Allowed

State Bank of India v. Suresh

DRT27 Aug 2026OA/1857/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an Original Application filed by State Bank of India for issuance of a Recovery Certificate against a defaulting borrower. The Tribunal reduced the claimed interest rate to 8% simple and directed recovery proceedings against scheduled properties and personal assets.

What did the court decide?

Issuance of Recovery Certificate for Rs. 1,80,70,628/- plus 8% simple interest from filing date, executable against schedule properties and personal assets.

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

¶1

IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

¶2

Dated this 27^th Day of August, 2026

¶3

Present: Sri. T. RAJESH Presiding Officer OA.No.1857/2024

¶4

BETWEEN:

¶5

State Bank of India Branch office at: No. 11/90, 3^rd floor, Near old shivaji Theater, Bangalore – 560 002

¶6

Rep by its Chief Manager

¶7

Mr. Binoy Kumar Shrivastava …APPLICANT

¶8

AND:

¶9

Mr. Suresh Devadiga S/o. Gopal Devadiga Aged about 46 years R/at: no. 325/2, 2^nd floor, 5^th main, 9^th cross, Malesh Palya, Near Chaithanya Tech School, Bangalore – 560 075

¶10

Having office at: The Kitchen

¶11

No. 845, ground floor, HAL 3^rd stage, Near thippasandra geethanjali layout, Bangalore – 560 075 ...DEFENDANT

¶12

Counsel on record/appeared for:

¶13

Applicant : R & J Associates Defendant : Ex parte

OA-1857/2024

FINAL ORDER

The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking for issuance of Recovery Certificate against the defendant for Rs 1,80,70,628/- (Rupees One Crore Eighty Lakhs Seventy Thousand Six Hundred and Twenty-Eight Only) with further interest thereon from the date of filing the Application till realization.

¶18

It is the case of the applicant that, the defendant is availed a housing loan of Rs. 1,65,35,000/- (Rupees One Crore Sixty-Five Lakhs Thirty-Five Thousand Only) for purchasing a site.

¶19

It is also the case of the applicant that, in view of the above availed loan, the defendant executed the necessary loan document along with deposit of title deeds.

¶20

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

¶21

In the above circumstances, the applicant approached this Tribunal by filing this OA seeking issuance of Recovery Certificate for the amount due in the account.

¶22

Despite, service of summons on the defendant, he failed to appear, resulting the defendant being set ex parte on 18.03.2026.

¶23

OA-1857/2024

¶24

¶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-11 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 proof affidavit.

¶27

The following issues arise for consideration in this matter:

¶28

i) Whether the applicant had succeeded in proving the OA claim as against the defendant?

¶29

ii) What order are to be passed?

¶30

Both these issues are gone into and decided together.

¶31

The case put forth by the applicant in the Application remains unrebutted as defendant remained ex parte. The evidence tendered by the applicant remains uncontroverted and undisputed.

¶32

The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facility as stated in the OA, and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.

¶33

OA-1857/2024

¶34

¶35

Hence in view of the finding arrived herein above, the Tribunal

¶36

finds that both these issues are in favour of applicant and hence, this Tribunal is of the view that OA is to be allowed.

¶37

Taking into consideration the facts that the credit facility is

¶38

availed for Housing purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal is of the view that the OA can be allowed with a reduced interest of 8.00% (simple).

¶39

In the result, OA.No.1857/2024, stands allowed,

¶40

i) The applicant is allowed to recover an aggregate sum of Rs. 1,80,70,628/- (Rupees One Crore Eighty Lakhs Seventy Thousand Six Hundred and Twenty-Eight Only) with further interest @8.00% p.a.(simple) from the date of filing OA till the realization, from the defendant personally, after giving credit to all the amount recovered and received during the pendency of the OA and allowed the same to be recovered by proceeding against the schedule properties. Properties schedule to the OA be the schedule to the recovery certificate.

¶41

ii) If the sale proceeds are not found sufficient to cover the amount due and payable to the applicant bank, the defendant personally and his assets are liable for all such amounts due under the loan accounts.

¶42

OA-1857/2024

¶43

¶44

iii) The applicant bank is allowed cost of the proceedings

¶45

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

¶46

receipt of the order.

¶47

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

¶48

and transferred to Recovery for execution.

¶49

v) Interim application pending, if any, are disposed of with this

¶50

Final Order.

¶51

Communicate a copy of the order to the parties concerned in

¶52

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

¶53

(Procedure) Rules, 1993.

¶54

[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 27^th Day of August, 2026].

¶55

Sd/-

¶56

(T. RAJESH) PRESIDING OFFICER

¶57

ANNEXURES

¶58

WITNESSES EXAMINED FOR THE APPLICANT BANK:

¶59

AW-1: Rajendra, S/o. Shivaputra, Chief Manager, of Applicant Bank.

¶60

Exhibits on the part of the Applicant:

¶61

Exhibi	Date	Documents
ts
A1	17.08.2021	Home loan application form
A2	17.08.2021	Memorandum of loan agreement
A3	23.08.2021	Agreement to mortgage
A4	17.08.2021	Memorandum of deposit (Borrowers property at RACPC/RCPC/RASMECCC/home branch)
A5	17.08.2021	Affidavit

¶62

OA-1857/2024

¶63

¶64

A6	17.08.2021	Deed of undertaking
A7	18.08.2021	Khatha undertaking
A8	17.11.2023	Demand notice andpostal receipt
A9	09.02.2024	Possession notice
A10	--------	Statement account no. 40377580618
A11	--------	Banker’s certificate
Witnes	s Examined fo	r the Defendant: -Nil -

¶65

List of Documents Exhibited for the Defendant: -Nil -

¶66

Sd/-

¶67

(T. RAJESH) PRESIDING OFFICER

State Bank of India v. Suresh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Suresh

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

Icici Bank Limited versus Shilpy

Bank of India versus Sh. Hardev Singh

Bank of India versus Amarjit Kaur

Santosh Kumari versus Central Bank of India

State Bank of India versus Mokksh

Ms Tamanna Enterprises versus Indian Bank