BEFORE THE DEBT RECOVERY TRIBUNAL-… AT CHENNAI

O.A. NO. of 20
Applicant…………….
Vs
Defendant…………

INDEX TO TYPE SET OF DOCUMENTS

S.NO DATE DESCRIPTION PAGE NO.
1 Vakalat
2 Original Application
Loan Documents
3 Credit Arrangement Letter (Cash Credit)
4 Facility Arrangement executed by the
Defendants in favour of the Applicant
5 Letter from Defendant to the Applicant
Bank for acceptance of the terms and
conditions in thr Credit Arrangement
Facility Letter
6 Deed of Hypothecation (where Borrower
is the Hypothecator) executed by
Defendant in favor of Applicant Bank to
Defendant
7 Renewal Credit Arrangement Letter from
Applicant Bank to Defendant

Common Documents
9 Statement of Accounts for Loan A/c
………… along with Certificate under
Bankers Book Evidence Act
10 Evidence Affidavit
11 Affidavit
12 Power of Attorney

The above documents are certified as true copies of originals.

BEFORE THE DEBT RECOVERY TRIBUNAL-… AT CHENNAI
 O.A. NO. of 20
Applicant…………….
Vs
Defendant…………

DATES AND EVENTS

S.NO. DATE DESCRIPTION

1 Credit Arrangement Letter( Cash Credit) for Rs….
2 Facility Agreement entered between Defendant and
Applicant
3 Letter from the defendant to the Applicant Bank for
acceptance of the terms and conditions in the Credit
Arrangement Facility Letter
4 Deed of Hypothecation (where Borrower is the
Hypothecator) executed by Defendant in favor of
Applicant Bank to Defendant
5 Renewal Credit Arrangement Letter from Applicant Bank
to Defendant
6
7

Counsel for Applicant

BEFORE THE DEBT RECOVERY TRIBUNAL-III AT CHENNAI

 O.A. NO. of 20

Applicant…………….
Vs
Defendant…………

APPLICATION UNDER SECTION. 19 (1) OF THE RECOVERY OF DEBTS AND

BANKRUPTCY ACT,1993
I. Particulars of the Applicant:-

Name of the Applicant:

Address of Registered Office:

Address of Branch Office:

For Service of all notices on the Applicant:

II. Particulars of the Defendant:

For Service of all Notices on the Defendant on their respective addresses

stated as above. (Defendant: Same as stated above)

III. Jurisdiction:
The Applicant declares that the subject matter of recovery of a debt due to the Applicant bank
falls within the jurisdiction of this Hon’ble Tribunal as on the date of filling this Orginal
Application the amount due to the Applicant bank is more than RS.
Further, the Business loan was sanctioned at ……….. Branch by the Applicant Bank for Cash
Credit and Working Capital Cash Credit Loan Facility and all the loan documents and security
documents were executed by the Defendants at …….. Branch of the Applicant Bank within the
jurisdiction of this Tribunal.
Hence, this Hon’ble Tribunal has jurisdiction to entertain the Original Application and
Connected applications.

III (A) DETAILS OF DEBT AND ASSETS:

1) Total amount of debt
claimed as on the date to
be specified
2) Amount of debt, as on
specified date, interest
over properties
Defendants with
particulars of secured
properties and assets.
3) Estimated valued of
properties or assets over
which security interest is
created.
4) If the estimated value is
not adequate value is not
adequate to cover the
total debt claimed with
future interest particulars
of any other properties or
assests known to the
applicant with estimated
value of such other
properties of assets.

