STATE BANK OF INDIA vs ANVER KADER on 20 April 2026

1. Anver Kader Perumparambath,

S/o.Perumparambath Kader,

VIII/258, Punnayoorkulam – Grama Panchayath, Punnayoorkulam Village, Chavakkad Taluk, Thrissur – 679 565.

2. Sarojini,

W/o.Manikkan,

House No.2/108,

Arithottath House,

Mattathur P.O.,

Trichur – 680 692.

3. Ammini,

D/o.Manikkan,

House No.2/483,

Ananthapuram Village,

Ananthapuram P.O.,

Trichur – 680 323.

…Defendants

This Original Application having been heard on 25.03.2026 in the presence of Advocate Sri.Tom K.Thomas for the applicant bank and stood over to this day for consideration, the Tribunal delivered the following: F I N A L O R D E R

This Original Application has been filed under S.19(1) of the Recovery of Debts and Bankruptcy Act, 1993 for recovery of a sum of Rs.10,23,428.84 due under housing loan account together with future interest thereon @8% per annum with monthly rests from the defendants and by sale of the OA schedule property. Facts of the case:

2. The applicant is a body corporate constituted under the State Bank of India Act, 1955, having its corporate centre at Madame Cama Road, Nariman Point, Mumbai and branches at various places including one at Irinjalakuda.

3. Pursuant to the application submitted by the 1st defendant, applicant bank granted a home loan of Rs.9.22 lakhs on 13.08.2009 for purchase of land and construction of a house therein and defendants 2 and 3 guaranteed due repayment of the amount due under the loan account. The 1st defendant through his Power of Attorney holder executed the loan documents in favour of the applicant bank. Towards collateral security for the housing loan, the 1st defendant created equitable mortgage over the subject matter property purchased by him by deposit of title deed with the applicant bank. Thereafter, the 1st defendant defaulted in repayment of the instalments and the account became irregular. Consequently, applicant bank issued a lawyer notice to the defendants on 16.08.2010 calling upon them to repay the outstanding loan amount but they did not clear the liability. In such premises, the applicant bank was constrained to file the OA claiming the following reliefs:

(i) To recover a sum of Rs.10,23,428.84 together with pendente lite and post decree interest thereon from the defendants and by sale of the OA schedule property;

(ii) To recover the costs, charges and expenses from the defendants;

(iii) To issue Recovery Certificate to the Recovery Officer with a direction to recover the amount and pay it to the applicant bank.

4. The defendants 1 to 3 were duly served with summons. Though the 1st defendant entered appearance and sought adjournment for filing written statement, he did not file any written statement despite time granted. Subsequently, he remained absent and was not represented and hence the 1st defendant was set exparte on 26.02.2014.

5. The defendants 2 and 3 jointly filed written statement denying the claim made by the applicant bank and contending that the documents produced by the bank purportedly executed by them are not genuine and it is the result of fraud and hence sought to dismiss the OA with costs. Proof Affidavit:

6. In order to establish the claim on behalf of the applicant bank, one Mr.R.V.Suresh Kumar, Branch Manager and Mrs.Lekha Menon G., Chief Manager has filed proof affidavit and additional proof affidavit respectively and produced the loan documents marked as Exhibits A1 to A12. The proof affidavit and additional proof affidavit filed by AW1 and AW2 and the documents produced in this case are not challenged by the defendants by adducing any evidence.

7. Heard arguments advanced by the learned counsel for the applicant bank.

8. The sole issue arises for consideration is whether the applicant is entitled to recover the amount claimed in this case from the defendants?

9. It appears from the records that the 1st defendant availed the subject loan of Rs.9.22 lakhs from the applicant bank and he being the borrower and defendants 2 and 3 as guarantors have countersigned the sanction letter marked as Ext.A2 in token of having accepted the terms and conditions thereof. Further, it could be seen that defendants 2 and 3 have executed guarantee agreement dated 13.08.2009 marked as Ext.A4 agreeing to repay the amount payable by the borrower to the bank in respect of the subject housing loan with interest thereon and also agreed that the liability under this guarantee is co-extensive with that of the principal borrower. The creation of mortgage over the subject matter property is also well established from the documents placed by the applicant bank. Defendants 2 and 3 were granted sufficient opportunity to prove their claim but they have not filed any counter proof affidavit nor adduced any documentary evidence to buttress their contentions and they remained absent from the proceeding from 17.06.2015. An amount of Rs.10,23,428.84 is outstanding in the housing loan account as on 14.09.2010, which is clearly established from the account statements marked as Exhibits A9 and A10 and the applicant is entitled to recover the said amount from the defendants.

