The Tribunal allowed an application for a recovery certificate due to the defendant's default on Housing Loans. Evidence remained uncontroverted as the defendant appeared ex-parte. The certificate was issued with 8% p.a. simple interest.
Issuance of Recovery Certificate for Rs.1,05,09,273/- with legal costs against personal assets and schedule properties.
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.
IN THE DEBTS RECOVERY TRIBUNAL II, BENGALURU
Dated this 27th Day of March, 2026
Present: Sri. T. RAJESH Presiding Officer OA.No.968/2024
BETWEEN:
State Bank of India, Branch office at: Stressed Asset Recovery Branch (SARB) 3rd Floor, Near Old Shivaji Theatre, J.C Road, Bangalore
…APPLICANT
AND:
Sri Sundar Singh S/o. Sri. Mohan Singh R/at: #63, 1st Floor, Abhyudaya Residency 2 Bommanahalli Village, Budigere Cross, Bangalore East- 560049
And Also at:
Kuruburu Village, Muruburu Hobli, T.Narasipura Taluq, Near Govt. School T. Narasipura, Mysore District- 571124
And also at:
#029 Block-C Block, Ground Floor, Pinnacle, Hirandahalli Village, Bidarahalli Hobli, Bangalore East- 560049 ...DEFENDANT
Counsel on record/appeared for:
Applicant : G.N Satyamurthy Defendants : Exparte
OA 968/2024
2
FINAL ORDER
OA 968/2024
3
the credit facility, agreeing to service the loan account promptly and regularly, failed in complying the same, resulting in defaults in repayment and consequentially turning the loan accounts as NPA.
6. D espite, service of summons on the defendant, he failed to appear, resulting the defendant being set exparte on 08.07.2025.
OA 968/2024
4
OA claim as against the defendant?
ii) What order are to be passed?
Both these issues are gone into and decided together.
remains unrebutted as defendant remained exparte. The evidence tendered by the applicant remains uncontroverted and undisputed. The evidences put forth by the applicant were found admissible and are sufficient to prove availment of credit facilities as stated in the OA, creation of mortgage as claimed by the applicant bank and the defaults committed in the accounts. The liability of the defendants and the claim as the amount due is also proved by the above documents. The claim of the applicant is well within the limitation.
are availed by defendant for Housing loan purpose and also that
OA claim is arrived at by calculating interest at the agreed rate,
OA 968/2024
5
this Tribunal, in view of the OA can be allowed with a reduced interest @8% p.a. (Simple).
i) The applicant is allowed to recovery an aggregate
sum of Rs.1,05,09,273/- (Rupees one crore five lakh nine thousand two hundred seventy three only) with further interest @8% p.a. (Simple),
from the date of filing OA till the realization, from the defendant personally after giving credit to all the amount recovered and received during the pendency of the OA and allowed the same
to be recovered by proceedings against the schedule property. Properties schedule to the OA be the schedule to the recovery certificate.
(ii) If the sale proceeds are not sufficient, the defendant personally and his other assets are liable to be proceeded against for the balance amount.
iii) The applicant bank is allowed cost of the proceedings
which applicant to file cost memo within 7 days from the date of receipt of the order.
OA 968/2024
6
iv) The Recovery Certificate to be drawn in terms of this
order and transferred to Recovery for execution.
v) Interim application pending, if any, stands disposed of
in terms of this final order.
in terms of Section 19(21)(i) of the RDB Act, read with Rule 16
of DRT (Procedure) Rules, 1993.
[Dictated to the Stenographer (JV), transcribed by him, corrected and signed and pronounced by
me in the Open Court, this the 27th day of March, 2026].
Sd/
(T. RAJESH)
PRESIDING OFFICER
ANNEXURES
WITNESSES EXAMINED FOR THE APPLICANT BANK:
AW-1: Dayanand, Deputy Manager, of the Applicant Bank.
Exhibits on the part of the Applicant:
| Exhibit Nos. |
Date | Particulars of Documents |
|---|---|---|
| A1 | 30.07.2021 | Loan Application |
| A2 | 17.08.2021 | Arrangement letter of housing finance |
| A3 | 17.08.2021 | Agreement for Home loan |
| A4 | 17.08.2021 | Agreement for mortgage |
| A5 | 17.08.2021 | Deed of undertaking |
| A6 | 18.08.2021 | Memorandum of deposit of title deed |
| A7 | 18.08.2021 | Absolute Sale deed |
OA 968/2024
7
| A8 | 30.07.2021 | Loan application |
|---|---|---|
| A9 | 27.08.2021 | Arrangement letter of housing finance |
| A10 | 27.08.2021 | Agreement for home loan |
| A11 | 27.08.2021 | Agreement to mortgage |
| A12 | 30.08.2021 | Memorandum of deposit of title deed |
| A13 | 30.08.2021 | Absolute sale deed |
| A14 | 07.02.2024 | Legal Notice |
| A15 | Postal Receipts | |
| A16 | 02.02.2024 | Statement of Account |
| A17 | 02.02.2024 | Statement of Account |
| A18 | 02.02.2024 | Statement of Account |
| A19 | 02.02.2024 | Foreclosure letter/statement |
| A20 | 02.02.2024 | Foreclosure letter/statement |
| A21 | 02.02.2024 | Foreclosure letter/statement |
Witness Examined for the Defendant: -Nil - List of Documents Exhibited for the Defendant: -Nil -
Sd/ (T. RAJESH) PRESIDING OFFICER
2 issues framed by the court
Whether the applicant succeeded in proving the loan claim against the negligent defendant?
What order is to be passed for recovery of the dues?
2 provisions across 1 enactments
State Bank of India, Branch office at: Stressed Asset Recovery Branch (SARB) 3rd Floor, Near Old Shivaji Theatre, J.C Road, Bangalore
Sri Sundar Singh S/o. Sri. Mohan Singh
T. RAJESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
