Allowed

Tamilnad Mercantile Bank Limited v. K Siva

DRT29 May 2026OA/466/2024

Case brief

AI extract

What is this about?

This tribunal allowed an original application filed by Tamilnad Mercantile Bank Ltd. to recover outstanding OD and GECL loan amounts along with interest from three respondents who failed to repay their loans. The court directed the respondents to pay the principal and interest within one month.

What did the court decide?

Respondents directed to jointly pay Rs.21,97,316.45 including interest within one month. Liberty granted to sell mortgaged properties if payment is not made.

Tamilnad Mercantile Bank Limited versus K Siva — Contract and Commercial Disputes | DRT (2026)

¶1

OA No. 466/2024

¶2

Fair Order

¶3

IN THE DEBTS RECOVERY TRIBUNAL AT MADURAI DATED THIS 29^TH DAY OF MAY, 2026 PRESENT: SEEMA SINHA,

¶4

[PR. DISTRICT & SESSIONS JUDGE – Retd] PRESIDING OFFICER

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OA No.466/2024

¶6

Between

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Tamilnad Mercantile Bank Ltd., Thoothukudi Pudukottai Branch, No.4/66, Main Road, Thoothukudi District — 628 013. Rep. By its Branch Manager. ---Applicant Bank

¶8

And

¶9

Mr. K. Siva,

¶10

S/o Kabali, Prop. M/s Akshaya Unique Fashions, 1H/765, DSP Complex, Miller Puram Road, Housing Road, Thoothukudi — 628 008.

¶11

Mr. N. Tamilarasan, S/o Navamani, D.No.395, Housing Board Colony, Millerpuram, Thoothukudi – 628008.

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Mrs. T. lyyankani,

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W/o N. Tamilarasan, D.No.395, Housing Board Colony, Millerpuram, Thoothukudi – 628008. ---Defendants

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Counsel for the Applicant Bank : M/s T. Thevan

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Page 1 of 12

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OA No. 466/2024

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This Original Application was heard and fixed for passing final order before me in the presence of the above said Advocate for Applicant Bank and the Defendants having been set ex-parte and upon hearing the arguments of Counsel for Applicant Bank and upon perusing the material available on the records and having stood over for consideration till this day, this Tribunal delivered the following:

¶18

JUDGEMENT

¶19

1 . This Application has been filed under Sec.19 (1) of the "The Recovery of Debts due to Banks and Financial Institutions Act, 1993" now amended as The Recovery of Debts and Bankruptcy Act, 1993 by the Applicant Bank on 17.08.2024 to recover from the Defendants a total sum of Rs.21,97,316.45p i.e., (i) Rs.17,48,091.55p together with interest at the rate of 12.45% p.a. with monthly rests plus penal interest at the rate of 2%p.a. in respect of Overdraft loan (ii) Rs.4,49,224.90p together with interest at the rate of 9.25% p.a. with monthly rests plus penal interest at the rate of 2%p.a. in respect of GECL loan from the date of filing of Application till the date of realization with cost and by sale of mortgaged/hypothecated properties, more fully described in Schedules of the application.

¶20

2 . The brief averments of the application filed by the Applicant Bank are as follows:-

¶21

1. TMB-TRADERS AND SERVICE WORKING CAPITAL —OD LOAN TO A LIMIT OF RS.18,00,000 ,

¶22

The 1^st defendant is a proprietorship concern running business in the name and style of M/s Akshaya Unique Fashions and having office at 11/765, DSP Complex, Miller Puram Road, Housing Road, Thoothukudi -- 628 008.

¶23

The 1^st defendant approached the applicant and sought TMB- Traders and Service Working Capital-OD loan to a limit of Rs.18,00,000/- for purchase of meet out its working capital requirements. Considering the request of the 1^st defendant, applicant bank sanctioned TMB-Traders and Service Working Capital OD loan to a limit of Rs.18,00,000/- on 21.12.2018.

¶24

The 1^st defendant has executed necessary security loan documents in favour of the applicant bank on 21.12.2018. The 1^st defendant has hypothecated his stocks in trade of textile goods and genuine trader and receivables with the applicant bank on 21.12.2018.

