Allowed

State Bank of India v. Sri . Kashapogu Mahesh

DRT13 May 2025OA/12/2025

Case brief

AI extract

What is this about?

In an Original Application under the Debt Recovery Tribunals Act, the Debts Recovery Tribunal allowed the SBI application for recovery of a personal loan, holding the bank established its claim based on documentary evidence even in the absence of the defendant.

What did the court decide?

The OA is allowed with costs; defendant liable to pay Rs. 24,20,687/- with future interest @ 12% p.a. and bank entitled to issue a recovery certificate.

State Bank of India versus Sri . Kashapogu Mahesh — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS^{RECOVERY TRIBUNAL'IAT HYDERABAD}

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DATED THIS^{THE13TH DAY OF MAY'2025}

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PRESENT: SRI^{GUMMADI GOPICHAND,PRESIDING OFFICER}

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OA.No.12 ot 2025

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Between:

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State Bank of^India, Stressed Assets^{RecoveryBranch-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 Kashapogu^Mahesh, S/o Kashapogulssac, 45- 185-548,^{NarasimhareddY} Nagar, Alur,^Kurnool -^{518 001'} Andhra Pradesh

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Defendant

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Counsel for the^Parties:

For the Applicant

For the Defendant

Sri C. Prabhakar

Exparte

ORDER

The Applicant^{Bank filed the present} OA against^{Defendant for} - (Rupees TwentY^Four recovery of a^totaI Lakhs TwentY d EightY seven^onlY)

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(oA.No.12l202s)

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with further interest @ l2o/o^p.a with monthly rests from date of filing of OA till the date of realization.

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As per the averments in the application, the Applicant^Bank states that defendant availed^personal loan facility under^XpressCredit scheme of SBI for a sum of Rs.20.00 lakhs vide letter^of arrangement dated 08.03.2023. The defendant^agreed to^{repay the} loan amount with interest @t2o/o^p.a and the loan amount^was repayable in 72 EMIs of Rs.39,101/-^per month. After availing^the loan facility, the defendant failed to comply the terms of^sanction, hence the applicant bank was constrained to classify the account as NPA and issued legal notice dated 13.12.2024. 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 15.04.2025.

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Smt. M. Sarala, Manager of the Applicant Bank examined herself as AW.1 and exhibited relevant documents, which are marked^as Ex.A.1 to A.6.

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Heard the Ld.

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1 3 filiY 2t25

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(oA.No.1212025)

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The^point that^{arise for consideration is whether the ApplicantBank is} entiled for the claim^{made in the OA againstthe Defendantas} 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.6. In} view of the above, I hold that^{the Applicant Bank has established} their claim made in the^{OA against the Defendant and hencethe} 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.24r2O ,687 /-^{(Rupees TwentyFour Lakhs TwentyThousand} Six Hundred and Eighty^{seven only) with furtherinterest@ 12o/o} p.afrom date of filing of OA till the date of^realization.

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the Applicant Bank is also^{entitled to proceedagainst the person and} properties of defendant towards realization^{of the debt due.}

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10, The Applicant Ban of the OA.

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The Applicant in two weeks from the date of receipt of

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(OA.No.12l202s)

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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 13th day of May'2025)

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sd/(G. GOPTCHAND)

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PRESIDING OFFICER

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State Bank of India v. Sri . Kashapogu Mahesh

Case brief

What is this about?

What did the court decide?

State Bank of India v. Sri . Kashapogu Mahesh

Case brief

What is this about?

What did the court decide?

What the court decided

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