IV. Limitation:
The Applicant declares that this application has been made within the period of
limitation as per the provisions of Section 24 of the Recovery of Debts and Bankruptcy
Act, 1993 in so far as the loan/security documents and execution of the terms and
conditions on various dates and lastly on …………… Further, the Defendants have
admitted their liability on 30.11.2019 by way of remittance of payment for Rs……./- for
the facility availed from where the period of limitation began to run for 3 years.
V. Facts of the Case:

The Applicant begs to submit as follows:

1. The Applicant Bank is a Government of India undertaking, a Body Corporate

constituted under the Banking Companies (Acquisition and Transfer of
Undertakings) Act, 1970, having its Head Office
at……………………………………………………………………………………. It has several branches
Known………………… represented by its Manager,…………………… who is Conversant
with the facts of the case and is competent and authorized to swear the affidavit
on behalf of the Applicant Bank.
2. Defendant approached the Applicant Bank on …………. for sanction of…………..
Loan Facility for ……….. Lakhs for purpose of ………………. The Applicant Bank on
the request of Defendant has sanctioned ………… Loan facility on ………….. for
………….. with the interest at the rate of …%.per annum with repayment terms of
….. Equated Monthly Installments each amounting Rs………../- commencing from
November 2016 for purchase of bearing ………….., in ………(PROPERTY ADDRESS)
……………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………
………………………………………………………….

The following documents were executed by the defendant.

a) The defendant has executed a Memorandum of Loan Agreement for Home Loan
Granted to the public, Dated……. For Rs….. Lakhs in favor of the Applicant.
b) Defendant has deposed an Affidavit, Dated ……… that they undertake not to hold the
Bank responsible or liable for any loss or damage which may suffer as a result of any
omission or commission amounting to negligence or default on the part of the said
builder.
c) Defendant has executed an Agreement to Mortgage, Dated: …….to and in favor of the
Applicant.
d) Defendant has executed Memorandum of Deposit, Dated 19.11.2016 confirming that
the said ………. is in favor of the Applicant.
e) Defendant has executed a Memorandum of Deposit, Dated ……… confirming that the
said property is free from encumbrance and there are no pending attachments, notices,
or claims in favor of the Applicant.
f) Defendant has submitted the original documents for the creation of equitable Mortage
Dated ……… in favor of the Applicant.
g) Defendant has executed the Memorandum of Deposit of Title Deeds Dated …………… in
Document No………. of 2016 in favor of the Applicant.
 3. The Applicant submits that Defendant has defaulted in repayment in Housing
Loan facility to the tune of Rs…………… as on ………. In Loan Account No………… The
defendant is solely liable to pay on outstanding of ………….. as on ………. In Loan
Account No……….. with the present rate of interest at …….. per annum.
4. Defendant failed to respond to the remainders, personal contracts, and repeated
demands made by the Applicant Bank excluding 2% additional interest
chargeable for the default period in making repayment till the date of realization
along with the costs due to the Applicant Bank. The Applicant submits that the
account has been classified as a Non-performing asset(NPA)(Section. 2(o) of the
SARFEASI Act) on ……………
5. The cause of action for the claim arose in Chennai within the jurisdiction of this
Hon’ble Tribunal; On …………, when the Defendant has sanctioned a housing loan
for Rs………../-; On …………, when Defendant has defendant has deposed on
Affidavit for housing loans for the purchase of Flat; On ……….., when the
Defendant has executed agreement to the Mortgage in favor of the Applicant;
On ………….., when the Defendant has duly signed Deed of undertaking executed
Memorandum of Deposit confirming that the said property is free from
encumbrance and there is no pending attachments, notices, claims in favor of
the Applicant; On ……….., when the Defendant has executed Memorandum of
Deposit of Title Deed in favor of the Applicant registered as Document No………
of ………; On ……., when the demand Notice under Section 13(2) of SARFEASI Act
was issued to the Defendant; On ………. When the possession Notice under
Section 13(4) of the SARFEASI Act; and that the Defendant chronically committed
defaults to the Applicant.

