Allowed

Canara Bank v. R G Enterprises Rep By Mr R Sathish And two Others

DRT21 May 2026TA/91/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's application for recovery of dues totaling Rs. 2.75 Crores from three defendants who were set ex-parte. The court affirmed the bank's claim based on loan documents and account statements, ordering recovery with interest and sale of mortgaged property if necessary.

What did the court decide?

Recovery of total sum of Rs.2,75,46,833.89p with interest; liberty to sell mortgaged immovable property and personal assets of guarantors.

Canara Bank versus R G Enterprises Rep By Mr R Sathish And… — Company and Corporate | DRT (2026)

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T.A. No.91 of 2023

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21.05.2026

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IN THE DEBTS RECOVERY TRIBUNAL-III, CHENNAI

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Dated this the 21^st day of May, 2026

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Present: SMT. S.V. GOWRAMMA Presiding Officer

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TRANSFERRED APPLICATION No.91 of 2023

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(Originally filed before DRT- II, Chennai as OA No.334 of 2018 and thereafter transferred to this Tribunal and renumbered as TA No.91 of 2023)

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Canara Bank, General Patters Road Branch, No.110, General Patters Road, Chennai-600 002, Rep by its Chief Manager

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….Applicant

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-Vs-

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M/s. R.G. Enterprises, Rep. by its Proprietor Mr.R.Sathish, No.11/13, S.R. Complex, Bharathidasan Colony, K.K. Nagar, Chennai-600 078

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Mr.R.Sathish, S/o.Mr.G.Ramachandran, No.40, 3^rd Street, Visalakshi Nagar, Ekkattuthangal, Chennai-600 032

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Mr.G.Ramachandran, S/o Late K. Govindan, Door No.21, Jeevanandham Street, M.G.R. Nagar, Chennai-600 078

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….Defendants

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Counsels on record / appeared:

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Counsel for Applicant: M/s. S.Kesavan

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Defendants 1 to 3 were set ex-parte on 30.08.2023

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T.A. No.91 of 2023

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: - FINAL ORDER- :

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This Original Application is filed on 16.05.2018 by the applicant bank under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 (formerly Recovery of Debts Due to Banks and Financial Institutions Act, 1993) against the defendants 1 to 3, jointly and severally for recovery of a total sum of Rs.2,75,46,833.89p (Rupees Two Crores Seventy Five

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Lakhs Forty Six Thousand Eight Hundred and Thirty Three and Eighty Nine paise only) as follows:

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i. A sum of Rs.2,65,85,532/- due in respect of Secured OD limit (A/c No.0908256000843) repayable together with further interest @ 13.15% p.a. with monthly rests from the date of Application till the date of realization in full;

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ii. A sum of Rs.9,61,301.89p due in respect of Term loan (A/c No.0908773000043) repayable together with further interest @ 13.70% p.a. with monthly rests from the date of Application till the date of realization in full;

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for sale of schedule mentioned immovable property and for costs of this OA.

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Originally, this Application was filed before DRT-II, Chennai, assigned OA No. 334 of 2018, and thereafter in pursuance to the notification from Ministry of Finance, DFS dated 04.10.2022, OA No.334 of 2018 stood transferred to this Tribunal and renumbered as TA No. 91 of 2023.

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T.A. No.91 of 2023

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Brief Facts of the case:

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The Applicant submits that the application is filed within the period of limitation as prescribed under Section 24 of the Recovery of Debts and Bankruptcy Act, 1993, and the subject recovery claim falls within the jurisdiction of this Tribunal.

