Allowed

Bank of India v. Andhra Spicy House

DRT16 Apr 2026OA/366/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal directed respondents to furnish security for a debt claim of Rs. 72 Lakhs. Upon failure, the property is to be attached temporarily under Section 19(13)(A) of the RDB Act to prevent disposal and secure dues.

What did the court decide?

Directed respondents to furnish security of Rs. 72,10,740.09p within 15 days; ordered conditional attachment of specified property if security is not provided.

Bank of India versus Andhra Spicy House — Execution and Attachment | DRT (2026)

¶1

IA No.1839/25 in OA 366/24

¶2

15.04.2026

¶3

¶4

IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

¶5

Dated this the 15^th day of April, 2026

¶6

Present: SMT. S.V. GOWRAMMA Presiding Officer

¶7

I.A. No.1839 of 2025 in O.A. No. 366 of 2024

¶8

BANK OF INDIA Chrompet Branch No. 7, CLC Works Road, Chrompet, Chennai 600044. Represented by its Constituted Attorney

¶9

...Petitioner/Applicant

¶10

-Vs-

¶11

M/s. ANDHRA SPICY HOUSE

¶12

Proprietorship Concern

¶13

Represented by its Proprietor

¶14

Mrs.S.Jyothi

¶15

No. 19, CLC Works Road

¶16

Chrompet, Chennai-600 044.

¶17

Mrs.S.Jyothi

¶18

W/o. Mr. Sridhar

¶19

No.33J, First Cross Street,

¶20

Chandran Nagar,

¶21

Thiruneermalai,

¶22

Chrompet, Chennai 600 044 ….Respondents/Defendants

¶23

: - ORDER ON IA NO.1839 of 2025 - :

¶24

The Original Application is filed by the Applicant Bank against the

¶25

Defendants, seeking for recovery of money due from Defendants jointly

¶26

and severally to pay a sum of Rs.72,10,740.09p (Rupees Seventy Two

¶27

Lakhs Ten Thousand Seven Hundred and Forty and Nine Paise only)

¶28

repayable together with further interest and costs.

¶29

IA No.1839/25 in OA 366/24

¶30

15.04.2026

¶31

¶32

The Applicant Bank has filed the present petition i.e., I.A.No.1839/2025 with affidavit of the Constituted Attorney of applicant bank, praying to direct the respondents/defendants to furnish security for the sum of Rs.72,10,740.09p claimed in the O.A, and in the event of the respondents/defendants failing to furnish security as directed by this Tribunal, pass an order of attachment of the schedule mentioned property, pending disposal of the above OA.

¶33

In the affidavit filed along with IA, it is contended that the 1^st respondent / defendant had have availed Term Loan of Rs.45 Lakhs, 2^nd Term Loan of Rs.8,50,000/- vide Sanction Letter dated 16.09.2019 and 18.06.2020. After availing the loans, the respondents/defendants failed and neglected to pay the dues properly and the accounts became NPA on 29.07.2023. Inspite of several demands, defendants did not come forward to repay the dues. Hence the applicant bank had filed the OA No.366/2024 for recovery of its dues from defendants.

¶34

It is further submitted by the applicant bank the loan is secured by hypothecation of movable assets, which are not available as on date. The defendants have been set ex-parte on 24.01.2025 and the OA is in the stage of filing of Proof Affidavit. Subsequent to filing of the above original application, the Applicant had identified a property of the Defendant being land bearing Plot No.145 measuring 1200 sq.ft, Plot No.146 measuring 1200 sq.ft and Plot No. 112 measuring 1200 sq.ft altogether admeasuring 3600 sq.ft situated in the Housing Layout "STAR CITY" as per Patta No.597,

¶35

IA No.1839/25 in OA 366/24

¶36

¶37

15.04.2026

¶38

Survey No.20/2, situated at Pillaiyar Kuppam Village, Kadambattur Union, Thiruvallur Taluk, Thiruvallur District with metes and bounds thereof morefully described in the Schedule to the IA. The Defendant obtained title over the schedule property vide Sale Deed dated 13.03.2014 registered as Doc.No.944/2014, SRO Perambakkam.

¶39

The petitioner/applicant is apprehensive that the respondents/defendants might take steps to dispose off the schedule property with the intention of delaying the recovery proceedings initiated by the petitioner/applicant and to obstruct and delay execution of the orders of this Tribunal. It is therefore just and necessary that an order attaching the schedule property before judgment of is passed. Unless an order attaching the schedule property is passed, the petitioner/applicant will not be able to recover its dues and thus will be put to grave and irreparable loss and hardship. Now the entire claim amount in the above O.A. is unsecured. Hence the present application is filed praying to direct the respondents to furnish security to the OA claim, failing which to order attachment of the property mentioned in the Schedule to the IA, till the disposal of the OA.

¶40

Heard and perused the records produced along with the IA.

¶41

The Applicant Bank has filed the above I.A. on the premise that the respondents may alienate or dispose of or create third-party interest on the properties morefully described in the schedule to the IA.

