Allowed

State Bank of India v. Mr. Mohammad Jakir Mohammad Shabbir

DRT14 May 2026OA/737/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the applicant bank's recovery application against a defaulting borrower following an ex-parte hearing, granting principal dues and future interest secured by mortgaged property.

What did the court decide?

Recovery of Rs. 33,51,681/- plus future interest at 8% pa; mortgage of flat made movable for sale to recover dues; recovery certificate issued.

State Bank of India versus Mr. Mohammad Jakir Mohammad Shabbir — Specific Performance | DRT (2026)

¶1

Presented on: 21.08.2024 Registered on: 12.09.2024 Decided on: 14.05.2026 Duration: Y M D 01 08 23

¶2

IN THE DEBTS RECOVERY TRIBUNAL AT AURANGABAD (Before Dr. J. R. Chauhan Presiding Officer) ORIGINAL APPLICATION No. 737/2024

¶3

TOTAL CLAIM AMOUNT – Rs. 33,51,681/-

¶4

State Bank of India,

¶5

A body corporate constituted under the provisions of the State Bank of India Act, having it’s Local Head office at Madam Cama Road, Nariman Point, Mumbai 400 021 and one of its branch Stressed Assets Recovery Branch, Aurangabad, At Plot No. 1, Ground Floor, Administrative Building, Town Centre, N-5, CIDCO, Chh. Sambhajinagar-431004, through Mr. Nitin Narayan Kamble, Age: 43 Years, Occ.: Service (Manager & City Case Officer), State Bank of India, Branch at SARB, Branch Aurangabad and the authority to sign and verify the application.

¶6

… Applicant

¶7

Versus

¶8

Mr. Mohd Jakir Mohd Shabbir Age: 33, Occ.: Business, 1. Flat No. B-12, Third Floor, Mecca, Market, Sheet No. 45, CTS No. 10213/1, Shahgunj, Tal and District Aurangabad 431001. 2. Galli No. C-13, Sanjay Nagar, Baijipura, Aurangabad 431001.

…Defendant.

(OA No.737/2024)

Page 1 of 8

[AMBADAS]

APPEARANCES

For the Applicant For Defendant

¶15

Mr. Ashok M. Kekan -Advocate Ex-parte

¶16

JUDGMENT

¶17

Delivered on 14.05.2026

¶18

The Applicant Bank has filed the present application for the recovery of a sum of Rs. 33,51,681/- (Rupees Thirty Three Lacs, Fifty One Thousand, Six Hundred and Eighty One only), along with further interest from the date of filing of the Original Application, i.e., 21.08.2024, until the date of realization of the entire outstanding dues from the Defendant.

¶19

Brief facts of the application are as under:

¶20

The Applicant Bank states that the Defendant had approached and requested the Applicant Bank for Housing loan. Upon considering the request and financial needs of the Defendant, the Applicant Bank Sanctioned Home loan of Rs. 29,31,000/- vide arrangement letter dated 15.12.2022 on certain terms and conditions. The agreed rate of interest for aforesaid loan facility

(OA No.737/2024)

Page 2 of 8

[AMBADAS]

was @ 8.55% per annum with monthly rests. The Defendant also agreed to pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

¶25

The applicant bank further states that considering all the necessary aspects, the applicant bank sanctioned and disbursed the SBI Suraksha Loan facilities of Rs. 1,20,000/- vide sanction letter dated 15.12.2022. The agreed rate of interest for aforesaid loan facility was @ 8.55% per annum with monthly rests. The Defendant also agreed to pay additional interest @2% by way of liquidated damages in the event of any default in repayment.

¶26

In order to secure the aforesaid loan facility, the Defendant executed various loan documents in favour of the Applicant Bank. These included arrangement letter, letter of undertaking, registered sale deed bearing registration no. AAG-5-481/2023 dated 16.01.2023 and housing loan agreement etc.

¶27

The Applicant Bank further contends that, in order to secure the aforesaid loan facility, the Defendant created first charge over his

(OA No.737/2024)

Page 3 of 8

[AMBADAS]

immovable property by executing registered sale deed bearing registration no. AAG-5-481/2023 dated 16.01.2023 in favour of the Applicant Bank. The mortgage was created in respect of the following property:

¶32

All that piece and parcel of Flat No. B-12, admeasuring area 50.93 Sq. Meter, situated at Third Floor, Mecca, Market, Sheet No. 45, CTS No. 10213/1, Shahgunj, Tal and District Aurangabad 431001, which is bounded as under:

¶33

East: CTS No. 10213 (AL-Bukhari Hall), West: Flat No. B-9, South: Flat No. B-11, North: Shahganj Bhaji Mandi Road.