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It is the case of the Applicant Bank that the 2^nd defendant is the Proprietor of the 1^st defendant and the 3^rd defendant is the father of the 2^nd defendant. Whereas, the 1^st defendant is one of the constituents of the Applicant Bank and thereby approached them to grant Secured Over draft limit of Rs.100.00 Lakhs to develop their business activities. In this connection, the 1^st defendant has submitted necessary request for Over Draft facility on 05.12.2014 and the 3^rd defendant who is the absolute and lawful owner of the property bearing Door No.40, situated in 3^rd Street, Visalakshi Nagar, Ekkattuthangal, Chennai-32, has specifically agreed to create equitable mortgage in respect of the said limit availed by the 1^st defendant and also agreed to stand as Guarantor.

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It is submitted by the applicant bank that taking into consideration of their request as well as immovable property as security offered by the 3^rd defendant herein, the Applicant bank by their Sanction Memorandum dated 05.12.2014 specifically agreed to grant loan of Rs.100.00 Lakhs under Secured Over draft facility to the 1^st defendant with certain terms and conditions and the same was also duly acknowledged by the 1^st defendant.

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The applicant further submits that in furtherance of these developments, the 2^nd defendant had submitted Letter of Proprietorship on 08.12.2014 and thereby confirmed that he is the proprietor of the 1^st defendant. As such, at the time of availment of the Secured Over draft facility of Rs.100.00 Lakhs, the following documents have been executed by the 1^st defendant along with the 3^rd defendant on 08.12.2014:

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i) Pronote for Rs.1 Crore.

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ii) Letter of undertaking.

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iii) Common Hypothecation Agreement.

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iv) Guarantee Covering Letter together with Guarantee Agreement by the 3^rd defendant.

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v) Letter for submitting to arbitration.

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It is submitted by the applicant bank that thus the defendants have specifically agreed for the terms and conditions referred in the said documents. Whereas, the 1^st defendant also specifically agreed to regularize the said limit with interest at 12.70% per annum compounded monthly, whereas the rate of interest would be revised from time to time as per the guidelines issued by the RBI and head office circulars. It is also agreed that if the 1^st defendant failed to regularize the said limit, the applicant also entitled to charge overdue interest at 2% per annum over and above the said rate of interest. As per the terms and conditions of the Sanction Memorandum dated 05.12.2014, the said Secured Over draft facility would be tenable upto 04.12.2015. Moreover, the 1^st defendant

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also specifically agreed to submit the stock statements every month on or before 07^th of succeeding month. Moreover, the stocks and book debts have been treated as prime security in respect of the secured OD limit availed by the 1^st defendant in addition to the immovable security.

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The Applicant further submits that subsequent to the availment of the aforesaid Secured Overdraft facility from the Applicant Bank, the 1^st defendant again requested Adhoc limit to the extent of Rs.20 Lakhs for a limited period and thereby submitted necessary request letter on 28.12.2015. Based on the request made by the 1^st defendant, the Applicant Bank also sanctioned the said Adhoc limit on 28.12.2015 for a period of 3 months tenable till 27.03.2015, with certain terms and conditions. Therefore, the 1^st defendant had executed the following documents on 28.12.2015.

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i) Pronote for Rs.20 Lakhs.

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ii) Link letter in respect of enhancement of credit facilities.

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iii) Supplemental common hypothecation agreement.

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Thus, the defendants have specifically agreed for the terms and conditions referred in the same. Whereas, the 1^st defendant also specifically agreed to regularize the said limit with interest at 14.15% per

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annum compounded monthly whereas, the rate of interest would be revised from time to time as per the guidelines issued by the RBI and head office circulars. If the 1^st defendant failed to regularize the said limit,

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the applicant also entitled to charge overdue interest at 2% per annum over and above the said rate of interest.

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The applicant further submits that on 31.12.2014, the 1^st defendant had submitted specific request letter to grant Term Loan for the purchase of Machineries in order to develop the business activities. As such the required Term Loan of Rs.14.50 lakhs was to purchase various machineries. In this connection necessary loan application has been submitted by the defendants on 10.01.2015 together with particulars of the Guarantor and Letter of Proprietorship to confirm that the 2^nd defendant is the Proprietor of the 1^st defendant. Moreover the 3^rd defendant also specifically agreed to extend the mortgage in respect of his immovable property, which is morefully described in the schedule of the OA.