EQUITABLE MORTGAGE:
In order to further secure the advance, Defendant has mortgaged the immovable property
which was purchased under the Registered Sale Deed in Document No. ……. Of …….., Dated
……….. held in the name of Defendant to in favor of Applicant Bank. The Development
Agreement for the build-up area is registered as Document No..... of ….., Dated ………. On the
file of notice of …………
In order to further secure the advance, Defendant has mortgaged the immovable property
By way of Deposit of Title Deeds registered as Document No….. of ……, Dated ………. Defendant
has deposited the above-referred Sale Deed and documents pertaining to their immovable
property of bearing
……………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………………………
INTEREST
The interest payable on the loan availed by Defendant on the amounts outstanding in the
housing loan facility has been revised from time to time in accordance with the directions of the
RBI. The defendant is liable to pay interest at the rate of …..% per annum and additional
interest at 2% is applicable for defaulted period. The interest has been charged at such rates
and capitalized at such periodical rates as are permitted and do not run against the directives of
the Reserve Bank of India.

LIABILITY AS OF DATE:
The Applicant further submits that after availing the loan, Defendant failed and defaulted to
repay the outstanding of Rs…………./- as on …….. with the present rate of interest at ………% per
annum. The total outstanding excludes 2% additional interest chargeable for default in making
repayment till the date of realization along with the costs due to paying a sum Rs………/- as on
……… as crystallized liability towards the housing loan facility sanctioned by the Applicant.

VI. RELIEF SOUGHT FOR:

In view of the facts stated in the above paragraphs, the Applicant most respectfully prays that
this Hon’ble Tribunal may be pleased to issue a Recovery Certificate for ………../- as on ……… in
Loan Account No…………………… with the following relief:-
a) Directing Defendant to pay solely to the Applicant a sum of Rs…………/- as on
……… in Loan Account No. ……………………… with the present rate of interest
chargeable for the defaulted period in repayment from the date of filing of OA
till the date of realization of the entire dues;
b) If Defendant fails to pay the said amount, to direct the sale of the immovable
property mentioned in Schedule hereunder and the Applicant bank may be
permitted to appropriate the entire sale proceeds of Schedule mentioned
property towards the dues thereon with future interest at the contractual rates
with monthly rests till the date of realization;
c) Awarding cost to this Application; and
d) Granting such further or other relief/s as this Hon’ble Tribunal may deem just
and necessary in the circumstances of the case and thus render justice.

VII. INTERIM ORDER, IF PRAYED FOR:-

Pending final decisions on the application, the applicant seeks issue of the following interim
order:-
1. Pending sale of the mortgaged property seeking direction for
prohibiting the Defendant on their men or agents from alienating,
encumbering or disposing of or otherwise dealing in any manner
 prejudicial to the interest of the Applicant in res[ect of immovable
property more fully described in the Schedule.

2. Whether the Applicant is seeking an order directing the Defendant to

disclose to the Tribunal particulars of other properties or assests
owned by the Defendant and if so, grounds justifying such order- Yes.

To direct Defendant to disclose the immovable and movable

properties owned by them by way of filling an affidavit before this
Hon’ble Tribunal and pass such further or other orders as this Hon’ble
Tribunal may deem fit and proper and thus render justice. The
Applicant reserves its right to file a separate interlocatory application
against Defendant at a later date.

3. If the Applicant proposes to rely on evidence of any witness in

support of his claim, he shall annex affidavits of the witnesses, to the
application-Yes.

ON THE FOLLOWING GROUNDS:

a) The liability of Defendant is clearly and categorically established as a result of various
documents executed by Defendant.
b) By virtue of the acknowledgment of debt executed by the defendant on various dates in
the Housing Loan Account, Defendant is liable to pay the outstanding amount to the
Applicant Bank.
c) In view of the deposit of title deeds and creation of equitable mortgage and creation of
charge in respect of the respective property mentioned in the Schedule hereunder, the
Applicant Bank is entitled to sell the Schedule mentioned property and appropriate the
sale proceeds towards the amount due thereon.
d) By Virtue of the Letter of Guarantee executed by Defendant, the defendant is liable for
the defaulted is liable for the defaulted loan amount by Defendant.

