In an ex-parte application, the Debts Recovery Tribunal allowed the State Bank of India's claim for recovery of outstanding home loan dues of Rs. 28,92,099/- along with interest and costs after verifying the bank's evidence and account statements.
Recovery of Rs. 28,92,099/- with interest at 7% p.a. and 2% additional default interest, along with court costs.
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.233 of 2022
17.06.2026
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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI
Dated this the 17th day of June, 2026
Present: SMT. S.V. GOWRAMMA Presiding Officer
ORIGINAL APPLICATION No.233 of 2022
State Bank of India, Rep by its manager, Retail asset Central processing centre (OMR) New No.4/952 & 4/952A, 3rd floor, Rajiv Gandhi salai, Perungudi, Chennai-600 096 ….Applicant
-Vs-
West Tambaram,
Chennai- 600045
Also at:
Mr. B. Muthuselvan, Flat no.S-2, Second Floor, 1st Street, Old No.6, New No.13, Kannan Colony, Alandur, Chennai- 600016
Counsels on record / appeared:
Counsel for Applicant: M/s. S. Parthasarathy
Defendants 1 and 2 were set ex-parte on 21.11.2022
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: - FINAL ORDER- :
Brief Facts of the case:
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repayment terms of 240 Equated Monthly Instalments each amounting to Rs.21,738/- commencing from 10.01.2018.
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mortgage dated 03.03.2018 in favour if the applicant for the enhanced limit.
e) Deed of undertaking dated 01.12.2017 in favour of the applicant.
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and 2 through Registered Post with Acknowledgment Due, which was returned with postal endorsement as ‘Left’ in respect of D-1 and D-2. Applicant Bank had caused paper publication of the notice and filed proof thereof. When OA was taken up on 21.11.2022 even after giving sufficient time, there was no appearance or representation from the defendants. Hence, Defendants 1 and 2 were placed ex-parte on 21.11.2022.
Heard the submissions of Applicant Bank and perused the
records.
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Tribunal possesses necessary and proper jurisdiction to entertain and adjudicate the claim. No oral or documentary evidence on the side of defendants are produced or filed to dispute the claim of applicant bank. Hence, it can be concluded that applicant bank has proved its claim against defendants.
: O R D E R :
13. The OA is allowed with costs,
(a) The applicant bank is allowed to recover from the Defendants 1 and 2 jointly and severally, for recovery of a total sum of Rs.28,92,099/- (Rupees Twenty Eight Lakhs Ninety Two Thousand Ninety Nine only) due in respect of Home Loan (A/c
No. 37335065862) repayable together with further interest @7.00% p.a. with monthly rests and 2% additional interest
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chargeable for defaulted period from the date of Application till the date of realization in full along with costs of this application.
(b) The sum of Rs. 31,90,000/- realized by way of sale of schedule mentioned immovable property is directed to be given credit to the borrower’s loan account as on date of realization.
(c) 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.
(d) The applicant bank shall file memo of costs within ten days from the date of receipt of this final order.
(e) Recovery Certificate shall be drawn up and issued to the
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 17th day of June, 2026)
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ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK :
AW-1: Sh. A.Maniraja, Manager of the Applicant Bank
Exhibits on the part of the Applicant:
| Sl. No. |
Date | Description of Documents | Exhibit No. |
|---|---|---|---|
| 1. | 12.10.2017 | Application from the borrower | A-1 |
| 2. | 01.12.2017 | Sanction letter for Rs.28,80,000/- lakhs towards housing loan |
A-2 |
| 3. | 01.12.2017 | Memorandum of loan agreement | A-3 |
| 4. | 01.12.2017 | Affidavit for housing loan for purchase of flat |
A-4 |
| 5. | 01.12.2017 | Agreement to mortgage | A-5 |
| 6. | 03.03.2018 | Confirmation letter for equitable mortgage | A-6 |
| 7. | 01.12.2017 | Deed of undertaking | A-7 |
| 8. | 06.12.2017 | Sale deed in document no.5505/2017 | A-8 |
| 9. | 30.03.2018 | Memorandum of deposit of title deeds in document no.1726 of 2018 |
A-9 |
| 10. | 04.01.2022 | Demand notice under section 13(2) of SARFAESI Act. |
A-10 |
| 11. | 09.03.2022 | Possession notice under section 13 (4) of the act |
A-11 |
| 12. | 27.06.2022 | Legal notice issued to the defendants | A-12 |
| 13. | 26.05.2022 | Statement of account for loan account no.37335065862 along with certificate under Bankers Book evidence act |
A-13 |
Witness Examined for the Defendants: -Nil-
List of Documents Exhibited for the Defendants: -Nil –
SCHEDULE OF PROPERTY
The mortgaged property has been sold under SARFAESI Act
Sd/(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI
1 issue framed by the court
Whether the applicant bank is entitled to recover dues under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993.
2 provisions across 1 enactments
State Bank of India
Mr. B. Muthuselvan
Mrs. B. Nishashri
S.V. Gowramma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
