STATE BANK OF INDIA vs K. KOLANDASAMY on 12 March 2024

O R D E R

1. This Original Application is filed by the Applicant Bank, under Section 19 of the RDDB & FI Act, 1993, 2 TA 34/2020

a. to direct the Defendant to pay to the Applicant Bank for a sum of Rs.12,99,700/- as Agriculture Term Loan together with further interest at the rate of 12.50% p.a., from the date of Application, till the date of realization; failing which,

b. to direct the Applicant Bank to bring the Mortgaged Properties mentioned hereunder as Schedule – “A” for sale and the sale proceeds appropriated for recovery of a sum of Rs.12,99,700/- as Agriculture Term Loan together with subsequent interest at the rate of 12.50% per annum, from the date of Application, till the date of its realization with Costs of this OA.

BRIEF FACTS

2. The Averments made by the Applicant Bank in the Application are stated as follows:

2.1. The Defendant approached the Applicant Bank for sanction of Tractor Loan for cultivating purpose and growing crops. Accordingly, the Applicant Bank sanctioned Tractor Loan for a sum of Rs.7,60,000/- on 26.06.2007. 2.2 The Defendant has availed the said loan and executed necessary documents, and Agreement for Hypothecation on 27.06.2007 in favour of Applicant Bank. In Addition, the Defendant had deposited his title deeds for creating Equitable Mortgage on 29.07.2007 in respect of Schedule – “A” property hereunder. The Defendant has also agreed to pay the interest subject to the variation of rate of interest by Reserve Bank of India from time to time.

2.3. As on 17.08.2011, the due and outstanding amount of Rs.12,99,700/- with interest @ 12.50% p.a. from the Defendant. Continuing irregularity of the Account, the Applicant Bank had issued Notice to the Defendant on several times. On 14.07.2011 the Applicant 3 TA 34/2020

Bank issued Legal Notice to the Defendant. The same had been received by the Defendant on 20.07.2011. But the Defendant did not take any steps to settle the amount. Therefore, the Applicant Bank filed this OA against the Defendants and this Hon’ble Tribunal may be allowed the OA with Costs.

3. The Defendant was called absent and set ex-parte on 25.09.2017.

4. The Applicant Bank, in order to prove its claim, has filed Proof Affidavit executed by one Shri.D. Samuel V. Joseph, Branch Manager of the Applicant Bank and marked the documents as Exts.A-1 to A-24 in support of its claim and reiterated the statements made in the Original Application. A cumulative analysis of both the Proof Affidavit and documents marked by the Applicant Bank would prove on the basis of the claim in the Proof Affidavit filed by the Applicant Bank.

5. Therefore, in view of the observations made supra, the OA stands allowed and the Applicant Bank is entitled to recover,

a. from the Defendant personally for a sum of Rs.12,99,700/- as Agriculture Term Loan together with further interest at the rate of 12% p.a., from the date of Application, till the date of realization; failing which,

b. to direct the Applicant Bank to bring the Mortgaged Properties mentioned as Schedule – “A” hereunder for sale and the sale proceeds appropriated for recovery of a sum of Rs.12,99,700/- as Agriculture Term Loan together with subsequent interest at the rate of 12% per annum, from the date of Application, till the date of its realization with Costs of this OA.

4 TA 34/2020

6. In the result,

a. it is hereby directed that the Defendant personally to pay to the Applicant Bank for a sum of Rs.12,99,700/- as Agriculture Term Loan together with further interest at the rate of 12% p.a., from the date of Application, till the date of realization.

b. On failure to pay, the Applicant Bank is hereby directed to bring the Mortgaged Properties mentioned hereunder as Schedule – “A” for sale and the sale proceeds appropriated for recovery of a sum of Rs.12,99,700/- as Agriculture Term Loan together with subsequent interest at the rate of 12% per annum, from the date of Application, till the date of its realization with Costs of this OA.

7. All the pending IAs. if any, stand closed and disposed of by this Tribunal.

8. The Registry is directed to prepare DRC in terms of this Final Order. The Applicant Bank shall file memo of costs within 15 days from the date of this Order.

9. The Registry is directed to communicate the copy of this Order to both parties as provided in Rule 16 of the Debts Recovery Tribunal (Procedure) Rules, 1993 as amended in 2016. Dictated to Steno, directly typed on the Computer corrected and pronounced by me in the open Tribunal, this the 12th day of March, 2024.

Sd/-

[M.P. BALASUBRAMANIAN]

5 TA 34/2020

DESCRIPTION OF PROPERTIES Schedule –“A” Item – 1

Salem West Registration District, Kolathur Sub Registration District, Mettur Taluk, Kannamoochi Village, R.S.No.336/2, (old S.F.Nos.123, 125, 127 & 131) Punjai hectare 4.78.0. Theerva Rs.9.56. In this, To the south of land belonged to Kumar, 12 feet wide common cart- track and commen well, To the West of Kolathur to Guruvareddiyur Road, To the East of Ramasamy property and Odai, To the north of Palaniappan property. In between, punjai acre 5.75 and mamool road rights. Theerva Rs.4.66. Item – II

Salem West Registration District, Kolathur Sub Registration District, Mettur Taluk, Kannamoochi Village, R.S.No.336/2, To the south and north of defendant property (Item I), To the West of Kolathur to Guruvareddiyur south north Road, To the East

of common well, In between, Punjai acre 0.19 and common half share in the well with 7.5 H.P. electric motor situated thereon. And, well situated in 11 cents. In this, common half share 5 ½ cent. Item – III