VIII. MATTER NOT PENDING WITH ANY OTHER COURT, ETC. (RES JUDICATA)
The Applicant declares that the matter regarding which this Application has been made
is not pending before any Court of Law, any other Authority, or any other Bench or the
Tribunal.
IX. PARTICULARS OF BANK DRAFT/PAY ORDER IN RESPECT OF APPLICATION
FEE:
Transactions No. :
Date :
Amount :
Drawn on :

X. DETAILS OF DOCUMENTS:

1. Vakalat
2. …………
3. Paper Book contains copies of documents with a list thereof.

Dated at Chennai on this the ……………………..,…………

COUNSEL FOR APPLICANT APPLICANT.

VERIFICATION
I, ………………………….., Son of …………………., Aged about ……Years, Manager,
…………………………………………………………………………………………………………………………………………
……………………………. with valid authorization to hereby verify and declare that the
contents of the above paragraphs I to IX are based on the records maintained by the
Applicant and are true to the best of my knowledge and belief, and I have not
suppressed any material facts.

Dated at Chennai on this the ……………,20…..

SIGNATURE OF APPLICANT
SCHEDULE PROPERTY( AS PER Memorandum of Deposit of Title Deeds in
Document No. ……. Of 20….)
All that piece and parcel of …………. Sq.Ft. of ……………. Of Land in the total extent of ………….
Sq.Ft together with ………………… No. ……… being built on the ………………
……………………………………………………………………………………………………………………………………………………
……………………………………………………………………..
North by: Land in
South by: Land in
East by: Land in
West by: Land in

Lying within the Sub Registrar District of ……….. and Registration District of
………
COUNSEL FOR APPLICANT APPLICANT

VERIFICATION
I, …………….., Son of …………., Aged about …… years, Manager,
……………………………………………………………………………………………………………………………………………………
………….. with valid authorization do hereby verify and declare that the contents are based on
the records maintained by the Applicant and are true to the best of my knowledge and belief,
and I have not suppressed any material facts.
Dated at Chennai on this the …………………….., 20……

SIGNATURE OF APPLICANT
 BEFORE THE DEBT RECOVERY TRIBUNAL-… AT CHENNAI
O.A. NO. of 20
Applicant…………….
Vs
Defendant…………

EVIDENCE AFFIDAVIT OF BANK MANAGER

I, …………., Son of ……….., Aged about …. Years, Manager, (Bank name and its address)
…………………………………………….
1. I am the Branch Manager of the Applicant Bank and am well acquainted with the
facts and circumstances of this case. I crave leave of this Hon’ble Tribunal may treat
the Original application along with annexed documents as part and parcel of this
affidavit.
2. I submit that the defendants have executed several documents on various dates.
The Applicant is relied u[on the following documents to prove the claim against the
Defendants.

EX.NO. DATE DESCRIPTION

A1 Sanction Letter for Rs…………./- towards Housing Loan
A2 Memorandum of Loan Agreement
A3 Affidavit for housing loans for the purchase of Flat
A4 Agreement for mortgage
A5 Deeds of Undertaking
A6 Memorandum of Deposit
A7 Sale Deed in Document No…… of (Year)
A8 Development Agreement in Document No…. of (Year)
A9 Memorandum of Deposit of Title Deeds in Document No. .
…. of (Year)
A10 Demand Notice under Section 13(2) of the SARFEASI Act
A11 Possession Notice under Section 13(4) of the Act
A12 Legal Notice was issued to the Defendant
A13 Statement of Account for Loan Account No…………. along
with Certificate under Bankers Book Evidence Act

3. I submit that after availing of the loan, the defendant is failed and defaulted to repay
the outstanding RS……………/- as on ….(DATE) with the present rate of interest at ….%
per annum. The total outstanding excludes 2% additional interest chargeable for
 default in making repayment till the date of realization along with the costs due to
the Applicant Bank. The defendant is jointly and severally liable to pay a sum of
………/- as on …(DATE) as crystallized liability towards ………… loan facility sanctioned
by the Applicant.

I, therefore, pray that in the light of the aforesaid fact and circumstances, this Hon’ble Tribunal
may be pleased to allow the above O.A with costs and thus render justice.

Solemnly affirmed at Chennai on BEFORE ME

This (DATE/YEAR)….. and
Signed his name in my presence Advocate, Chennai