STATE BANK OF INDIA vs SRI.MAYUR on 4 August 2025

**FINAL ORDER**

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.20,44,808/-** (Rupees twenty lakhs forty four thousand eight hundred 2TA No.06 /2024

**eight only)** together with costs, interest, etc.,

2. The case of the Applicant Bank is that, the Defendants had approached the Applicant Bank for Home loan facility. Accordingly, the Applicant Bank has considered the request of the Defendants and sanctioned the Home loan of Rs.9,00,000/- on 05.06.2012 and Defendant side agreed to repay the loan within 30 half yearly installments of Rs.75,000/- along with the interest at the rate of 11.25% p.a., as per terms of the loan agreements. In order to secure the loan, the Defendant side has executed various documents, viz., application for loan, arrangement letter, agreement for home loan, mortgage deed etc and the applicant bank submits the Smt. Shivamma died leaving Defendant 1 as her legal heir of the deceased borrower.

3. Further, the Defendants have agreed to repay the above loan with variable rate of interests, 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 keep the accounts regular by paying installments as and when due to the satisfaction of the Applicant Bank, as detailed in the TA by the Applicant Bank.

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4. The Defendants after utilising the said loan have failed and neglected to make the repayment of the loan due as agreed and Defendants have not serviced the interest thereon as per the terms and condition agreed by the Defendants. Thereafter, the Applicant Bank has issued Legal Notice on **11.07.2023** and called upon the Defendants to repay the entire loan due. In spite of receipt of repeated remainders of Legal notice, the Defendants have failed to pay the outstanding dues and hence the recovery process is initiated to recover the dues. It is to be stated that the said Smt. Shivamma had died and the Defendant No. 1 was brought on records as they being the legal heir of the said deceased borrower.

5. In the light of these factors, it is contended by the Applicant Bank that Defendants are liable to pay a total sum of **Rs.20,44,808/- (Rupees twenty lakhs forty four thousand eight hundred eight only).**

6. After filing this TA, summons were sent and served to the Defendants through RPAD. Summons sent to the Defendant No.2 returned with postal remarks **"Dead"**. When the Defendant No.1 was called out, found absent and hence, placed ex parte.

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7. To prove the case of the Applicant Bank, its Chief Manager, Smt. Selvarani, has filed her affidavit by way of evidence and 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 07 documents came to be marked at Ex.A3 to A09.

8. No evidence on behalf of the Defendants.

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:

**REASONS**

12. The Chief Manager of the Applicant Bank came to be examined as AW.1. Her affidavit by way of evidence reiterated the facts pleaded in the plaint and her affidavit is also 5TA No.06 /2024

corroborated by the above-referred Ex.A3 to A09 which clearly establish the case of the Applicant Bank to allow the present TA. Added to this, the Defendant had remained absent, hence it is to be construed that Defendant had admitted the entire case pleaded by the Applicant Bank in the present TA.

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

ORDER

Present TA stands allowed, with interest and costs.

Defendant No.1 is liable to pay the Applicant Bank a sum of **Rs.20,44,808/-** with the pendent lite and future interest at the rate of 10% p.a. from the date of Application till date of realization.

In the event of failure of the Defendant No.1 to pay the said TA amount, the Applicant Bank is at liberty to sell the Schedule Properties as mentioned in the main application of the TA, in accordance with law as sought by the Applicant Bank in the TA.

In spite of sale of the Schedule Properties if the TA amount is not fully realized, then the Applicant Bank is at liberty to proceed against the Person and other properties of the said Defendant and the properties of deceased Smt. Shivamma if 6TA No.06 /2024

any, inherited by their Legal heir i.e., Defendant No.1 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 realized 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.

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 30thof May, 2025)

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

**ANNEXURES**

**Witness Examined for the Applicant Bank:**

AW-1 : Smt. Selvarani : The Chief Manager of Applicant Bank

7TA No.06 /2024**List of Documents Exhibited for the Applicant Bank:**

Ex.A-1 : Affidavit of AW-1

Ex.A-2 : List of Documents

Ex.A-3 : Application for loan

Ex.A-4 : Arrangement letter

Ex.A-5 : Agreement for home loan

Ex.A-6 : Mortgage deed

Ex.A-7 : Legal notice

Ex.A-8 : Certified accounts

Ex.A-9 : Account closure summary

**Witness Examined for the Defendants:**

- Nil -

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

- Nil -

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

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