-6) of Mr. Ruddhshil Chandan Meshram, Chief Manager of the applicant Bank, and has produced on

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Sanap ( OA No. 1428/2023 ) 3 of 5

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record the original loan transaction documents at Sr. Nos. AW-1 to AW-21 along with list (Exhibit 7), which corroborates the case of the applicant Bank.

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I have heard arguments of the learned Advocate for the applicant Bank.

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Since the defendants failed to appear and contest the application, I find no reason to disbelieve evidence of the applicant Bank. Therefore, the applicant Bank is entitled for reliefs as claimed.

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The applicant Bank has claimed future interest @9% per annum. Considering the facts of the case, I am of the opinion that if future interest is granted @9% per annum (simple), it would be just and reasonable rate of interest.

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Hence, I pass the following order.

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O R D E R

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A} Original Application No. 1428/2023 is allowed with costs.

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B} Defendant Nos.1 and 2 either jointly or severally shall pay to the applicant Bank the sum of Rs.80,30,462/(Rupees Eighty Lakh Thirty Thousand Four Hundred Sixty Two only) along with future interest @9% per annum from the date of filing of the Original Application i.e. 02.05.2023 till full payment/realization

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Sanap ( OA No. 1428/2023 ) 4 of 5

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of the amount mentioned in this operative order.

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C} The aforesaid adjudicated amount is secured by the mortgage in respect of all that piece and parcel of Gat No. 78(part) admeasuring 371.74 square meters rear side area of Dake Yasholaxmi Mangal Karyalaya Jawahar Nagar, Ichalkaranji Kabnoor, District Kolhapur, more particularly described in the Para No. 5.6 and 6 of the Original Application.

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D} The applicant Bank is entitled to sell the mortgaged property to recover its dues.

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E} Issue Recovery Certificate.

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F} The Registrar is directed to send the copy of Judgment and Recovery Certificate to the applicant and defendants.

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Sd/( Dilip G. Murumkar ) Place : Pune Presiding Officer Date : 17.02.2026 Debts Recovery Tribunal, Pune.

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Sanap ( OA No. 1428/2023 ) 5 of 5

State Bank of India v. Tabbasum

Case brief

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State Bank of India v. Tabbasum

Case brief

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