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Page 2 of 12

¶26

OA No. 466/2024

¶27

The defendants No.2 & 3 agreed to stand as guarantor for discharge of the above said loan account and they have executed joint and several guarantee in favour of the applicant bank on 21.12.2018 for the TMBTraders and Service Working Capital OD loan to a limit of Rs.18,00,000/availed by the 1^st defendant herein.

¶28

II. TMB-TRADERS AND SERVICE WORKING CAPITAL —OD LOAN TQ A LIMIT OF RS.18,00.000- RENEWAL :-

¶29

On the request of the 1^st defendant, the applicant bank has renewed the above said TMB-Traders and Service Working Capital —OD loan to a limit of Rs. 18,00,000/- on 21.12.2019.

¶30

The 1^st defendant has executed necessary security loan documents in favour of the applicant bank on 21.12.2019. The 1^st defendant has hypothecated his stocks in trade of textile goods and genuine trader and receivables with the applicant bank. The defendants No.2 & 3 agreed to stand guarantee for discharge of the above said loan account and they have executed joint and several guarantee in favour of the applicant bank on 21.12.2019 for the TMB-Traders and Service Working Capital OD loan to a limit of Rs. 18,00,000/- availed by the 1^st defendant herein. The 1^st defendant has executed balance conformation letter dated 05.10.2020, 05.04.2021 & 04.10.2021 in favour of the applicant bank and admitting and acknowledging its liability.

¶31

III. WCTL ( GECL) Rs.2.50,000/-

¶32

The 1^st defendant approached the applicant and sought Working Capital Term Loan (GECL) loan in a sum of Rs.2,50,000. Considering the request of the 1^st defendant, applicant bank sanctioned Working Capital Term Loan (GECL) loan in a sum of Rs.2,50,000/- on 07.08.2020.

¶33

The 1^st defendant has executed necessary security loan documents in favour of the applicant bank an 07.08.2020. The defendant has agreed to repay the said loan amount in 36 monthly installments after moratorium period of 1 year from the date of from the date of availment. Total tenure should not be exceeded 4 years from the date of disbursement. The bank is entitled to charge the interest during the moratorium period. The 1^st defendant has hypothecated his stocks in trade of textile goods and genuine trader and receivables with the applicant bank.

¶34

The defendants No.2 & 3 agreed to stand guarantee for discharge of the above said loan account and they have executed joint and several guarantee in favour of the applicant bank on 21.12.2018 for the TMB-

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Page 3 of 12

¶36

OA No. 466/2024

¶37

Traders and Service Working Capital OD loan to a limit of Rs.18,00,000/availed by the 1^st defendant herein.

¶38

The 1^st defendant has executed balance conformation letters dated 05.10.2020, 05.04.2021 & 04.10.2021 in favour of the applicant bank and admitting and acknowledging its liability

¶39

DETAILS OF MORTGAGE :

¶40

The 3^rd defendant has earlier deposited his title deeds on 20.09.2017 in relation to “A" schedule property towards equitable mortgage for the overdraft loan amount of Rs.3,00.000/- and he has executed Memorandum of Deposit of title deeds dated 20.09.2017 vide Doc.N0.2595/2017. The 3^rd defendant has further extended his earlier mortgage for the enhanced over draft loan to a limit of Rs.5,00,000/- and he has executed Memorandum of Deposit of title deeds dated 23.07.2018 vide Doc.No.2530/2018.

¶41

The 3^rd defendant has extended his earlier mortgage for the Over Draft loan to a limit of Rs.18,00,000/- and he has executed Memorandum of Deposit of title deeds dated 21.12.2018 Vide Doc.No.4520/2018.

¶42

The 3^rd defendant has extended his earlier mortgage for the additional Working Capital Term Loan ( GECL) loan in a sum of Rs.2,50,000/ and he has executed Memorandum of Deposit of title deeds for Additional/FEnhanced Loan deeds dated 07.08.2020 vide Doc.No.2306/2020.

¶43

After availing the loan, defendants were not regular in the matter of repayment. The defendants made several promises, but they failed to keep up their promises. The applicant bank has sent various notice to the defendants and requested them to repay the loan accounts. But even after repeated request of the applicant's bank, the defendants have not taken any steps to discharge the loan accounts. The defendants had not operated the above said credit facilities as agreed to. Thus the loan accounts were declared as Non Performing Account on 30.11.2020. Despite repeated demands and reminders, made by the Applicant Bank, the Defendants have failed and neglected to repay and adjust their liability.

