STATE BANK OF INDIA vs SMT.Saleemavva on 28 November 2025

**FINAL ORDER**

The present TA have been filed by the Applicant Bank under Section 19 of the Recovery of Debts and Bankruptcy 2TA.No.10 /2020

Act, 1993, seeking recovery of money of **Rs.41,74,304/-** **(Rupees forty one lakhs seventy four thousand three** **hundred four only)** together with costs, interest, etc.,

2. The case of the Applicant Bank is that, the Defendant had approached the Applicant Bank for ATL facility. Accordingly, the Applicant Bank has considered the request of the Defendant and sanctioned the ATL facility of Rs.5,35,000/- on 12.11.2005 for purchase of tractor and trailer and accessories and Defendant agreed to repay the loan within 18 half yearly equal installments of Rs.29,800/- along with the interest at the rate of 11.5% p.a., as per terms of the loan agreements. In order to secure the loan, the Defendant has executed various documents, viz., loan application, sanction letter, hypothecation agreement, registered mortgage, rephasement statement of account etc.,

3. The Defendant after utilising the said loan has failed and neglected to make the repayment of the loan due as agreed and Defendant has not serviced the interest thereon as per the terms and condition agreed by the Defendant. Thereafter, the Applicant Bank has issued Legal Notice on **07.03.2020** and called upon the Defendant to repay the entire loan due. In spite 3TA.No.10 /2020

of receipt of repeated remainders of legal notice, the Defendant has 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.41,74,304/- (Rupees forty one lakhs seventy four thousand three hundred four only).**

5. After filing this TA, summons were sent to the Defendant through RPAD. Summons sent to the Defendant returned with postal remarks **"Insufficient Address"**. Thereafter the Applicant Bank has published the summons to the Defendant on 02.07.2024, in English and vernacular language in Local newspapers, viz., – **"The Indian Express** (English Edition)" and **"Samyuktha Karnataka"**. When the Defendant was called out, found absent and hence, placed ex parte.

6. To prove the case of the Applicant Bank, its Chief Manager, Smt. Jayanthi A, 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 4TA.No.10 /2020

Ex.A2 and 08 documents came to be marked at Ex.A3 to A10.

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.

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:

**REASONS**

11. 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 corroborated by the above-referred Ex.A3 to A10 which clearly establish the case of the Applicant Bank to allow the present TA. Added to this, the Defendant has remained absent, hence it is to 5TA.No.10 /2020

be construed that Defendant has 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.

ORDER

Present TA stands allowed, with interest and costs.

Defendant is liable to pay the Applicant Bank a sum of **Rs.41,74,304/-** with the pendent lite and future interest at the rate of 6% p.a. from the date of Application till date of realization.

In the event of failure of the Defendants to pay the said OA amount, the Applicant Bank is at liberty to sell the Schedule Property as mentioned in the main application of the OA, in accordance with law as sought by the Applicant Bank in the OA.

In spite of sale of the Schedule Property as mentioned in the main application of the OA, if the OA amount is not fully realized, then the Applicant Bank is at liberty to proceed against the persons and other properties of the Defendants in accordance with law.

6TA.No.10 /2020

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 28^th of November, 2025)

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

**ANNEXURES**

**Witness Examined for the Applicant Bank:**

AW-1 : Smt. Jayanthi A : The Chief Manager of 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 : Loan application

7TA.No.10 /2020

Ex.A-4 : Sanction letter

Ex.A-5 : Hypothecation agreement

Ex.A-6 : Registered mortgage deed Translated document

Ex.A-7 : Statement of account

Ex.A-8 : Rephasement statement

Ex.A-9 : Legal notice

Ex.A-10 : Postal receipts

**Witness Examined for the Defendant:**

- Nil -

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

- Nil -

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

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