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Taking into consideration of the developments as well as immovable security offered by the 3^rd defendant, the applicant bank granted a sum of Rs.14.50 lakhs under Term Loan to purchase such machineries. At the time of availment of the aforesaid Term Loan of Rs.14.50 lakhs by the defendants, the following documents have been executed by them on 23.01.2015:

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i) Agreement regarding collateral security.

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ii) Letter of Undertaking

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iii) Agreement cum Deed of Hypothecation

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iv) Particulars of the machineries hypothecated.

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v) Guarantee covering letter together with Guarantee Agreement by the 3^rd defendant.

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vi) Mandate for deduction from CASA account.

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Thus the defendants have specifically agreed to the terms and conditions referred in the same.

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The applicant further submits that the defendants also specifically agreed to repay the said loan amount in 60 monthly installments at Rs.24,167/- together with interest at 11.70% per annum compounded monthly. As such the interest should be paid as and when due. Whereas, the rate of interest would be revised from time to time as per the guidelines issued by the RBI and head office circulars. Moreover, if the defendants failed to comply with the repayment schedule, the bank is also entitled to charge overdue interest at 2% per annum compounded monthly over and above the said rate of interest.

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It is submitted by the applicant bank that the Term Loan of Rs.14.50 Lakhs together with margin amount paid by the 1^st defendant was directly paid to M/s Schwing Stetter India, Pvt, Ltd., situated in Irungattukottai, Kancheepuram to enable them to deliver 50 MTR pipeline accessories and concrete pump BP1800 RPFHTRD directly to the 1^st defendant. Moreover, the said machineries above referred have been hypothecated for the due repayment of the said Term Loan granted to the 1^st defendant.

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The applicant submits that the 3^rd defendant, who is the absolute and lawful owner of the mortgaged property morefully described in the OA schedule has extended the mortgage by executing consent letter on 23.01.2015. As such the aforesaid Term Loan was duly secured by the applicant. Unfortunately, and for the reasons best known to the defendants, they have miserably failed to comply with the repayment schedule despite the request and demand made by the applicant on various occasions. Despite the developments, the 1^st defendants had executed the Acknowledgement of Debt and Security on 20.01.2017 and thereby confirmed the existing liability under the term loan. Therefore, the said loan account along with other accounts became Non-Performing Asset (NPA) on 29.06.2017. As such the defendants are due and liable to pay a sum of Rs.9,61,301.89p with interest at 13.70% per annum under term loan.

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It is the further case of the applicant bank that in the course of such developments as well as transactions, the 1^st defendant again requested to renew the said secured O.D. limit with enhancement and thereby submitted necessary application. Taking into consideration of their request, the applicant bank by their sanction memorandum dated 13.01.2016 has agreed to renewal with enhancement from Rs.100.00 Lakhs to Rs.150.00 with certain terms and conditions and the same has been accepted by the 1^st defendant. Therefore at the time of enhancement of the said limit, the defendants have executed the

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following documents to and in favour of the Applicant bank on 14.01.2016.

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i) Letter of renewal.

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ii) Link letter in respect of enhancement of the credit facilities.

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iii) Pronote for Rs.50 Lakhs.

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iv) Supplemental common hypothecation agreement.

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v) Guarantee covering letter together with guarantee agreement by the 3^rd defendant.

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vi) Acknowledgement of debt and security by the 1^st defendant.

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Thus, the defendants have specifically agreed for the terms and conditions referred in the same. Whereas, the 1^st defendant also specifically agreed to regularize the said limit with interest at 12.05% per annum compounded monthly. Moreover the rate of interest would be revised from time to time as per the guidelines issued by the RBI and

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head office circulars. It is further agreed that if the 1^st defendant failed to regularize the said limit, the applicant also entitled to charge overdue interest at 2% per annum over and above the said rate of interest. As per the terms and conditions of the sanction memorandum dated 13.01.2016, the said Secured Over draft facility would be tenable upto 05.01.2017. Moreover, the 1^st defendant also specifically agreed to submit the stock statements every month on or before 07^th of succeeding month. Moreover, the stocks and book debts have been treated as prime security in respect of the secured OD limit availed by the 1^st defendant.

