Allowed

Canara Bank v. Smt Rebelli Geetha

DRT11 Feb 2026OA/19/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the Applicant Bank's recovery claim against two defendants for a housing loan default. The court held the defense regarding RBI guidelines and limitation as untenable. The applicants were ordered to pay the claimed sum with interest and were granted costs and an issue of recovery certificate.

What did the court decide?

Defendants ordered to pay Rs.25,20,398.35 with interest; permission to proceed against mortgaged and personal properties; issue of recovery certificate.

Canara Bank versus Smt Rebelli Geetha — Insurance | DRT (2026)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.I^{AT HYDERABAD}

¶2

DATED THIS THE 1ITH DAY OF^{FEBRUARY,2026}

¶3

PRESENT: SRI GUMMADI^{GOPICHAND,PRESIDING OFFICER}

¶4

OA.No.19 ot 2O25

¶5

Between:

¶6

Canara Bank, (E-syndicate bank) Branch office at^D'No.1-7-70, Madhu comPlex, Khammam - 507^003. Represented bY^{its Chief Manager}

¶7

Applicant

¶8

VERSUS

¶9

Smt Rebelli^Geetha, w/o late Rebelli^{Shiva Kumar, -} aged about⁴¹ Years,

¶10

occ: self emPloYed,^female,

¶11

Sri ThiruPathi^{Pedda Mallaiah,} s/o Veeraiah,^{aged about55} Years, occ: self employed,^male,

¶12

both are^{R/o H.No.12-l2ol5,} CC road, Srinagar^{colonY,Thorrur,} Warangal, TS -^{506 163.}

¶13

Counsel for^{the Parties:}

¶14

Smt Tarangini^PisiPati

¶15

For the ApPlicant

¶16

Sri N. GoPalN. GoPalGoPal

¶17

Sri N. GoPalN. GoPalGoPal Defendants 06.01.2026 Orders reserved^on tt.02.2026 Pronounced^on

¶18

tt.02.2026

¶19

t|.02.2026

¶20

Uploaded^{in websiteon}

¶21

(oA.No.19/202s)

¶22

ORDER

¶23

The Applicant Bank^{filed the present oA against Defendants for} recovery of a total^{sum of Rs.25,2o,398.35ps(RupeesTwenty Six} Lakhs Twenty Thousand^{Three HundredNinetyEight and Paise} Thirtyfiveonly)[email protected]/op'awithmonthlyrestsfrom 24.72'2024tillthedateofrealizationandindefaultforsaleof mortgaged^{property as mentioned in the schedule to OA'}

¶24

As^per the averments^{in the application,the ApplicantBank} StatesthatthedefendantNo'listheborroweranddefendantno.2 stoodaSguarantortotheloanavailedhousingloanfacilityofRs'17.60 lakhs on 31'01'2018.^{The defendantsexecuted housingloan} agreement^{and guaranteeagreement dated 31'01'2018' The} defendant^{no.1 purchasedthe scheduleproperty (more fully} mentionedinthescheduletoOA)videsaledeeddated12'02'2018 and deposited^{the regd documentno'L773/20I8with the Applicant} bank. It^{is submitted by the Applicant bank that the Defendants} availed the^{said loan facilities and failed to keep up the repayment} schedule,as-suchtheaccountwasclassifiedaSNPAon30.l0.20lS issuednotices.InspiteofdemandsmadebyApplicantthe d have not^{regularized the account, and the Applicant bank} ll notice dated^{25.12.2024,bul the defendantsdid not} ,rlffi'"1 co ard to repay^{the same. The total claim of Applicant against} nts is of Rs.26,2o,398.35ps^{(RupeesTwenty Six Lakhs}

¶25

(OA.No.19/202s)

¶26

Twenty Thousand Three Hundred^{Ninety Eight and Paise Thirty} five only) with interest @^{10.80o/op'a with monthlyrests from} 24.L2.2024 till the date of^{realization.Hence the OA.}

¶27

The Defendants^{filed writtenstatementand denied the averments} made in oA. It^{is submittedthat the defendantsare not aware of the} documents^{such as housing loan agreement, guaranteeagreement} and sale deed dated^{t2.o2.2}t9. The defendants deniedthe deposit} oftitledeedsdated2S.o2.2ol8andfurthercontendedthatallthe documentsarefabricatedafterobtainingsignaturesofdefendants.It is further submitted^{that the defendant no'1 lost her husband and had} financialstrugglesandreiteratedthatsheisnotawillfuldefaulter. Hence PraYed^{for dismissal of OA'}

¶28

I have^{perusedthe documents placedon record'}

¶29

Heard^{the arguments.}

¶30

Now,^{the points that arise for considerationare:}

¶31

i) Whether the Applicant Bank has proved its claim as made in OA
against the defendants ?
o{
ii) To what relief ? ,,F

Point No.i): iif :t 11 rEB :rrtz6

¶32

(oA.No.19/202s)

¶33

Mr. Yakkala Srinivasa Rao, Manager / AW.1 who was examined on behalf of the Applicant clearly deposed about the liability of the defendants. Exhibits A.1 to A.10 are marked through AW.1. Defendant No.1 examined herself as DW.1 and filed Ex.B.1.

¶34

AW.1 was not cross examined by the defendants. Even though the 1st defendant examined herself as DW.1 and filed^Exhibits B,1,^his evidence is in noway helpful to her. The defendants^{having taken the} plea that the applicant bank did not follow the RBI^guidelines and that the^present OA was barred by^{limitation,failed to place any substantial} proof to that effect. Moreover, a^perusal of the documents exhibited by the Applicant bank makes^clear that^{all the relevant documentsare} executed by the defendantsⁱⁿ the^{normal course of transaction.The} defendants very^{vaguely contended that particulars madein the OA} are not correct. But as^{per the statementof accounts,the defendants} are liable to^pay the OA claim'^{Considering all the circumstances, I} am of opinion that^{the defense taken by the defendantsis not tenable.} Hence the applicant bank is^{entitledto claim the OA amount from} defendants. Therefore, the^{OA claim deserves to be allowed against} the defendants.

¶35

I application is allowed with costs as

¶36

1. In ths nesul! T"rPfi"tfif,

¶37

(oA.No.19/202s)

¶38

The Defendants are jointly and severally liable to pay to Applicant Bank a total sum of Rs.25,20,398.35ps (Rupees Twenty Six Lakhs Twenty Thousand Three Hundred Ninety Eight and Paise Thirty five only) with interest @ 10.80o/o p.a from 24.12.2024 till the date of realization ;

¶39

The Applicant bank is entitled to^proceed against the mortgaged property as mentioned in the schedule to OA towards realization of the debt due.

¶40

The Applicant bank is also entitled to^proceed against the^person and properties of defendants towards realization of the debt due.

¶41

The Applicant Bank is entitled to the costs of the OA.

¶42

L2. The Applicant shall file a cost memo^{within two weeks from the date} of receipt of order.

¶43

Issue Recovery^{certificateaccordingly.}

¶44

Communicate a^{copy of the order to the parties concerned.}

¶45

(Dictated to the P.A., transcribed^{by her, corrected,signedand pronouncedby me in the opencourt on} this thi< the the 1 lth1r- da v y of Feb' 2026)2026)

¶46

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¶47

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¶48

(G. GOPICHAND)
PRESIDING OFFICER
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U'i*r.R&N'
Ocf_i, ti',ni.'^.. itl O.
5

Canara Bank v. Smt Rebelli Geetha

Case brief

What is this about?

What did the court decide?

Canara Bank v. Smt Rebelli Geetha

Case brief

What is this about?

What did the court decide?

What the court decided

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