Allowed

State Bank of India v. Adams Kevin Gautam

DRT27 Apr 2026OA/509/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed OA.No.509/2025 filed by State Bank of India against Mr. Adams Kevin Gautham for issuance of Recovery Certificate for Rs. 1,08,07,537/- with reduced interest at 8% p.a., noting the defendant appeared ex parte and evidence was uncontroverted.

What did the court decide?

Issuance of Recovery Certificate for Rs. 1,08,07,537/- with 8% p.a. simple interest from filing date till realization; employer to be added as co-defendant; recovery from personality and other assets.

State Bank of India versus Adams Kevin Gautam — Contract and Commercial Disputes | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT BENGALURU

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Dated this 27^th Day of April, 2026

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Present: Sri. T. RAJESH Presiding Officer OA.No.509/2025

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BETWEEN:

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State Bank of India Stressed Assets recovery Branch #11/90, 3^rd floor, Trust well hospitals, JC road, Bengaluru – 560 002

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Represented by its Authorized officer & Chief Manager Smt. Jayalakshmi …APPLICANT

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AND:

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Mr. Adams Kevin Gautham S/o. Peeran Hussain Major R/at: Flat no. 101, Shanti Castle, Plot No. 110, Ga Floor Nagar, Madhapur Image Hospital Lane, Ranga Reddy District, Hyderabad, Telangana State – 500 081

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Also, at: Thinkpro Global IT Services Pvt. Ltd. No. 17, KPHB Phase Lodha lane, Hyderabad, Telangana state – 500 071

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Also, at: Flat no. 207, block B, 2^nd floor, “Jai Park Square”

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OA-509/2025

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Kodigehalli village, KR Puram Hobli, Bangalore East Taluk, Bengaluru – 560 036

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Also, at: Flat no. 307, Block B, 3^rd floor, “Jai Park Square” Kodigehalli village, KR Puram Hobli, Bangalore East Taluk, Bengaluru – 560 036 ...DEFENDANTS

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Counsel on record/appeared for:

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Applicant : Shri K M Sanath Kumara Defendant : Ex parte

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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 for issuance of Recovery Certificate against the defendant for Rs. 1,08,07,537/- (Rupees One Crore Eight Lakhs Seven Thousand Five Hundred and Thirty-Seven Only) with further interest thereon from the date of filing the Application till realization.

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It is the case of the applicant that, the defendant is availed a Housing loan of Rs. 48,80,000/- (Rupees Forty-Eight Lakhs Eighty Thousand Only) for to purchase a residential immovable property.

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It is also the case of the applicant that, in view of the above availed loan, the defendant executed the necessary loan documents

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OA-509/2025

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along with deposit of title deeds.

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It is further contended that, despite availing the credit facility, agreeing to service the loan amount promptly and regularly, the defendant 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, service of summons on the defendant, he failed to appear, resulting the defendant being set ex parte on 27.11.2025.

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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-25 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 proof affidavit.

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The following issues arise for consideration in this matter:

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i) Whether the applicant had succeeded in proving the OA

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claim as against the defendant?

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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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OA-509/2025

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The case put forth by the applicant in the Application remains unrebutted as defendant remained ex parte. The evidence tendered by the applicant remains uncontroverted and undisputed.

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The evidences put forth by the applicant were found admissible

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and are sufficient to prove availment of credit facility as stated in the

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OA, and the defaults committed in the accounts. The liability of the defendant and the claim of the amount due is 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 finding arrived herein above, the Tribunal finds that both these issues are 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 is

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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 is of the view

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that the OA can be allowed with a reduced interest of 8.00% (simple).

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In the result, OA.No.509/2025, stands allowed,

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i) The applicant is allowed to recover an aggregate sum of

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Rs. 1,08,07,537/- (Rupees One Crore Eight Lakhs Seven Thousand

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Five Hundred and Thirty-Seven Only) with further interest @8.00 % p.a.(simple) from the date of filing OA till the realization, from the

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OA-509/2025

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defendant personally, after giving credit to all the amounts recovered

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and received during the pendency of the OA and allowed the same to

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be recovered by proceeding against the schedule properties. Properties schedule to the OA be the schedule to the recovery certificate.

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ii) If the sale proceeds are not found sufficient the defendant personally & his other assets are liable to be proceeded against for realization of respective dues.

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iii) The applicant bank is allowed cost of the proceedings

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which applicant to file cost memo within 7 days from the date of

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receipt of the order.

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iv) The Recovery Certificate to be drawn in terms of this order

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and transferred to Recovery for execution.

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v) Interim application pending, if any, are disposed of with this

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Final Order.

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Communicate a copy of the order to the parties concerned in

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

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(Procedure) Rules, 1993.

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[Dictated to the Stenographer (HS), transcribed by her, corrected and signed and pronounced by me in the Open Court, this the 27^th Day of April, 2026].

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

OA-509/2025

ANNEXURES

WITNESSES EXAMINED FOR THE APPLICANT BANK:

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AW-1: Smt. Jayalakshmi, W/o. Ramachandra, Chief Manager, of

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Applicant Bank.

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Exhibits on the part of the Applicant:

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Exhibit Nos.	Date	Particulars of Documents
A1	30.03.2021	Copy of loan application form
A2	27.07.2021	Copy arrangement letter
A3	27.07.2021	Copy of loan agreement for home loan granted too public
A4	27.07.2021	Copy of the agreement to mortgage
A5	27.07.2021	Copy of deed of undertaking
A6	27.07.2021	Copy of annexure-I
A7	10.03.2021	Copy of the sale agreement
A8	29.07.2021	Copy of the sale deed
A9	02.08.2021	Copy of the rectification deed
A10	29.07.2021	Memorandum of deposit of title deeds
A11	29.07.2021	Encumbrance certificate
A12	30.03.2021	Copy of loan application form
A13	23.07.2021	Copy arrangement letter
A14	27.07.2021	Copy of loan agreement for home loan granted too public
A15	27.07.2021	Copy of the agreement to mortgage
A16	27.07.2021	Copy of annexure-I
A17	10.03.2021	Copy of the sale agreement
A18	29.07.2021	Copy of the sale deed
A19	02.08.2021	Copy of the rectification deed
A20	29.07.2021	Memorandum of deposit of title deeds
A21	29.07.2021	Copy of the encumbrance certificate
A22	27.09.2023	Copy of the demand notice dated 27.09.2023 issued under section 13(2) of SARFAESI act along with postal receipts and paper publication
A23	21.10.2024	Copy of the loan statements of account pertaining a/c no. 40316495486

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OA-509/2025

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A24	21.10.2024	Copy of the loan statements of account
		pertaining a/c no. 403162684
A25	02.08.2021	2 CERSAI certificates

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Witness Examined for the Defendant: -Nil –

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List of Documents Exhibited for the Defendant: -Nil -

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Sd/-

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(T. RAJESH) PRESIDING OFFICER

State Bank of India v. Adams Kevin Gautam

Case brief

What is this about?

What did the court decide?

State Bank of India v. Adams Kevin Gautam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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