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It is submitted by the applicant bank that in the course of such transactions, the 1^st defendant has submitted letter on 26.04.2016 and thereby requested to grant Adhoc limit for a sum of Rs.30 Lakhs for a limited period of 90 days in order to develop his business activities. Taking into consideration, the request made by the 1^st defendant, the Applicant bank granted Adhoc limit of Rs.30 Lakhs based on the Sanction Letter dated 26.04.2016 in addition to the availment of secured OD limit of Rs.150.00 lakhs. In this connection, the 1^st defendant had executed the following documents to and in favour of the Applicant Bank on 26.04.2016:

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i) Link letter in respect of enhancement of the credit facilities.

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ii) Pronote for Rs.30 lakhs.

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iii) Supplemental common hypothecation agreement.

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As per the terms of sanction, the said Adhoc limit has to be regularized with interest at 13.90% per annum compounded monthly, whereas the rate of interest would be revised from time to time as per the guidelines issued by the RBI and Head Office circulars. If the 1^st defendant failed to regularize the said limit, the applicant is also entitled to charge overdue interest at 2% per annum over and above the said rate of interest.

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The Applicant further submits that in the course of such developments, the 1^st defendant again required the renewal with enhancement of the said OD limit for further period to develop his business activities. Thus, based on the request made by the 1^st

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defendant, the said OD limit of Rs.150 Lakhs has been renewed with enhancement to the extent of Rs.190 Lakhs and the same has been confirmed under Sanction Memorandum dated 15.03.2017 which was tenable till 14.03.2018. As such, the 1^st defendant has agreed for the terms and conditions referred in the same. At the time of renewal with enhancement, the following documents have been executed by the defendants on 15.03.2017:

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i) Letter of renewal.

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ii) Link letter in respect of enhancement of credit facilities.

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iii) Pronote for Rs.40 lakhs.

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iv) Supplemental common hypothecation agreement.

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v) Agreement regarding advances against book debts as prime security.

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vi) Guarantee covering letter together with guarantee agreement by the 2^nd defendant.

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vii) Guarantee covering letter together with guarantee agreement by the 3^rd defendant.

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viii) Acknowledgement of debt and security by the 1^st defendant.

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Thus, the defendants have specifically agreed for the terms and conditions referred in the same. Moreover, the 1^st defendant also specifically agreed to regularize the limit with interest at 11.15% per annum compounded monthly whereas the rate of interest would be

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revised from time to time as per the guidelines issued by the RBI and head office circulars. If the 1^st defendant failed to regularize the said limit,

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the applicant also entitled to charge overdue interest at 2% per annum over and above the said rate of interest. Moreover, the stocks and book debts available at the place of business premises have been treated as prime security. The 1^st defendant had to submit stock statement every month on or before 7^th of succeeding month.

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The Applicant further submits that in the course of such business developments, the 1^st defendant again required Adhoc limit of Rs.38 lakhs in addition to the regular limit availed by him as stated above. In this connection, the 1^st defendant has submitted necessary request letter on 21.03.2017. Therefore, the Applicant Bank has granted adhoc limit of Rs.38 Lakhs for a period of 3 months tenable till 19.06.2017. At the time of availment of the adhoc limit of Rs.38 Lakhs, the following documents have been executed by the defendants on 22.03.2017.

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i) Pronote for Rs.38 lakhs.

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ii) Supplemental common hypothecation agreement.

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iii) Link letter in respect of enhancement of credit facilities.

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iv)Guarantee extension letter by the 3^rd defendant.

