The Debt Recovery Tribunal allowed an OA filed by Bank of India against the defendant for recovery of a home loan. Relief includes the principal sum, interest, and powers to sell the mortgaged property and personal assets to recover dues.
Recovery of Rs.43,51,715.84 with interest, costs, and liberty to sell mortgaged property and other assets for balance dues.
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.
O.A. No. 197 of 2022
07.04.2026
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 07th day of April, 2026
Present: SMT. S.V. GOWRAMMA Presiding Officer
ORIGINAL APPLICATION No. 197 of 2022
Bank of India, Tiruvallur branch, Represented by its Senior Manager, 169A, J.N Road, Opp to LIC, Thiruvallur -602 001 ….Applicant -Vs-
Mr. Dilli Ganesh K.P, S/o, Koduvan Gopalan Prakash, Plot no.11, Gandhi Nagar, Puthur, Agaramthen, Chennai- 600 126 ....Defendant
Counsels on record / appeared:
Counsel for Applicant : M/s. B. Sivakollapan
Defendant was set ex-parte on 01.09.2022
: - FINAL ORDER -:
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Brief Facts of the case:
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district, measuring 1800sq.ft comprised in S.No.10/3A, Patta No.1079 as per patta New. S. No. 10/3A1A1A1A which is morefully described in the schedule appended to the O.A.
a) Loan application dated 04.06.2019
b) Loan sanction letter dated 28.06.2019 duly acknowledged by the borrower.
c) Home loan agreement dated 28.06.2019 executed by borrower (L513)
d) Demand promissory note dated 28.06.2019 executed by borrower (L513)
e) Bearer letter dated 28.06.2019 executed by borrower (L434) f) Letter of instalment dated 28.06.2019 executed by borrower (L440)
g) MCLR agreement dated 28.06.2019 executed by borrower
h) Letter of multiple undertaking dated 28.06.2019 executed by borrower (L516)
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loan facility availed by the defendant.
Heard the submissions of Applicant Bank and perused the record s.
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of averments made in Original Application as well as Proof Affidavit filed by applicant bank establishing its claim. Applicant bank filed Statement of Accounts duly certified under Bankers’ Book Evidence Act, evidencing the amount claimed against defendant.
: O R D E R :
15. The OA is allowed with costs,
(a) The applicant bank is allowed to recover from the Defendant, a sum of Rs.43,51,715.84p (Rupees Forty Three Lakhs Fifty One Thousand Seven Hundred and Fifteen and Eighty Four paisa only) due in respect of Home Loan (A/c No.805875110000070) repayable together with further interest @7.45% p.a. with monthly rests from the date of Application till the
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date of realization in full, along with costs of this application.
(b) In the event of failure of the Defendants to pay the aforesaid amount, the bank is at liberty to recover the amount by sale of the schedule mentioned immovable property morefully detailed in the OA schedule.
(d) If the sale proceeds of the immovable property is not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the Defendant (both movable and immovable) to recover the balance dues as required under law for which the Defendant to disclose to the Tribunal particulars of other properties or assets owned by the Defendant.
(e) The applicant bank shall file the latest memo of calculation of OA amount together with interest, costs etc., to be paid by the Defendants duly considering the amounts, if any, paid by the Defendant and/or amount realized by sale of assets etc., during the intervening period after the filing of the OA, enabling the Registry to prepare Recovery Certificate for the amount to be paid by Defendants to the applicant bank.
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Recovery Officer in terms of the final order.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
(Dictated to Roshnee, transcribed by her, corrected, signed and pronounced by me on this the 07th day of April, 2026)
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Mr. Jayaraj Mannikath, Chief Manager of the Applicant Bank
Exhibits on the part of the Applicant:
| Sl. No. |
Date | Description of Documents | Exhibit No. |
|---|---|---|---|
| 1. | 04.06.2019 | Housingloan application. | A-1 |
| 2. | 28.06.2019 | Sanction letter duly acknowledged by the borrower |
A-2 |
| 3. | 28.06.2019 | Home loan agreement | A-3 |
| 4. | 28.06.2019 | Demand promissory note | A-4 |
| 5. | 28.06.2019 | Bearer letter executed by the borrower(L435) |
A-5 |
| 6. | 28.06.2019 | Letter of instalment executed by the borrower (L440) |
A-6 |
| 7. | 28.06.2019 | MCLR agreement executed by borrower. | A-7 |
| 8. | 28.06.2019 | Letter of multiple undertaking executed by the borrower(L516) |
A-8 |
| 9 | 02.07.2019 | Sale deed in the name of borrower | A-9 |
| 10 | 23.07.2019 | Memorandum of deposit of title deed executed by defendant in favour of the applicant bank. |
A-10 |
| 11. | 28.06.2019 to 13.01.2022 |
Statement of accounts | A-11 |
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Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
SCHEDULE OF PROPERTY
All that piece and parcel of land bearing Plot no.4 measuring an extent over of 1800sq.ft comprised in S.No.10/3A, Patta no.1079 as per patta new S. No. 10/3A1A1A1A with a building in the ground floor and first floor admeasuring an extent of 1025Sq.ft of super built up area including common area and one covered car park situated at Gandhi Nagar, Puthur village, Chengalpattu taluk, Kancheepuram district and being bounded on the
North by : 20ft wide road. South by : Plot no.7 East by : Plot no.5 and West by : Plot no.3
And Property lying within the Registration District of Chennai South and the Sub-Registration District of Tambaram.
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
3 issues framed by the court
Whether the Applicant Bank recovered a sum of Rs.43,51,715.84 along with interest under Section 19 of RDB Act, 1993.
Whether the Tribunal has jurisdiction to adjudicate the claim within the limitation period.
Whether the Applicant Bank is entitled to sell the mortgaged property in case of default.
2 provisions across 1 enactments
Bank of India, Tiruvallur branch
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