Salem West Registration District Kolathur Sub Registration District, Mettur Taluk, Kannamoochi Village, 6 TA 34/2020

R.S.No.340/4, (old S.F.Nos.137B, 138B, 139 & 141) Punjai hectare 2.10.0. Theerva Rs.4.20. R.S.No.340/5, (old S.F.Nos.139) Punjai hectare 0.33.0. Theerva Rs.0.66. With a total extent of punjai hectare 2.43.0. Theerva Rs.4.86. In this, To the North and West of property belonged to K.K. Palanisamy, To the South

of Kolathur to Guruvareddiyur South North

Road and 12 feet wide common cart-track, To the east

of house belonged to K.M. Mani and property

belonged to Kumar. In between, punjai acre 0.08 and a tiled house with appurtenances situated thereon. Door No.4/4 – 162. The total extent of above Items I to III are Punjai acre 5.92 ½. Sd/-

M.P. BALASUBRAMANIAN

PROOF AFFIDAVIT FILED BY THE APPLICANT BANK

1. Shri. D. Samuel V. Joseph, Branch Manager.

LIST OF DOCUMENTS MARKED BY THE APPLICANT BANK

Sl. No. Date Description of Document Exhibits

Original – Loan Sanction Letter of Applicant Bank to the Defendant. A.1

Original – Agreement for Hypothecation executed by the Defendant in favour of the Defendant. A.2

01.03.1967 Certified Copy of Partition Deed executed between Chellammal, Madhappa Gounden, Chiththa Gounden, Palanisamy Gounden, Arappaliammal and A.3

7 TA 34/2020

Thailammal.

4. 30.04.2002 Certified Copy of Partition Deed executed between Chitha Gounder, Selvaraj, Subramaniam and Mathammal. A.4

09.11.2006 Original – Partition Deed executed between Chiththa Gounder, SA. Kumar, S. Kazhandhasamy, Dhenmozhi & Poongodi. A.5

15.02.2007 Original – Patta issued by the Head Quarters Deputy Tahsildar, Mettur for Patta No.1110, Kannaamoochi Village. A.6

07.02.2007 True Copy of Adangal issued by VAO, Kannamoochi Village, Mettur Taluk, Salam District for R.S. Nos. 336/2 & 308/2 in respect of Fasli 1416. A.7

05.02.2007 True Copy of Resurvey Register issued by VAO, Kannamoochi Village, Mettur Taluk, Salem District in respect of RS Nos.336/2 & 398/2. A.8

07.02.2007 Xerox Copy of Field Map Book issued by VAO, Kannamoochi Village, Mettur Taluk, Salem District in respect of RS No.336. A.9

07.02.2007 Xerox Copy of Combined Sketch issued by VAO, for Kannamoochi Village, Mettur Taluk, Salem District. A.10

07.02.2007 Original - Certificate issued by VAO, for Kannamoochi Village, Mettur Taluk, Salem District in respect of Rs.No.336/2. A.11

22.02.2007 Carbon Copy of Kist Receipt in respect of Patta No.1110, 640 for the Fasli 1416 for Kannamoochi Village, Mettur Taluk, Salem District. A.12

28.03.2007 Original – House Tax Receipt issued in favour of Kozhandasamy for the period 2006 – 2007 for Kannamoochi Panchayat. A.13

22.11.2006 Certified Copy of Encumbrance Certificate issued for the period from 01.01.1967 to 08.09.1982 for RS No.336/2 of Kannamoochi Village, Mettur Talu, Salem District. A.14

20.11.2006 Certified Copy of Encumbrance Certificate issued for the period from 09.09.1982 to 19.07.1984 for RS No.336/2 of A.15

8 TA 34/2020

Kannamoochi Village, Mettur Talu, Salem District.

20.11.2006 Certified Copy of Encumbrance Certificate issued for the period from 20.07.1984 to 31.12.1986 of Kannamoochi Village, Mettur Taluk, Salem District. A.16

20.11.2006 Certified Copy of Encumbrance Certificate issued for the period from 20.07.1984 to 31.12.1986 of Kannamoochi Village, Mettur Taluk, Salem District. A.17

21.02.2007 Certified Copy of Encumbrance Certificate issued for the period from 01.01.2006 to 20.02.2007 of Kannamoochi Village, Mettur Taluk, Salem District. A.18

19.02.2007 Original – Receipt for clearance of Mortgage issued by the Secretary, Kannamoochi Primary Agricultural Co- operative Bank Ltd., in favour of Chiththa Gounder and his Daughter Tehnmochi under Document No.145/2007, SRO, Kolathur. A.19

Original – Confirmation Letter for Equitable Mortgage executed by the Defendant in favour of Applicant Bank along with Postal Cover. A.20

29.06.2007 Original – Memorandum Relating to Deposit of Title Deeds executed by the Defendant in favour of Applicant Bank. A.21

14.07.2011 Office Copy of the Registered Legal Notice issued by the Applicant Bank to the Defendant. A.22

-- Postal Acknowledgement Card. A.23

-- Statement of Accounts with Certificate. A.24

Sd/-

[M.P. BALASUBRAMANIAN]