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Whereas the 1^st defendant also specifically agreed to regularize the said limit with interest at 13.15% per annum compounded monthly, whereas the rate of interest would be revised from time to time as per the guidelines issued by the RBI and head office circulars. If the 1^st defendant failed to regularize the said limit, the applicant also entitled to charge overdue interest at 2% per annum over and above the said rate of interest.

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The Applicant further states that the 3^rd defendant who is the absolute and lawful owner of the property bearing Door No.40, 3^rd Street, Visalakshi Street, Ekkattuthangal, Chennai-32, which is more fully described in the Schedule to the OA, had deposited his title deeds with the applicant bank on 05.12.2014 and the same has been confirmed under Memorandum of deposit of title deeds dated 08.12.2014 and the same was registered as document No.13003/2014 in the office of the Sub-Registrar of Chennai-South Joint-1. As such, the immovable security was extended by the 3^rd defendant on 07.09.2015 and 10.05.2017 when the limit was renewed with enhancement as stated above.

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The Applicant further states that based on the creation of the equitable mortgage as stated above by the 3^rd defendant, the 1^st defendant has been permitted to avail the Secured OD limit from the applicant bank.

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The Applicant further submits that subsequent to the availment of the aforesaid limits as stated above by the defendants, the operation and conduct of the said limits were not regular and thereby irregular in the maintaining of the said loan accounts. In this connection there has been various request and demand the Applicant and the defendants to clear the said limit in accordance with the terms and conditions of the loan documents. Unfortunately, the defendants were evasive in settling the dues. Therefore the applicant has no other option except to classify the said loan account as Non-performing assets on 29.06.2017 in accordance with the directives/guidelines relating to the assets classification issued by

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the RBI. As such, the Applicant has constrained to send final demand notice to the defendants on 31.07.2017 for their compliance.

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The Applicant further states that since the defendants failed and neglected to regularize the said limits, the applicant has no other option except to proceed on the secured property belonging to the 3^rd defendant by issuance of the notice under Sec.13 (2) of the SARFAESI Act to the defendants on 08.09.2017. Accordingly, the applicant bank granted 60 days time to pay the entire liability to avoid further proceedings under Sec. 13(4) of the said Act. Although, the defendants have received the said notice, they did not come forward to settle the entire dues as demanded by the Applicant Bank for the reasons best known to them. Despite the developments, the 1^st defendant has acknowledged the liability and signed in the necessary document on 24.10.2017. In furtherance of these developments, the applicant has no other option except to take symbolic possession of the mortgaged property by issuance of the possession notice on 21.11.2017. Thus, the applicant bank took symbolic possession of the schedule mentioned property and further proceeded on the same by bringing the property for sale under e- auction on 26.02.2018 by following the procedure contemplated under the Act. However, the sale could not take place for want of bidders. In any event, the 1^st defendant has challenged the proceedings by filing S.A.No.43 of 2018 and the same is pending for adjudication before this Hon’ble Tribunal. Thus, the applicant bank found that the defendants do not co-operate with the applicant bank in setting the outstanding in

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accordance with the terms and conditions of the loan document. Hence, the present Original Application (OA) has been filed by the applicant bank for recovery of its dues from the defendants.

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After the filing of the OA, summons were sent to the Defendants 1 to 3 through Registered Post with Acknowledgment Due, which was served. Defendants entered appearance through their counsel and filed vakalath. However, despite availing several adjournments, defendants did not choose to file written statement. When OA was taken up on 30.08.2023 even after giving sufficient time, there was no appearance or representation from the defendants. Hence Defendants 1 to 3 were placed ex-parte on 30.08.2023.

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Heard the submissions of Applicant Bank and perused the

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records.

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To prove the case of the Applicant Bank, Sh. D. Ravishankar, Senior Manager of the Applicant Bank, has filed his Affidavit by way of evidence and same was considered as evidence of AW-1 and list of documents came to be marked as Ex A-1 to A-72 .

