Allowed

State Bank of India v. Sri. Nayab Hidayathulla

DRT26 May 2025OA/117/2025

Case brief

AI extract

What is this about?

In OA No. 117 of 2025, the Debts Recovery Tribunal allowed the State Bank of India's application against Nayab Hidayathulla for recovery of Rs. 24,75,034 along with interest, holding that the bank successfully established its claim via documentary evidence as the defendant was absent.

What did the court decide?

Defendant ordered to pay Rs. 24,75,034 with interest at 11.05% p.a. from 19.03.2025; defendant to incur costs; issuance of recovery certificate.

State Bank of India versus Sri. Nayab Hidayathulla — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD

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DATED THIS THE 26TH DAY OF MAY' 2025

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING oFFIcER

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OA.No,117 of ZOZ'

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Between:

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State Bank of India, Stressed Assets Recovery Branch-II H.No. 1-B-563/1, first floor, Opp Sandhya theatre, RTC "X" roads, Hyderabad, Telangana State. Represented by its Chief Manager

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Applicant

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VERSUS

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Sri NayabHidayathulla, s/o N. Mohammad Vali, quarter no.B45/ A, shantinagar, gunta kal, Ananthapurdist A.P - 515 801.

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Defendant

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Counsel for the Parties: For the Applicant For the Defendant

Sri M.V. lanaki Ram

Expa rte

ORDER

The Applicant Bank filed the present OA against Defendant for recovery of a total sum of Rs.24,75,O34l- (Rupees Twenty Four Thousand and Thirty Four only) with fi.^{z oilya6} *

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(oA. No.117l202s)

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interest @ 11.05% p.a with monthly rests from 19.03.2025 till the date of realization.

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As per the averments in the application, the Applicant Bank states that defendant avaired personar loan facility under xpress credit scheme of SBI for a sum of Rs.25.00 lakhs vide letter of arrangement dated 30.11.2023. The defendant agreed to repay the loan amount with interest @11.05% p.a and the roan amount was repayable in 71 EMIs of Rs.48,124l- per month. After availing the loan facirity, the defendant faired to compry the terms of sanction, hence the appricant bank was constrained to crassify the account as NPA on 09.12.2024 and issued legal notice dated 20.03.2025. Inspite of several requests and demands, the defendant did not clear the outstanding. Hence this OA.

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Defendant called absent and set exparte on 16.05.2025.

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Sri J. Rama Rao, ChiefManager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A76.

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I for the Applicant Bank.

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(oA. No.1171202s)

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The point that arise for consideration is whether the Applicant Bank is entitled for the claim made in the OA against the Defendant as prayed for?

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Defendant called absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A1 to A.7. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendant and hence the Applicant Bank is entitled to recover the claim made in the OA with future interest and costs.

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B. In the result, the present OA is allowed with costs, as under:

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The Defendant is liable to pay to the Applicant Bank a total sum of Rs.24,75t034l- (Rupees Twenty Four Lakhs Seventy Five Thousand and Thirty Four only) with interest @ 11.05o/o p.a from 19.03.2025 till the date of realization.

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the Applicant Bank is also entitled to proceed against the person and properties of defendant towards realization of the debt due.

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tled to the costs of the OA. 6 tu

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(oA.No.1171202s)

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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Issue Recovery certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Dictated to the P.A., transcribed by her, corrected, signed and pronounced by me in the open court on this the 26th day of May'2025)

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sd/(G. GOPTCHAND) PRESIDING OFFICER

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State Bank of India v. Sri. Nayab Hidayathulla

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sri. Nayab Hidayathulla

Case brief

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What did the court decide?

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