¶44

Hence, the Applicant Bank has filed the OA for recovery of a total sum of Rs.21,97,316.45p i.e., (i) Rs.17,48,091.55p together with interest at the rate of 12.45% p.a. with monthly rests plus penal interest at the rate of 2%p.a. in respect of Overdraft loan (ii) Rs.4,49,224.90p together with interest at the rate of 9.25% p.a. with monthly rests plus penal interest at

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Page 4 of 12

¶46

OA No. 466/2024

¶47

the rate of 2%p.a. in respect of GECL loan from the date of filing of Application till the date of realization with cost.

¶48

The Applicant Bank has submitted the following documents in support its claim in the OA, which are as follows:

¶49

S.No	Date	Particulars	Exhibit No.
1	21.12.2018	Requisition Letter to Avail the Loan	Ex.No.A-01
2	21.12.2018	Sanction Letter	Ex.No.A-02
3	21.12.2018	Demand Promissory Note	Ex.No.A-03
4	27.12.2018	Letter of Waive Presentment	Ex.No.A-04
5	21.12.2018	Take Delivery	Ex.No.A-05
6	21.12.2018	Sole Proprietor Declaration Letter	Ex.No.A-06
7	21.12.2018	Letter of Continuing Security	Ex.No.A-07
8	21.12.2018	Agreement for Demand Cash Credit on Hypothecation of Movable Properties	Ex.No.A-08
9	21.12.2018	Letter of Hypothecation	Ex.No.A-09
10	21.12.2018	Power of Attorney	Ex.No.A-10
11	21.12.2018	Guarantee Covering Letter	Ex.No.A-11
12	21.12.2018	Consent for Disclosure	Ex.No.A-12
13	21.12.2018	Undertaking Letter to Keep the Security	Ex.No.A-13
14	21.12.2018	Consent letter	Ex.No.A-14
15	05.10.2020	Balance Confirmation Letter	Ex.No.A-15
16	21.12.2018	Joint and Several Guarantee	Ex.No.A-16
17	21.12.2018	Mortgage Extension Letter	Ex.No.A-17
18	21.12.2019	Sanction Intimation Letter	Ex.No.A-18
19	21.12.2019	Letter Agreed to Abide the Terms and Conditions	Ex.No.A-19
20	21.12.2019	Proprietary Declaration	Ex.No.A-20

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Page 5 of 12

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OA No. 466/2024

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21	21.12.2019	Guarantee Letter	Ex.No.A-21
22	21.12.2019	Guarantee Covering Letter	Ex.No.A-22
23	21.12.2019	Consent Letter	Ex.No.A-23
24	21.12.2019	Undertaking Letter to Keep the Security	Ex.No.A-24
25	21.12.2019	Mortgage Extension Letter	Ex.No.A-25
26	27.12.2019	Undertaking Letter	Ex.No.A-26
27	27.12.2019	Revival Letter	Ex.No.A-27
28	07.08.2020	Sanction Intimation Letter	Ex.No.A-28
29	07.08.2020	Proprietary Declaration Letter	Ex.No.A-29
30	07.08.2020	Letter Agreed to Abide Terms and Conditions	Ex.No.A-30
31	07.08.2020	Demand Promissory Note	Ex.No.A-31
32	07.08.2020	Waive Presentment Letter	Ex.No.A-32
33	07.08.2020	Take Delivery	Ex.No.A-33
34	07.08.2020	Letter Not Avail Any Credit Facility From Any Other Bank	Ex.No.A-34
35	07.08.2020	Undertaking for Repayment of Installments	Ex.No.A-35
36	07.08.2020	Continuing Security	Ex.No.A-36
37	07.08.2020	Letter of Hypothecation	Ex.No.A-37
38	07.08.2020	Agreement for Demand Cash Credit on Hypothecation of Movable Properties	Ex.No.A-38
39	07.08.2020	Consent for Disclosure	Ex.No.A-39
40	07.08.2020	Consent Letter	Ex.No.A-40
41	07.08.2020	Undertaking Letter to Keep the Security	Ex.No.A-41
42	07.08.2020	Mortgage Extension Letter	Ex.No.A-42
43	07.08.2020	Articles of Agreement	Ex.No.A-43
44 45	07.08.2020 07.08.2020	Power of Attorney Consent Letter	Ex.No.A-44 Ex.No.A-45