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A careful examination of the pleadings in the Proof Affidavit and documents Exhibits A-1 to A-72 evidence that the borrowal of credit facilities and execution of loan and security documents are true, in terms of averments made in Original Application as well as Proof Affidavit filed by applicant bank establishing its claim. Applicant bank filed Statement of Accounts duly certified under Bankers’ Book Evidence Act, evidencing

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the amount claimed against defendants.

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The defendants were set ex-parte on 30.08.2023, but till this day they did not take any action to set aside the ex-parte order and did not choose to contest the claim. Further, a careful scrutiny of records makes it clear that present application is filed well within limitation and this Tribunal possesses necessary and proper jurisdiction to entertain and adjudicate the claim. No oral or documentary evidence on the side of defendants are produced or filed to dispute the claim of applicant bank. Hence, it can be concluded that applicant bank has proved its claim against defendants.

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With regard to the amount advanced, the interest applied the conduct and operations in the account and the default committed, this Tribunal comes to the conclusion that the applicant bank is entitled for a final order on the following terms:

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: O R D E R :

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The OA is allowed with costs,

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(a) The applicant bank is allowed to recover from the Defendants 1 to 3 jointly and severally, for recovery of a total sum of Rs.2,75,46,833.89p (Rupees Two Crores Seventy Five Lakhs Forty Six Thousand Eight Hundred and Thirty Three and Eighty Nine paise only) as follows:

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(i) A sum of Rs.2,65,85,532/- due in respect of Secured

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OD limit (A/c No.0908256000843) repayable together

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with further interest @ 13.15% p.a. with monthly rests from

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the date of Application till the date of realization in full;

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(ii) A sum of Rs.9,61,301.89p due in respect of Term loan (A/c No.0908773000043) repayable together with further interest @ 13.70% p.a. with monthly rests from the date of Application till the date of realization in full along costs of this OA.

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(b) In the event of failure of the Defendants to pay the aforesaid amount, the bank is at liberty to recover the amount by sale of the schedule mentioned immovable property morefully detailed in the OA schedule.

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(d) If the sale proceeds of the mortgaged property are not sufficient to satisfy the dues as ordered above, the applicant bank is at liberty to sell the personal assets of the 2^nd & 3^rd Defendants (both movable and immovable) to recover the balance dues as required under law for which the 2^nd and 3^rd Defendants to disclose to the Tribunal particulars of other properties or assets owned by the 2^nd and 3^rd Defendants.

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(e) The applicant bank shall file the latest memo of calculation of OA amount together with interest, costs etc., to be paid by the Defendants duly considering the amounts, if any, paid by the Defendant and/or amount realized by sale of assets etc., during the

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intervening period after the filing of the OA, enabling the Registry to prepare Recovery Certificate for the amount to be paid by Defendants to the applicant bank.

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(f) The applicant bank shall file memo of costs within ten days from the date of receipt of this final order.

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(g) Recovery Certificate shall be drawn up and issued to the Recovery Officer in terms of the final order.

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A copy of this order be communicated to the parties concerned.

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Sd/(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 21^st day of May, 2026)

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ANNEXURES

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WITNESSES EXAMINED FOR THE APPLICANT BANK :

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AW-1: Sh. D. Ravishankar, Senior Manager of the Applicant Bank

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Exhibits on the part of the Applicant:

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Sl. No	Date	D	escription of Docu	men	ts		Exhibit No.
1	05.12.2014	Request Defendan	for over draft ts to Applicant.	facil	ities	by	A-1
2	05.12.2014	Sanction Applicant	memorandum is Bank.	sued	by	the	A-2
3	08.12.2014	Letter o defendan	f proprietorship t.	by	the	1^st	A-3
4	08.12.2014	Pronote	for Rs.1 Crore	by	the	1^st	A-4