10. It is apparent from the additional proof affidavit filed by AW2 that pending the OA, applicant bank initiated recovery proceedings under the provisions of SARFAESI Act and sold the secured asset for Rs.4,51,001/- on 14.06.2013 and the said amount was appropriated towards the housing loan account, which is evident from the account statement marked as Ext.A12.

11. Considering the amount advanced, interest applied, repayments effected and the recovery effected by sale of the secured asset, I am of the view that the applicant bank is entitled to get pendente lite and post decree interest @8% per annum, which is reasonable in the facts and circumstances of the case.

12. The applicant bank, therefore, is entitled to get a final order on the following lines: In the result, the applicant bank is given a final order allowing it to recover:

(i) the sum of Rs.10,23,428.84 (Rupees ten lakhs twenty three thousand four hundred and twenty eight and Paise eighty four only) due under the housing loan account, less the sum of Rs.4,51,001/- (Rupees four lakhs fifty one thousand and one only) recovered by the applicant bank by sale of the secured asset on 14.06.2013, from the defendants;

(ii) Pendente lite and post decree interest on the sum of Rs.10,23,428.84 (Rupees ten lakhs twenty three thousand four hundred and twenty eight and Paise eighty four only) @8% per annum from 22.09.2010 till realization from the defendants; and

(iii) also costs and expenses borne by it for realization of the loan from the defendants.

13. The applicant bank shall file memo of costs within ten days from the date of this final order.

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

15. Communicate copy of this order to both parties as provided in R.16 r/w R.2(c) of the Debts Recovery Tribunal (Procedure) Rules, 1993. (Dictated to my PA, corrected and pronounced by me in the open Tribunal on this the 20th day of April, 2026)

[SOVAN KUMAR DASH]

A P P E N D I X Witness for Applicant: AW1: Sri.R.V.Suresh Kumar, Branch Manager of the applicant bank. AW2: Smt.Lekha Menon G., Chief Manager of the applicant bank. Witness for Defendant(s): Nil

Applicant’s Exhibits

Ext.No Date Particulars of documents

A1 07.08.2009 Certified copy of housing loan application submitted by the 1st defendant. A2 13.08.2009 Certified copy of arrangement letter issued by the applicant bank sanctioning housing loan of Rs.9.22 lakhs to the 1st defendant. A3 13.08.2009 Certified copy of memorandum of loan agreement executed by the 1st defendant. A4 13.08.2009 Certified copy of guarantee agreement executed by defendants 2 and 3 in favour of the applicant bank. A5 18.08.2009 Certified copy of sale deed No.2413/2009 of Cherpu SRO. A6

16.08.2010 Copy of lawyer notice issued to the defendants calling upon them to clear the liability. A7

… Returned postal envelope addressed to the 1st defendant as ‘unclaimed’. A8

… Returned postal envelope addressed to the 2nd defendant. A9

… Certified copy of the statement of account relating to the housing loan. A10 … Statement showing the interest accrued under Ext.A9 account. A11 … Statement showing the rate of interest applied in Ext.A9 account from time to time.

A12 … Certified copy of the statement of account evidencing appropriation of e-auction amount in the housing loan account.

Defendants’ Exhibits – Nil

PRESIDING OFFICER

IN THE DEBTS RECOVERY TRIBUNAL-2, KERALA AT ERNAKULAM

PRESENT: SRI.SOVAN KUMAR DASH PRESIDING OFFICER

Dated the 20th April, 2026

TA No.1214/2016 (OA NO.401/2010)

Between

State Bank of India, Irinjalakuda Branch, Thrissur.

…Applicant

And

Anver Kader Perumparambath, S/o.Perumparambath Kader, VIII/258, Punnayoorkulam – Grama Panchayath, Punnayoorkulam Village, Chavakkad Taluk, Thrissur – 679 565 & 2 others.

...Defendants