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Page 6 of 12

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OA No. 466/2024

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46	07.08.2020	Guarantee Covering Letter			Ex.No.A-46
47	07.08.2020	Consent for Disclosure			Ex.No.A-47
48	03.08.2020	Joint and Several Guarantee			Ex.No.A-48
49	05.04.2021	Balance Confirmation Letter			Ex.No.A-49
50	04.10.2021	Balance Confirmation Letter			Ex.No.A-50
51	20.09.2017	Memorandum of Deposit of (Doc. No. 2595/2017)	Title	Deeds	Ex.No.A-51
52	23.07.2018	Memorandum of Deposit of (Doc. No. 2530/2018)	Title	Deeds	Ex.No.A-52
53	21.12.2018	Memorandum of Deposit of (Doc. No. 4520/2018)	Title	Deeds	Ex.No.A-53
54	07.08.2020	Memorandum of Deposit of (Doc. No. 2306/2020)	Title	Deeds	Ex.No.A-54
55	17.02.1971	Photostat Copy of SRO Copy Partition Deed No. 463/1971	of Reg	istered	Ex.No.A-55
56	24.02.2003	Registered Gift Settlement 938/2003	Deed	No.	Ex.No.A-56
57	07.06.2006	Registered Sale Deed No. 1560	/2006		Ex.No.A-57
58	04.05.1995	Proceedings of Plot Approval			Ex.No.A-58
59	19.01.2006	House Tax Receipt			Ex.No.A-59
60	—	Over Draft Loan 0357000059000196	A/C	No.	Ex.No.A-60
61	—	Over Draft Loan 0357000480100344	A/C	No.	Ex.No.A-61

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SCHEDULE -A

¶57

In Thoothukudi District, Thoothukudi Registration District, Thoothukudi Melur Sub-Registration District, Thoothukudi Taluk, Meelavittan Village, Survey No.530, Total extent 19 acre 95 cents, in that, on the Southern side 15 acres in joint Patta No.2651 in Survey No.530/2A, in that 14 acres 94 cents. In that, on the Northern side 9 acres 94 cents was converted into various house sites and named as “Nikilesan Nagar” in Plot

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Page 7 of 12

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OA No. 466/2024

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No.73 in which Middle portion measuring 3.46 cents situated within boundaries:

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North : 23 feet width East-West Road South : Plot belonging to Maira Sakila East : Plot belonging to Rajkumar West : Property retained by Nikilesan

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Measurement :

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East - West on the Northern side 24^3/4 , Southern side 25^1/2 South - North on western & Eastern side 60 feet,

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Totally 1507.50 square feet or 3.46 cents of land and building constructed thereon bearing D.No.1/65D, electric connection, toilet and well, compound wall with all other easementray rights.

¶65

The property was duly approved layout order dated 04.05/1995 vide No. 618/94, the present patta No.5421.

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SCHEDULE -B

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Hypothecation of Stocks & Receivables and machineries

¶68

3 . On the other hand, Notices were issued to Defendants and since from the beginning of the case, there was no representation on behalf of the Defendants. Hence, Defendants were set ex-parte.

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4. Now the main point for consideration before me is as to whether the Applicant has been able to prove his case on his own leg?

¶70

Having gone through the affidavit of the applicant and the documents filed by them and also considering the submission of the counsel for the Applicant, I find that the Applicant Bank, in order to prove its claim, has filed Proof Affidavit executed by one Mr. A. Vinoth, who is the Branch Manager of the Applicant Bank.

¶71

He has stated in his affidavit that the defendants has availed Overdraft Loan and GECL from the Applicant Bank, but they failed to pay the outstanding loan amount, hence he has filed the case. The applicant bank has also filed the documents signed by the defendants at the time of sanctioning the loan amount, which have been marked as exhibits No.A-01 to A-61 in support of its claim in the OA.

