Disposed

Bank of Baroda v. Kandhan

DRT23 Jan 2026TA/496/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an interim application filed by Bank of Baroda during an Original Application for recovery of dues. The Tribunal directed the respondents to furnish security or face the attachment of their properties to secure the claim amount, citing Section 19 of the RDB Act.

What did the court decide?

Respondents directed to show cause why security of Rs.39,45,097/- should not be furnished within 15 days, failing which IA schedule properties shall be conditionally attached.

Bank of Baroda versus Kandhan — Banking and Recovery | DRT (2026)

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 23^rd day of January, 2026

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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I.A. No.2416 of 2024 in T.A. No. 496 of 2023

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Bank of Baroda (Erstwhile Vijaya Bank) Rangarajapuram Branch

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....Petitioner / Applicant

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-Vs-

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Mr. V. Kandhan

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Mrs. V. Shanthi

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Both residing at S2, II Floor, Priya Apartments Kalaivani Nagar, II Street Vallancherry, Chenaglpattu Taluk Kancheepuram – 603 202 ….Respondents / Defendants

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: - ORDER ON IA NO. 2416 of 2024 - :

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The Original Application is filed by the Applicant Bank against the Defendants, seeking for recovery of money due from Defendants jointly and severally to pay a sum of Rs.39,45,097/- (Rupees Thirty Nine Lakhs Forty Five Thousand and Ninety Seven only) repayable together with further interest and costs.

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The Applicant Bank has filed the present petition i.e., I.A.No.2416/2024 with affidavit of the Chief Manager, ROSARB, Chennai of applicant bank, praying to order/direct the respondents to furnish security to the extent of the O.A. claim as may be sufficient to satisfy the O.A. claim amount and in default of the same, the Hon'ble Tribunal may

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be pleased to order the attachment of the Petition Schedule mentioned property belonging to the defendants/respondents pending disposal of the above O.A.

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It is the case of applicant bank that the Respondents / Defendants availed Home Loan in a sum of Rs.30 lakhs vide Sanction Letter dated 14.02.2018. For the due repayment of the above loan, the respondents/ defendants offered their immovable property as security by depositing the title deeds relating to OA schedule mentioned property with the applicant bank and created equitable mortgage in respect of the said property by executing a Registered Memorandum of Deposit of Title Deeds in favour of the Petitioner/Applicant Bank.

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It is submitted that the respondents / defendants neither repaid the loans, except for a few repayments, which was not sufficient for maintaining the loan account. Hence the loan account was declared as NPA and the defendants are due and payable to the applicant bank a sum of Rs.39,45,097/- together with future interest. Inspite of several demands, defendant did not come forward to repay the dues. Hence the applicant bank had filed the OA No.265/2022 before DRT-II, which was since transferred to this Tribunal due to bifurcation of jurisdiction and renumbered as TA No.496/2023 for recovery of its dues from the defendants.

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It is further submitted that the applicant bank apprehends that mortgaged property may not fetch sufficient amount to cover the

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outstanding dues. On discreet enquiry, it is found that 1^st respondent is owning the immovable properties morefully detailed in the schedule to the petition. It is submitted that the 1^st respondent is making attempts to dispose off or otherwise further encumber the petition schedule property

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in order to deprive the Petitioner Bank the fruits of the Recovery Certificate that may ultimately be granted in favour of the Petitioner and the Petitioner may not be in a position to recover the Certificate amount which may ultimately be issued in favour of the Bank. Hence the present application is filed praying to order/direct the respondents to furnish security to the extent of the O.A. claim as may be sufficient to satisfy the O.A. claim amount and in default of the same, the Tribunal may be pleased to order the attachment of the Petition Schedule mentioned property belonging to the 1^st defendant/respondent pending disposal of the above O.A.

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Heard and perused the records produced along with the IA.

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The Applicant Bank has filed the above I.A. on the premise that the 1^st respondent may alienate or dispose of or create third-party interest on the property morefully described in the schedule to the IA.

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It is a matter of record that the OA was filed for recovery of sum of Rs.39,45,097/- 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

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without prejudice to the rights of both the parties. By doing so, no prejudice, no harm and loss will be caused to the Defendants.