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		defendant.
5	08.12.2014	Letter of undertaking by the 1^stdefendant.	A-5
6	08.12.2014	Common hypothecation agreement by the 1^stdefendant.	A-6
7	08.12.2014	Guarantee covering letter together with guarantee agreement by the 3^rddefendant.	A-7
8	08.12.2014	Submitting for arbitration by the 3^rd defendant.	A-8
9	28.12.2015	Request letter by the 1^stdefendant.	A-9
10	28.12.2015	Office note regarding sanction of the Adhoc limit by the Applicant.	A-10
11	28.12.2015	Pronote for Rs.20 lakhs by the 1^st defendant.	A-11
12	28.12.2015	Link letter in respect of enhancement of credit facilities by the 1^stdefendant.	A-12
13	28.12.2015	Supplemental common hypothecation agreement by the 1^stdefendant.	A-13
14	31.12.2014	Request letter by the 1^stdefendant	A-14
15	10.01.2015	Loan application by the 1^stdefendant.	A-15
16	23.01.2015	Agreement regarding collateral security by the 1^stdefendant.	A-16
17	23.01.2015	Letter of undertaking by the 1^stdefendant	A-17
18	23.01.2015	Agreement cum deed of hypothecation by the 1^stdefendant	A-18
19	23.01.2015	Guarantee covering letter together with guarantee agreement by the 3^rddefendant.	A-19
20	23.01.2015	Particulars of the hypothecation by 1^st defendant	A-20
21	31.01.2015	Tax invoice	A-21
22	23.01.2015	Mandate for deduction from casa account by the 1^stdefendant	A-22
23	23.01.2015	Draft LEDT for additional limit availed by the 2^nddefendant	A-23
24	20.01.2017	Acknowledgement of debt and security in respect of the term loan by the 1^st defendant.	A-24
25	13.01.2016	Sanction memorandum of the Applicant Bank.	A-25
26	14.01.2016	Letter of renewal by the 1^stdefendant.	A-26
27	14.01.2016	Link letter in respect of enhancement of credit facility by the 1^stdefendant.	A-27
28	14.01.2016	Pronote for Rs.40 lakhs by the 1^st defendant.	A-28
29	14.01.2016	Supplemental common hypothecation agreement by the 1^stdefendant.	A-29
30	14.01.2016	Agreement regarding advances against	A-30

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		book debts and as prime security by the 1^stdefendant.
31	14.01.2016	Guarantee covering letter together with guarantee agreement by the 3^rddefendant.	A-31
32	26.04.2016	Request letter by the 1^stdefendant.	A-32
33	26.04.2016	Office note regarding granting of adhoc limit by the applicant	A-33
34	26.04.2016	Link letter in respect of enhancement of credit facilities by the 1^stdefendant	A-34
35	26.04.2016	Pronote for Rs.30 lakhs by the 1^st defendant.	A-35
36	26.04.2016	Supplemental common hypothecation agreement by the 1^stdefendant.	A-36
37	15.03.2017	Sanction memorandum of applicant bank.	A-37
38	15.03.2017	Letter of renewal by the 1^stdefendant.	A-38
39	15.03.2017	Link letter in respect of enhancement of credit facilities.	A-39
40	15.03.2017	Pronote for Rs.40 lakhs by the 1^st defendant..	A-40
41	15.03.2017	Supplemental common hypothecation agreement by the 1^stdefendant.	A-41
42	15.03.2017	Agreement regarding advances against book debts and as prime security by the 1^stdefendant together with enclosure.	A-42
43	15.03.2017	Guarantee covering letter together with guarantee agreement by the 2^nddefendant	A-43
44	15.03.2017	Guarantee covering letter together with guarantee agreement by the 3^rddefendant	A-44
45	15.03.2017	Acknowledgement of debt and security by the 1^stdefendant	A-45
46	21.03.2017	Request letter by the 1^stdefendant	A-46
47	22.03.2017	Office note regarding granting of adhoc limit by the applicant bank	A-47
48	22.03.2017	Pronote for Rs.38 lakhs by the 1^st defendant	A-48
49	22.03.2017	Supplemental common hypothecation agreement by the 1^stdefendant	A-49
50	22.03.2017	Link letter in respect of enhancement of credit facilities.	A-50
51	22.03.2017	Supplemental letter for extension of guarantee by the 3^rddefendant.	A-51
52	08.12.2014	Memorandum of deposit of title deeds by 3^rddefendant vide Doc.No.13003/2014 in JSRO-1 Chennai-south	A-52
53	14.07.1980	Sale deed vide document No.1349/1980 in district registrar, Chennai-south	A-53