¶42

IA No.1839/25 in OA 366/24

¶43

15.04.2026

¶44

¶45

It is a matter of record that the OA was filed for recovery of sum of Rs.72,10,740.09p, which is a colossal sum of money. Considering the amount of claim involved in this case and the balance of convenience, the present IA is to be allowed by keeping open the merits of the case and without prejudice to the rights of both the parties. By doing so, no prejudice, no harm and loss will be caused to the Defendants.

¶46

As per Section 19 (13)(A) of RDB Act,

¶47

“ Where, at any stage of the proceedings, [the Tribunal on an application made by the applicant along with particulars of property to be attached and estimated value thereof, or otherwise] is satisfied that the defendant, with intent to obstruct or delay or frustrate the execution of any order for the recovery of debt that may be passed against him

¶48

(i)is about to dispose of the whole or any part of his property; or (ii)is about to remove the whole or any part of the property from the local limits of the jurisdiction of the Tribunal; or

¶49

(iii)is likely to cause any damage or mischief to the property or affect its value by misuse or creating third party interest,

¶50

the Tribunal may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Tribunal, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy

¶51

IA No.1839/25 in OA 366/24

¶52

15.04.2026

¶53

¶54

the certificate for the recovery of debt, or to appear and show cause why he should not furnish security.

¶55

(B)Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Tribunal, the Tribunal may order the attachment of the whole or such portion of the properties claimed by the applicant as the properties secured in his favour or otherwise owned by the defendant as appears sufficient to satisfy any certificate for the recovery of debt.”

¶56

As the Applicant Bank has prima facie established the essential ingredients for granting an order of temporary injunction restraining the respondents in respect of the properties mentioned in the schedule to the petition, this Tribunal proceeds to pass the following order:

¶57

:ORDER:

¶58

In the circumstances pleaded, respondents are hereby directed to show cause as to why they should not furnish security to the tune of OA claim in a sum of Rs.72,10,740.09p within 15 days from the date of receipt of this order, failing which to attach the IA schedule mentioned property to answer the OA claim herein.

¶59

Meanwhile, conditional attachment of the IA schedule mentioned property to the extent of OA claim of Rs.72,10,740.09p together with further interest is hereby ordered to secure the dues of the applicant bank.

¶60

IA No.1839/25 in OA 366/24

¶61

15.04.2026

¶62

¶63

The Registry is directed to communicate this Order to the Concerned Sub Registrar Office/ Village Officer for necessary action and for records.

¶64

IA Schedule property shall form part of this order.

¶65

Sd/-

¶66

(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

¶67

(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the 15^th day of April, 2026)

¶68

IA SCHEDULE PROPERTY

¶69

All that piece and parcel of the land bearing Plot No.145 measuring 1200 sq.ft, Plot No.146 measuring 1200 sq.ft and Plot No.112 measuring 1200 sq.ft altogether admeasuring 3600 sq.ft situated in the Housing Layout "STAR CITY" as per Patta No.597, Survey No.20/2, situated at Pillaiyar Kuppam Village, Kadambattur Union, Thiruvallur Taluk, Thiruvallur District and land being bounded on the:

¶70

PLOT NO.145 BOUNDED ON THE:

¶71

North By: Plot No.112

¶72

South By: 30 Feet Road

¶73

East By: Plot No.146

¶74

West by: Plot No.144.

¶75

PLOT NO 145 MEASURING:

¶76

East to West on the Northern side: 30 feet

¶77

East to West on the Southern side: 30 feet

¶78

North to South on the Eastern side: 40 feet

¶79

North to South on the Western side: 40 feet

¶80

IA No.1839/25 in OA 366/24

¶81

15.04.2026

¶82

¶83

PLOT NO.146 BOUNDED ON THE :

¶84

North By: Plot No.111 South By: 30 Feet Road East By: Plot No.147

¶85

West by: Plot No.145.

¶86

PLOT NO 146 МEASURING:

¶87

East to West on the Northern side: 30 feet East to West on the Southern side: 30 feet North to South on the Eastern side : 40 feet North to South on the Western side: 40 feet

¶88

PLOT NO 112 BOUNDED ON THE:

¶89

North By: 23 Feet Road South By: Plot No.145 East By: Plot No.111

¶90

West by: Plot No.113.

¶91

PLOT NO 112 MEASURING:

¶92

East to West on the Northern side: 30 feet East to West on the Southern side : 30 feet North to South on the Eastern side: 40 feet North to South on the Western side: 40 feet

¶93

In total Land admeasuring 3,600 sq.ft situated within the Registration District of Kaanchipuram and Sub Registration District of Perambakkam.

¶94

Sd/-

¶95

(S.V. GOWRAMMA) PRESIDING OFFICER, DRT-III, CHENNAI

Bank of India v. Andhra Spicy House

Case brief

What is this about?

What did the court decide?

Bank of India v. Andhra Spicy House

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

Ms Hashini Enterprises versus Punjab National Bank

Canara Bank versus Ms Sparv Techologies Pvt. Ltd.

Punjab and Sind Bank versus Hariharasudhan Catering Services

Hdfc Bank versus Mohamed Alirefaideen

Karur Vysya Bank versus M/S Svlp Travels

Punjab and Sind Bank versus M/S J Kaizen Consortium