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Page 8 of 12

¶73

OA No. 466/2024

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The Requisition Letter to Avail the Loan has been marked as Ex.No.A01, Sanction Letter has been marked as Ex.No.A-02, Demand Promissory Note has been marked as Ex.No.A-03, Letter of Waive Presentment has been marked as Ex.No.A-04, Take Delivery has been marked as Ex.No.A-05, Sole Proprietor Declaration Letter has been marked as Ex.No.A-06, Letter of Continuing Security has been marked as Ex.No.A-07, Agreement for Demand Cash Credit on Hypothecation of Movable Properties has been marked as Ex.No.A-08, Letter of Hypothecation has been marked as Ex.No.A-09, Power of Attorney has been marked as Ex.No.A-10.

¶75

The Guarantee Covering Letter has been marked as Ex.No.A-11, Consent for Disclosure has been marked as Ex.No.A-12, Undertaking Letter to Keep the Security has been marked as Ex.No.A-13, Consent Letter has been marked as Ex.No.A-14, Balance Confirmation Letter has been marked as Ex.No.A-15, Joint and Several Guarantee has been marked as Ex.No.A16, Mortgage Extension Letter has been marked as Ex.No.A-17, Sanction Intimation Letter has been marked as Ex.No.A-18, Letter Agreed to Abide the Terms and Conditions has been marked as Ex.No.A-19, Proprietary Declaration has been marked as Ex.No.A-20.

¶76

The Guarantee Letter has been marked as Ex.No.A-21, Guarantee Covering Letter has been marked as Ex.No.A-22, Consent Letter has been marked as Ex.No.A-23, Undertaking Letter to Keep the Security has been marked as Ex.No.A-24, Mortgage Extension Letter has been marked as Ex.No.A-25, Undertaking Letter has been marked as Ex.No.A-26, Revival Letter has been marked as Ex.No.A-27, Sanction Intimation Letter has been marked as Ex.No.A-28, Proprietary Declaration Letter has been marked as Ex.No.A-29, Letter Agreed to Abide Terms and Conditions has been marked as Ex.No.A-30.

¶77

The Demand Promissory Note has been marked as Ex.No.A-31, Waive Presentment Letter has been marked as Ex.No.A-32, Take Delivery has been marked as Ex.No.A-33, Letter Not Avail Any Credit Facility From Any Other Bank has been marked as Ex.No.A-34, Undertaking for Repayment of Installments has been marked as Ex.No.A-35, Continuing Security has been marked as Ex.No.A-36, Letter of Hypothecation has been marked as Ex.No.A-37, Agreement for Demand Cash Credit on Hypothecation of Movable Properties has been marked as Ex.No.A-38, Consent for Disclosure has been marked as Ex.No.A-39, Consent Letter has been marked as Ex.No.A-40.

¶78

The Undertaking Letter to Keep the Security has been marked as Ex.No.A-41, Mortgage Extension Letter has been marked as Ex.No.A-42, Articles of Agreement has been marked as Ex.No.A-43, Power of Attorney

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Page 9 of 12

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OA No. 466/2024

¶81

has been marked as Ex.No.A-44, Consent Letter has been marked as Ex.No.A-45, Guarantee Covering Letter has been marked as Ex.No.A-46, Consent for Disclosure has been marked as Ex.No.A-47, Joint and Several Guarantee has been marked as Ex.No.A-48, Balance Confirmation Letter has been marked as Ex.No.A-49, Balance Confirmation Letter has been marked as Ex.No.A-50.

¶82

The Memorandum of Deposit of Title Deeds (Doc. No. 2595/2017) has been marked as Ex.No.A-51, Memorandum of Deposit of Title Deeds (Doc. No. 2530/2018) has been marked as Ex.No.A-52, Memorandum of Deposit of Title Deeds (Doc. No. 4520/2018) has been marked as Ex.No.A-53, Memorandum of Deposit of Title Deeds (Doc. No. 2306/2020) has been marked as Ex.No.A-54, Photostat Copy of SRO Copy of Registered Partition Deed No. 463/1971 has been marked as Ex.No.A-55, Registered Gift Settlement Deed No. 938/2003 has been marked as Ex.No.A-56, Registered Sale Deed No. 1560/2006 has been marked as Ex.No.A-57, Proceedings of Plot Approval has been marked as Ex.No.A-58, House Tax Receipt has been marked as Ex.No.A-59, Over Draft Loan A/C No. 0357000059000196 has been marked as Ex.No.A-60, and Over Draft Loan A/C No. 0357000480100344 has been marked as Ex.No.A-61. So the averments of the applicant as well as the statement of the pleading have been corroborated by the above mentioned documents.

