Allowed

Idbi Bank v. Zameer Ahammad Khan M and Others

DRT22 May 2026OA/2035/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's standalone application for issuance of a Recovery Certificate against multiple defendants (principal borrower, builder, and property owners) for outstanding home loan dues, noting the defendants appeared ex parte.

What did the court decide?

Issuance of Recovery Certificate for Rs. 32,64,224/- plus 8% simple interest from filing date, recoverable jointly/severally/personally from defendants and attached property.

Idbi Bank versus Zameer Ahammad Khan M and Others — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 22^nd Day of May, 2026

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Present: Sri. T. RAJESH Presiding Officer

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OA.No.2035/2023

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BETWEEN:

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IDBI Bank Limited, Retail recovery-REG, No. 58, IDBI House, Mission Road, Bengaluru-560027. Represented by its Deputy General manager, Sri. G. Basanth Chakravarthy.

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…APPLICANT

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AND:

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Mr. Zamer Ahamad Khan M S/o Mr. k Gawali Mahammad, Aged about 51 years 6/15, Ground Floor, 1^st Cross, Bismilla Nagar, B.G. Road, Bengaluru-560029.

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M/s Landstar Homes Partnership Firm represented by Partners a) Mr. K Uma Maheshwara Reddy b) Mrs. Lakshmi Rangaswamy No. H-108, Sriram Spurti Aecs Layout, Brooke Fields, Bengaluru-560037.

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Mr. K Uma Maheshwara Reddy S/o Mr. K Veera Reddy Aged about 44 years “Ravana” No. 330/2, 1^st Cross, S R layout, Mrugesh Palya, Bengaluru-560017.

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Mrs. Lakhmi Rangaswamy W/o Mr. Chennanrangaswamy Aged about 41 years

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OA 2035/2023

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#H-108, Sriram Spurti, Aces layout, Brooke Fields, Kundalahalli, Bengaluru-560037.

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Mrs. R. Audi Lakshmi W/o Mr. R Prathap Kumar Reddy, Aged about 48 years Flat No. A-4, Samhitha Ritz Apartment, Rahath Bagh, Nagavarapalya, C V Ram Nagar Post, Bengaluru-560093.

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Mrs. I Kavamma W/o Late Sri I venka Reddy, Aged about 74 years No. 1-134, Old Town, Kanigiri Prakasham District.

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Mr. K Parameshwara Reddy S/o Sri Sundararama Reddy, Aged about 56years No. 2-3-140/A Blossom House, Adarsh Nagar, Road No.1, Nagole, Hyderabad. ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : T P Muthanna Defendants : EXPARTE

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FINAL ORDER

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The present Original Application in short (OA) has been filed under section 19 of Recovery of Debts and Bankruptcy Act 1993 seeking issuance of Recovery Certificate against the defendants for Rs. 32,64,224/- (Rupees Thirty Two Lakh Sixty Four Thousand Two hundred Twenty Four Only) with

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further interest thereon from the date of filing the Application till realization.

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OA 2035/2023

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It is the case of the applicant that the defendants No. 1 availed housing loan facility of Rs. 35.00 Lakhs. Defendant No.2 is the Builder & developer. The defendants Nos. 5 to 7 are the joint owners of the property, Defendant No.3 the builder & Developer and the Bank have entered into Tripartite agreement.

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It is also the case of the applicant that, in view of the above availed loans, the defendants executed necessary loan documents along with on demand promissory note and Tripartite agreement.

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

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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.

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Despite, Summons on defendants they failed to appear resulting the defendants being set exparte on 20.03.2025.

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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-13 and got the same marked in evidence.

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Heard the Ld. Counsel for the Applicant and considered the contentions as taken in the OA in the light of documentary evidence and

OA 2035/2023

proof affidavit.

The following issues arise for consideration in this matter:

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

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ii) What order are to be passed?

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Both these issues are gone into and decided together.

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The case put forth by the applicant in the Application remains unrebutted as defendants remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facilities as stated in the OA, and the defaults committed in the accounts. The liability of the defendants and the claim

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of the amount due are also proved by the above documents. The claim of the applicant is well within the limitation.

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

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

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Taking into consideration the facts that the credit facility was

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availed for Housing purpose and also that the OA claim is arrived at by calculating interest at the agreed rate, this Tribunal in view of the OA can

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OA 2035/2023

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be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.2035/2023, stands allowed,

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i) The applicant is allowed to recovery an aggregate sum of Rs.

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32,64,224.00/- (Rupees Thirty Two Lakhs Sixty Four Thousand Two Hundred Twenty Four Only) with further interest @8.00 % p.a.(simple) from the date of filing OA till the realization, from the defendants jointly, severally & 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 proceedings against the defendants jointly, severally and

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personally and also their assets including the schedule property. Properties schedule to the OA be the schedule to the recovery certificate.

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ii) The applicant bank is allowed cost of the proceedings which

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applicant to file cost memo within 7 days from the date of receipt of the order.

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iii) The Recovery Certificate to be drawn in terms of this order and transferred to Recovery for execution.

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iv) Interim application pending, if any, stands disposed of in terms of this final order.

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Communicate a copy of the order to the parties concerned in terms

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OA 2035/2023

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

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Rules, 1993.

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[Dictated to the Stenographer (DV), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 22^th day of May, 2026].

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Sd/- (T. RAJESH)

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PRESIDING OFFICER

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Vageesha Javali, Manager of Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Date	Particulars of Documents
A1	12.09.2019	Copy of the Home Application
A2	24.09.2019	Copy of Sanction Letter
A3	30.09.2019	Copy of Home Loan Agreement
A4	30.09.2019	Copy of Power of Attorney
A5	30.09.2019	Copy of the Affidavit
A6	30.09.2019	Copy of the Affidavit
A7	30.09.2019	Copy of the Indemnity Bond
A8	11.09.2019	Copy of the Agreement for sale cum Construction Agreement
A9	27.09.2019	Copy of the Tripartite Agreement executed by the Defendants and Application Bank
A10	09.06.2023	Copy of the Loan Recall Notice to the Defendants No.1
A11	30.08.2023	Copy of the Notice issued to the Defendants No.2
A12	30.08.2023	Copy of the Notice issued to the Defendants No.5 to 7
A13	--	Copy of the statement of accounts certified under banker’s Book of Evidence Act- Showing the outstanding liability under Home Loan Account No. 1545675100007283

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OA 2035/2023

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Witness Examined for the Defendants: List of Documents Exhibited for the Defendants:

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-Nil -

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-Nil -

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(T. RAJESH)

Idbi Bank v. Zameer Ahammad Khan M and Others

Case brief

What is this about?

What did the court decide?

Idbi Bank v. Zameer Ahammad Khan M and Others

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

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