Debts Recovery Tribunals and Appellate Tribunals
STATE BANK OF INDIA vs DR. SURENDRA KUMAR on 30 November 2019
✓
**IN THE DEBTS RECOVERY TRIBUNAL II, KARNATAKA AT
BENGALURU**
Dated this the 30<sup>th</sup> day of November 2019
**:Present:**
**Shri K Ravindran Nair
Hon'ble Presiding Officer
In-charge-DRT-II**
**TA NO. 2089/2017
(O.A.No.715/2015 of DRT-1)**
**BETWEEN**
**STATE BANK OF INDIA,
Maipal Branch,
P.O. Manipal, Near Tiger Circle,
Udupi Taluk 576106.
Represented by its Chief Manager -
Pushpa.BAlkur
D/o Sri Basappa**
**APPLICANT**
**AND**
**Dr. Surendra Kumar
S/o Keshumar,
Permanently R/at:
Village Samaspuradoyam,
Post Rampur, Sakarvari,
AmbedkarnagarDistrict,
Uttar Pradesh 224122**
..... **DEFENDANT**
**Counsels on record/appeared for:**
**Applicant : B.S.Muralidhara**
**Defendant : *Ex parte.***
2TA.2089/2017**FINAL ORDER**
Applicant Bank filed the present Original Application on 24.02.2015 under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, seeking recovery of an amount of Rs.15,71,068 /- (Rupees Fifteen Lakhs Seventy One Thousand Sixty Eight only) from the Defendant together with interest and cost.
2. The case of the applicant bank is that the defendant had approached the applicant bank for finance assistance for the purpose of Educational Term Loan. The applicant bank considered his request and sanctioned term Loan of Rs.7,50,000/-, vide Sanction Letter dated 04.08.2015. The defendant has executed necessary documents in favour of the applicant bank. After availing the loan, the Defendant failed to regularize the loan accounts and also failed to pay the interest/installments and did not come forward to repay the balance outstanding. The defendant did not come forward to clear the dues in response to Applicant bank's legal notice dated 13.11.2013. Hence, the present OA is filed. The applicant bank has produced the documents in 3TA.2089/2017
favour of its case viz., Loan applications, Letter of Arrangement , Agreement for term loan for SBI scholar Education loan, Credit Sanction Intimation, Account Opening Form, Cheque Collection Letter by the defendant, Declaration by defendant, Consent Letter by the defendant, Legal Notice, Postal Acknowledgment, and certified accounts extract.
3. Further the Defendant agreed to repay the above loan with variable rate of interest, as applicable from time to time as per the directions of the Head Office/Central Office of the Applicant Bank and penal interest in case of default and to keep the account regular by paying installments as and when due to the satisfaction of the Applicant Bank, as detailed in the OA by the Applicant Bank.
4. The Defendant after utilizing the entire loan proceeds for the above said purpose has failed to make the repayment of the loan dues as agreed and he has not serviced the loans as per the terms and conditions agreed by defendant and he has become chronic defaulter in the said dues and hence, the recovery process is initiated against the defendant to recover the dues.
5. In the light of these factors, it is contended by the Applicant 4TA.2089/2017
Bank that, the defendant is liable to pay a total sum of Rs.15,71,068/- (Rupees Fifteen lakhs Seventy One Thousand Sixty Eight only) together with interest and costs.
6. After filing the OA, summons sent to the defendant through RPADand same were served. Even then, when the defendant was called out, he remained absent and hence, placed *ex parte*.
7. To prove the case of the Applicant Bank, it's Chief Manager Mrs. Pushpa B Alkur D/o Sri Basappa has filed her affidavit by way of evidence and same was considered as evidence of AW-1 and marked at Ex. A-1 and list of documents came to be marked as Ex.A-2 and 9 documents came to be marked as Ex.A-3 to Ex.A.11.
8. No evidence on behalf of the Defendant.
9. Arguments of Learned Counsel for the Plaintiff/ applicant bank heard and perused the records of the case.
10. Following points arise for my consideration:
1. 1) Whether Plaintiff/applicant bank proves its case as contended in the plaint/application?
2. 2) What order?
11. For the following reasons, I answer the above referred points in the following manner:
5TA.2089/2017**REASONS**
12. Mrs. Pushpa B. Alkur D/o Sri Basappa- the Chief Manager of the applicant bank came to be examined as AW-1. Her affidavit by way of evidence reiterates the facts pleaded in the plaint and her affidavit is also corroborated by the above referred Ex. A-3 to Ex. A-11, which clearly establish the case of the applicant bank to allow the present OA. Added to this, the defendant inspite of entering appearance did not choose to file her written statement and also led any evidence to rebut the claim of the Applicant Bank. Hence, it is to be construed that he has admitted the entire case pleaded by the applicant bank as sought in the present OA.
13. Therefore, for these reasons, present OA is to be allowed with costs as sought by the applicant bank.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
**ORDER**
Present OA stands allowed as prayed for with costs.
Defendant shall be liable to pay entire OA amount of Rs.15,71,068 /- (Rupees Fifteen Lakhs Seventy One Thousand Sixty Eight only) together with future interest at the rate of 6TA.2089/2017
13.50% p.a. with monthly rests, from the date of Application, till the date of realization, as sought by the Applicant Bank in the OA.
The Applicant Bank is at liberty to proceed against the person and other properties of the defendant (if any) as required under the law and as advised.
Applicant Bank shall file fresh Memo of calculation of OA amount together with interest, costs etc., to be paid by Defendant duly taking into account the amount/s if any paid by the Defendant and/or amount realized by sale of assets, etc., during the intervening period after filing the OA, to enable the office to prepare Recovery Certificate for the amount to be paid by the Defendant to the Applicant Bank.
Office is directed to issue Recovery Certificate.
(Dictated to the Steno, transcribed by her and after necessary corrections, signed and pronounced by me in the Open Court on this the **30<sup>th</sup> day of November 2019**.)
**(K. RAVINDRAN NAIR)**
Presiding Officer, I/c-DRT-II, Bengaluru.
7TA.2089/2017**ANNEXURES****LIST OF WITNESSES EXAMINED ON BEHALF OF APPLICANT-BANK:**
AW.1 – Pushpa. B. Alkur, D/o Sri Basappa Chief Manager of Applicant Bank.
**LIST OF DOCUMENTS MARKED ON BEHALF OF APPLICANT BANK:**
Ex.A.1 : Affidavit of AW.1. Ex.A.2 : List of documents. Exs.A.3 – A.11 : 9 documents.
**LIST OF WITNESSES EXAMINED ON BEHALF OF DEFENDANT:**
- NIL -
**LIST OF DOCUMENTS MARKED ON BEHALF OF DEFENDANT:**
-NIL-
**(K. RAVINDRAN NAIR)**
Presiding Officer, I/c-DRT-II, Bengaluru.
s\*
This image is a scan of a blank white piece of paper. It contains no text, figures, or tables. There are a few very small, faint dark specks scattered across the page, which appear to be scanning artifacts or dust particles. The overall background is a uniform off-white color.