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T.A. No.91 of 2023

¶188

¶189

21.05.2026

¶190

54	12.04.1954	Sale deed vide document No.1040/1952	A-54
55	26.12.2014	Online encumbrance certificate	A-55
56	13.04.1993	Certificate cum extract from the permanent land register in the name of govindan issued by the Tahsildar, Mambalam-guindy taluk	A-56
57	29.01.1998	Death certificate of K.Govindan	A-57
58	30.07.1997	Death certificate of Kuppammal	A-58
59	12.02.1998	Legal heir certificate	A-59
60		Approved building plan	A-60
61	11.05.2011	Memorandum of deposit of title deeds by the 3^rddefendant vide Doc.No.3751/2011 in JSRO-1, Chennai south	A-61
62		Encumbrance certificate No.17960	A-62
63	27.11.2014	Receipt vide document No.12588/2014 in JSRO-1 Chennai south	A-63
64	07.09.2015	Supplemental Memorandum of deposit of title deeds vide Doc.No.11162/2015 in JSRO-1, Chennai-South.	A-64
65	10.05.2017	Supplemental memorandum of deposit of title deeds vide Doc.No.4660/2017 in JSRO-1, Chennai-South.	A-65
66	31.07.2017	Recall letter by the Applicant Bank.	A-66
67	08.09.2017	Notice issued under Sec. 13(2) of the SARFAESI Act to the 1^stdefendant.	A-67
68	08.09.2017	Notice issued under Sec. 13(2) of the SARFAESI Act to the 2^nddefendant.	A-68
69	08.09.2017	Notice issued under Sec. 13(2) of the SARFAESI Act to the 3^rddefendant.	A-69
70	24.10.2017	Acknowledgement of debt and security by the 1^stdefendant	A-70
71	16.05.2018	Statement of account together with enclosures under sec.2(A) (a) of the Banker’s books of evidence	A-71
72	16.05.2018	Statement of account together with enclosures under sec.2(A) (a) of the Banker’s books of evidence	A-72

¶191

Witness Examined for the Defendants: -Nil-

¶192

List of Documents Exhibited for the Defendants: -Nil –

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T.A. No.91 of 2023

21.05.2026

:-SCHEDULE-:

(Belonging to the 3^rd defendant)

¶198

All that piece and parcel of land and building bearing Plot No.40, Vishalatchi Nagar 3^rd Cross Street, Ekkattuthangal, Chennai-600 032, comprised in Old Survey No.46, Town Survey No.63, as per Patta Town Survey No.63/9, Block No.1, Ekkattuthangal Village, land measuring an extent of 1900 sq.feet together with building thereon and bounded on the –

¶199

North by – 20 Feet Road

¶200

South by – Old Survey No.61 East by – Survey No.43 and

¶201

West by – Plot No.41

¶202

Situated within the Registration District of South-Chennai and SubRegistration District of JSRO-1, Saidapet.

¶203

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

Canara Bank v. R G Enterprises Rep By Mr R Sathish And two Others

Case brief

What is this about?

What did the court decide?

Canara Bank v. R G Enterprises Rep By Mr R Sathish And two Others

Case brief

What is this about?

What did the court decide?

What the court decided

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