¶83

As the Defendants remained ex-parte, the claim of the Applicant Bank is neither disproved nor dislodged and goes on record as proved. Accordingly a cumulative analysis of both the Proof Affidavit and documents marked by the Applicant Bank would prove the claim of the Applicant Bank in the OA.

¶84

So far the claim of interest is concerned, it is a well settled Law that the Tribunal has got powers to award pendente lite interest in view of the Judgment of the Hon’ble Supreme Court in N.M. Veerapa Vs Canara Bank (reported in AIR 98(1), 1101 & in Central bank of India Vs Ravindra and OS (AIR, 2001(1), 3095).

¶85

So far the penal interest is concerned Hon'ble supreme court stated in the said judgement as followed " Though interest can be capitalised on the anology that the interest falling due on the accrued date and remaining unpaid, partakes the character of amount advanced on that date, yet penal interest, which is charged by way of penalty for non payment, cannot be capitalized. Further interest, i.e interest on interest, whether simple, compound or penal, cannot be claimed on the amount of penal interest. Penal interest cannot be capitalized. It will be opposed to public policy ".

¶86

Page 10 of 12

¶87

OA No. 466/2024

¶88

Therefore, this Original Application is allowed . The Applicant Bank is entitled for a final order on the following lines:-

¶89

The Applicant Bank is entitled to recover from the Defendants, a total sum of Rs.21,97,316.45p i.e., (i) Rs.17,48,091.55p together with interest at the rate of 12.45% p.a. with half yearly rests in respect of Overdraft loan (ii) Rs.4,49,224.90p together with interest at the rate of 9.25% p.a. with half yearly rests in respect of GECL loan from the date of filing of Application till the date of realization with cost. Accordingly, it is hereby

¶90

ORDERED

¶91

(a) That the Defendants are directed to pay jointly/severally a total sum of Rs.21,97,316.45p i.e., (i) Rs.17,48,091.55p together with interest at the rate of 12.45% p.a. with half yearly rests in respect of Overdraft loan (ii) Rs.4,49,224.90p together with interest at the rate of 9.25% p.a. with half yearly rests in respect of GECL loan from the date of filing of Application till the date of realization with cost within one month from the date of receipt of this order.

¶92

(b) In case of default of payment by the above mentioned Defendants, the Applicant Bank is at liberty to sell the movable / immovable properties more fully described in Schedule of the original application for appropriation of sale proceeds towards the satisfaction of amount due to the Applicant Bank.

¶93

(c) If the sale proceeds are not sufficient, after defraying the expenses of such sale, for the payment of all such amounts, the defendants are jointly/severally liable to pay the amount of such deficiency with interest mentioned above until realization.

¶94

(d) Any amount remitted during the course of this proceedings shall be given due credit, to the loan account of the defendants.

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Page 11 of 12

¶96

OA No. 466/2024

¶97

(e) Recovery Certificate be prepared, as per the directions given above, and issue accordingly. A copy of the order is to be communicated to the parties concerned, immediately.

¶98

(f) It is further ordered that the Applicant Bank shall file cost memo within a period of one month from the date of receipt of this order, so as to prepare the recovery certificate with cost for the Over Draft and GECL Loan and the Recovery Officer is also directed to proceed with the matter in accordance with law. In case, cost memo is not filed before said period of one month, Recovery Certificate will be prepared with available records.

¶99

Dictated to T.P, taken down, transcribed, typed by her, corrected and pronounced by me in the Open Court in this the 29^th May, 2026.

¶100

Sd/-

¶101

(SEEMA SINHA) PRESIDING OFFICER

¶102

Uploaded on 06.06.26

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Page 12 of 12

Tamilnad Mercantile Bank Limited v. K Siva

Case brief

What is this about?

What did the court decide?

Tamilnad Mercantile Bank Limited v. K Siva

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

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