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

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“ 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

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(i)is about to dispose of the whole or any part of his property; or

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

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

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

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(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

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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.”

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

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:ORDER :

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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.39,45,097/- together with further interest, less the value of mortgaged property, within 15 days from the date of receipt of this order, failing which to attach the IA schedule mentioned properties belonging to the 1^st respondent to answer the OA claim herein.

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Meanwhile, conditional attachment of the petition schedule mentioned properties to the extent of OA claim of Rs.39,45,097/together with further interest, less the value of mortgaged property, is hereby ordered to secure the dues of the applicant bank.

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

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IA Schedule properties shall form part of this order.

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Sd/-

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

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(Dictated to PS, transcribed by her, corrected, signed and pronounced by me on this the

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23^rd day of January, 2026)

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SCHEDULE OF PROPERTY

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Item -1

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SCHEDULE “A"

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All that piece and parcel of Land and Building (Flat), bearing Door Nos.125, 126, 127, 128 & 129 to an Extent of 253134 Sq.Ft., of Land together with Building & Shops, Comprised in Old Paimash No.115, then Survey No.204/25 now Ward No.G, Block No.14, T.S.No.104 in Karuneegar Street, Adambakkam, Chennai - 600 088 in Adambakkam Village, Alandur Taluk, Kancheepuram District:

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Bounded on the:

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North by Door No.130, Land & Building owned by Mr. Suri

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South by Property owned by Mr. Munusamy Naidu

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East by Karuneegar Street

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West by Property owned by Mrs. Ranjitha & Others Measuring on the:

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East to West on the Northern Side: 127 Feet 0 Inches East to West on the Southern Side: 120 Feet 0 Inches North to South on the Eastern Side: 20 Feet 6 Inches North to South on the Western Side: 20 Feet 6 Inches

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In all Total Extent of 2531 ¾ Sq.Ft., of Land together with Building & Shops and the Property is situated within the Registration District of Chennai South and Sub Registration District of Alandur.

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SCHEDULE "B"

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(HEREBY CONVEYED BY THIS DEED)

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94 Sq.Ft., Undivided Share of Land in Schedule "A" mentioned property above together with a Flat / Shop bearing No.F-5 (Rear Flat near the Staircase) having a Built up area of 311 Sq.Ft., including Common area, EB Connection etc., in First Floor, Flat situated at “THAI HOMES", Door Nos.125, 126, 127, 128 & 129, Karuneegar Street, Adambakkam, Chennai - 600 088.

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ITEM -2

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SCHEDULE "A"

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All that piece and parcel of Land and Building (Flat), bearing Door Nos. 125, 126, 127, 128 & 129 to an Extent of 25314 Sq.Ft., of Land together with Building & Shops, Comprised in Old Paimash No.115, then Survey No.204/25 now Ward No.G, Block No.14, T.S.No.104 in Karuneegar Street, Adambakkam, Chennai - 600 088 in Adambakkam Village, Alandur Taluk, Kancheepuram District:

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Bounded on the:

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North by Door No.130 (House belonging to Suri) South by Property of Mr.Munusamy Naidu East by Karuneegar Street and

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West by Property belonging to Mrs.Ranjitha & Others

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Measuring on the:

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East to West on the Northern Side: 127 Feet 0 Inches East to West on the Southern Side: 120 Feet 0 Inches North to South on the Eastern Side: 20 Feet 6 Inches

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North to South on the Western Side: 20 Feet 6 Inches

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In all Total Extent of 253134 Sq.Ft., of Land together with Building & Shops and the Property is situated within the Registration District of Chennai South and Sub Registration District of Alandur.

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SCHEDULE "B"

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(HEREBY CONVEYED BY THIS DEED)

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350 Sq.Ft., Undivided Share of Land in Schedule "A" mentioned property above together with a Flat / Shop bearing No.F-1 having a Built up area of 800 Sq.Ft., including Common area, EB Connection etc., in First Floor, Flat situated at "THAI HOMES”, Door Nos.125, 126, 127, 128 & 129, Karuneegar Street, Adambakkam, Chennai - 600 088.

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Sd/-

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

Bank of Baroda v. Kandhan

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Kandhan

Case brief

What is this about?

What did the court decide?

What the court decided

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