STATE BANK OF INDIA vs SRI.SAYED AKBAR on 30 September 2026

**FINAL ORDER**

1. The present TA have been filed by the Applicant Bank under Section 19 of the Recovery of Debts and Bankruptcy Act, 1993, seeking recovery of money of **Rs.37,55,901/- (Rupees Thirty Seven Lakh Fifty Five Thousand Nine Hundred and One Only)** together with costs, interest, etc.

2TA No.14/2024

2. The case of the Applicant Bank is that, the Defendant approached the Applicant Bank for Home Loan facility for the purpose of purchase of Site and Construction of House on the Schedule Property. Accordingly, considering the request the Applicant Bank sanctioned the Home Loan of Rs.62,40,000/- and funding of home loan insurance cover of Rs.3,50,400/- on 02.05.2018. Hence, the Defendant executed Loan Documents and other documents in favour of the Applicant Bank and agreed to repay the loan in equated monthly installments with interest as stipulated in the loan agreement.

In order to secure the loan, the Defendant side have executed documents, viz., Loan Application, Sanction Letter, Memorandum of Deposit of title Deed, Letter of Revival, Mortgage Letter, etc.

3. The Defendant after utilising the said loans have failed and neglected to make the repayment of the loan dues as agreed and Defendant have not serviced the interest thereon as per the terms and condition agreed by the Defendant. Hence, the loan account of the Defendant was declared as NPA on 13.05.2022. Thereafter, the Applicant Bank issued a Notice dated 05.05.2022. In spite of repeated 3TA No.14/2024

reminders, the Defendant have failed to pay the outstanding dues and hence the recovery process is initiated to recover the dues.

4. In the light of these factors, it is contended by the Applicant Bank that Defendant are liable to pay a total sum of **Rs.37,55,901/- (Rupees Thirty Seven Lakh Fifty Five Thousand Nine Hundred and One Only)**

5. After filing this TA, summons sent to the Defendant through RPAD was duly served. When the Defendant were called out, the Defendant remained absent and placed ex parte.

6. To prove the case of the Applicant Bank, its Branch Manager, Mr. Vinaya K., has filed his affidavit by way of evidence the same was considered as evidence of AW.1 and marked at Ex.A1 and list of documents came to be marked at Ex.A2 and 14 documents came to be marked at Ex.A3 to A16.

7. No evidence on behalf of the Defendant.

8. Arguments of Learned Counsel for the Plaintiff/Applicant Bank heard and perused the records of the case.

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9. 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?

10. For the following reasons, I answer the above-referred points in the following manner:

**R E A S O N S**

11. The Branch Manager of the Applicant Bank came to be examined as AW.1. His affidavit by way of evidence reiterated the facts pleaded in the plaint and his affidavit is also corroborated by the above-referred Ex.A3 to A16 which clearly establish the case of the Applicant Bank to allow the present TA. Added to this, the Defendant have remained absent, hence it is to be construed that Defendant have admitted the entire case pleaded by the Applicant Bank in the present TA.

12. Therefore, for these reasons, present TA is to be allowed with costs as sought by the Applicant Bank.

**O R D E R**

Present TA stands allowed with interest and costs.

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Accordingly, the Defendant is liable to pay **Rs.37,55,901/-** to the Applicant Bank with pendent lite and future interest @**10%** p.a. from the date of application till realization.

In the event of failure of the Defendant to pay the said TA amount, the Applicant Bank is at liberty to sell the Schedule Property in accordance with law as sought by the Applicant Bank in the TA.

In spite of sale of the Schedule Property, if the TA amount is not fully realised, then the Applicant Bank is at liberty to proceed against the persons and other properties of the Defendant in accordance with law.

Applicant Bank shall file latest Memo of Calculation of TA 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 realised by sale of assets, etc., during the intervening period after filing the TA, 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 as sought by the Applicant Bank in the TA and do the needful as required under the law forthwith.

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The Office is directed to issue, as far as possible, free copy of this order to the parties concerned.

(Dictated to the Stenographer, after its transcription and necessary corrections, signed and pronounced by me in the Open Court on this the 30^th day of September, 2026)

**(Imtiaz Ali)** **Presiding Officer** **DRT-I, Bengaluru**

**ANNEXURES**

**Witness Examined for the Applicant Bank:**

AW-1 : Mr. Vinaya K The Branch Manager of the Applicant Bank **List of Documents Exhibited for the Applicant Bank:**

Ex.A-1 : Affidavit of AW-1 Ex.A-2 : List of Documents Ex.A-3 : A Copy of the Loan Application dated 08.03.2018 Ex.A-4 : A Copy of the Sanction Letter dated 12.04.2018 Ex.A-5 : A Copy of the Arrangement letter dated 02.05.2018 Ex.A-6 : A Copy of the Home Loan Agreement dated 02.05.2018 Ex.A-7 : A Copy of the Agreement to Mortgage letter dated 02.05.2018

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Ex.A-8 : A Copy of the Registered Memorandum of Deposit of title deed dated 23.05.2018

Ex.A-9 & A-10 : The Copies of the Revival letter dated 18.01.2021 & 22.12.2022

Ex.A-11 : A Copy of the Overdue Notice dated 05.05.2022

Ex.A-12 : A Copy of the Demand Notice dated 16.05.2022

Ex.A-13 : A Copy of the Possession Notice dated 02.08.2022

Ex.A-14 : A Copy of the Sale Notice dated 03.09.2022

Ex.A-15 : A Copy of the Police Complaint dated 25.04.2023

Ex.A-16 : A Copy of the Statement of Home Loan account No.37650045674

**Witness Examined for the Defendant:**

- Nil -

**List of Documents Exhibited for the Defendant:**

- Nil -

*30.09.26* **(IMTIAZ ALI)** **PRESIDING OFFICER** **DRT-I, Bengaluru**

-CR-

8TA No.14/2024**SCHEDULE PROPERTY**

All that part and parcel of Plot No.38 & 39 each measuring 40x50 total 4000 sq.ft situated in Sy.No.52/6 of Bandepura, Sedum Road, Kalburgi belonging to Sri. Sayed Akbar by vitu of sale deed executed on 23.05.2018 registered at Senior sub registrar Kalbugi.

**Bounded by:-**

East by : Plot No.37; West by : Plot No.40; North by : Others Land; South by : 30 wide Road;

30.09.26 **PRESIDING OFFICER**