¶34

The applicant bank contended that the defendant has failed to keep his promise and commitments agreed by him with regard to due repayment of the loan amount. The defendant failed to operate the loan account properly and failed to pay the agreed rate of interest as per terms and conditions of the sanction letter. Thereafter, the applicant bank repeatedly made demand of loan amount and called upon the defendant to pay with the agreed rate of interest thereon, but the defendant failed and neglected to pay the same. The loan account of the defendant became irregular and

(OA No.737/2024)

Page 4 of 8

[AMBADAS]

classified as NPA on 16.05.2024. Therefore, on 17.05.2024 the applicant bank issued legal Notice to the defendant. The defendant failed and neglected to repay the outstanding dues of the applicant Bank. Hence, this application is filed.

¶39

The defendant failed to appear in matter though he was duly served. Hence, the defendant was proceeded ex-parte as per Order dated 23.01.2025.

¶40

The applicant Bank has filed Claim Affidavit of evidence at Exhibit-4 of Mr. Nitin Narayan Kamble, Manager & CCO of the applicant Bank, and has produced on record the original loan transaction documents as Annexure A-1 to A-18 along with list of documents Exh.5 which corroborates the case of the applicant Bank.

¶41

I have heard arguments of the learned Advocate for the applicant Bank.

¶42

Since the defendant failed to appear and did not contest the application, I find no reason to disbelieve the unrebutted

(OA No.737/2024)

Page 5 of 8

[AMBADAS]

evidence of the applicant Bank. Therefore, the applicant Bank is entitled for the reliefs as claimed.

¶47

The applicant Bank has claimed charge over immovable property of the borrower which is mortgaged in favour of the applicant bank.

¶48

The applicant Bank has claimed future interest @ 9.15% from the date of filing i.e. 21.08.2024 of this application till realization of the claim amount. However, considering the facts of the case, I am of the opinion that if future interest is granted @ 8% per annum (simple) on outstanding amount, it would be just and reasonable rate of interest.

¶49

ORDER

¶50

(A) Original Application No. 737/2024 is allowed with

¶51

(B)

¶52

costs.

¶53

(B) The defendant shall pay to the applicant Bank a sum of

¶54

Rs. 33,51,681/- (Rupees Thirty Three Lacs, Fifty One Thousand, Six Hundred and Eighty One only), along

(OA No.737/2024)

Page 6 of 8

[AMBADAS]

with future interest @ 8% per annum (simple), from the date of filing of the Original Application i.e. 21.08.2024

¶59

till full payment/realization of the amount mentioned in this operative order.

¶60

(C) The aforesaid adjudicated amount is secured by the mortgage of the following immovable property vide documents at Annexure A-6 to A-10 in list of documents Exh. 5.

¶61

¶62

East: CTS No. 10213 (AL-Bukhari Hall), West: Flat No. B-9, South: Flat No. B-11, North: Shahganj Bhaji Mandi Road. (D) The applicant Bank is entitled to sell the mortgaged immovable property to recover its dues.

¶63

(E) Issue Recovery Certificate accordingly.

(OA No.737/2024)

Page 7 of 8

[AMBADAS]

(F) The Registrar is directed to send the copy of the Judgment and Recovery Certificate to the applicant and defendant.

¶68

(G) File be consigned to the record room.

¶69

Sd/-

¶70

Pronounced in open court. Place: Aurangabad Date:.14.05.2026

¶71

(Dr. J. R. Chauhan) Presiding Officer Debts Recovery Tribunal, Aurangabad

¶72

(OA No.737/2024)

¶73

Page 8 of 8

¶74

[AMBADAS]

State Bank of India v. Mr. Mohammad Jakir Mohammad Shabbir

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mr. Mohammad Jakir Mohammad Shabbir

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Axis Bank versus Mr. Bharat Atmaram Solunke

Maharastra Gramin Bank versus M/S Capgi Industries Private Limited

The Ahmednagar District Central Cooperative Bank Limited versus Bank of India

Bank of India versus Mr. Narayan Baburao Jivrak

Idbi Bank versus Ravindrakumar Renukadas Joshi

Union Bank of India versus Akrur Sukhdev Pimpale