Allowed

State Bank of India v. Mr. Aadepu Venkateshwarlu

DRT13 Jun 2025OA/132/2024

Case brief

AI extract

What is this about?

In OA No. 132 of 2024, the State Bank of India applied to the Debts Recovery Tribunal at Hyderabad for recovery of Rs. 25,78,046/- with interest against Mr. Aadepu Venkateshwarlu, who had availed a term loan and defaulted. The defendant denied the claim and RSA classification but failed to adduce evidence, file an evidence affidavit, or cross-examine the bank's witness. The Tribunal found the bank's documentary evidence unchallenged and allowed the application with costs and directed the issuance of a recovery certificate.

What did the court decide?

Issuance of recovery certificate for Rs. 25,78,046/- with interest @ 14.50% p.a. from the date of filing of the OA till realization, and award of costs to the Applicant.

State Bank of India versus Mr. Aadepu Venkateshwarlu — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERYTRIBUNAL-I AT HYDERABAD

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DATED THIS THE 13TH DAY OF JUNE, 2025

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PRESENT: SRI GUMMADI GoPIcHAND, PRESIDING oFFICER

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OA.No.132 ol 2024

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Between:

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State Bank of India, Stressed Assets Recovery Branch, 2'd floor, TSRTC commuter Amenity centre, Bus Terminal complex, Koti, Hyderabad - 500 095. Represented by its Chief Manager

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Applicant

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VERSUS

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Mr. AadepuVenkateshwarlu, S/o VenkataPathi, H.No. LB-3-t47, Orus, Kareema bad, Enumamula Warangal, Telangana - 506 164.

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Also at

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Mr. AadepuVenkateshwarlu, S/o VenkataPathi, head master, ZPHS Chinnakondepaka, Enumamula, TS - 506 164.- 506 164.506 164.164.

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Enumamula, TS - 506 164.- 506 164.506 164.164. Defendant Co u nsel for the Part 4a^$it,yN 6^{-'g,Y*</sup> 'f^{&, '"h*} For the Applica nt Sreedhar For the Defe n da nts r, * ?S,lultluZS s,.lr Ravi Teja $1 ; 1. The Applicant Bank fil present OA against Defendant for}

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recovery of a total sum of Rs.25,78,A46/- (Rupees Twenty Five Lakhs Seventy Eight Thousand Eight Hundred and forty six

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(OA. No.132l2024)

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only) with further interest @ 14.50% 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 defendantavailed term loan of Rs.25.00 lakhs vide letter of arrangement dated 20.10.2022. The defendant executed personal loan agreement dated 78.10.2022, irrevocable standing instruction given by borrower to the bank dated 19.10.2022, consent form and pay slip etc.

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It is submitted by the Applicant bank that the Defendant has availed the said loan facility and failed to keep up the repayment schedule, as such the account was classified as NpA on 11.10.2023 and issued legal notice dated 22.03.2024, Inspite of demands made by Applicant the defendanthas not regularized the account, and the defendant did not come forward to repay the same. The total claim of Applicant against defendant is of Rs.25 ,78,,g46/ - (Rupees Twenty Five Lakhs Seventy Eight Thousand Eight Hundred and forty six only) with further interest @ 14.S00/o p.a with monthly rests from date of filing of oA tiil the date of realization. Hence the OA.

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filed written statement and denied the averments is submitted by the defendant that hewere regular |f."i{$'xPr} amount and denied the classification of account i^{f f"3flil'ffin" n} r-'1 as NPA with orrt..H #- -as outrfp wing the RBI guidelines. It is further submitted Rr;;,*#P

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(oA.No.132l2024)

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that the there is no correlation between the statement of accounts filed by the applicant and the claim amount mentioned in the OA. Hence prayed for dismissal of OA.

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The Applicant Bank in support of its claim, filed evidence affidavit duly sworn in by Sri Manjul Dixit, Manager as AW.1 and through him marked 9 documents as Ex.A.1 to A.9. As against this, the defendant did not choose to adduce any evidence on his behalf in support of his contentions and also did not choose to cross examine the AW.1 to controvert his Chief Evidence. Inspite of repeated adjournments, the defendant failed to file evidence Affidavit, hence the right of filing Defendant Evidence Affidavit was closed cln 22.04.2025.

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I have perused the documents placed on record.

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Now, the points that arise for consideration are:

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i) Whether the Applicant Bank has proved its claim as made in OA against the defendant ?

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ii) To what relief ?

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;p^{oJ,.lndl$b&[,"n,{} ed by the Applicant Bank and also as per the e defendant in the Written statement, it is

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(oA. No.132/2024)

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very clear that the defendanthas availed loan from the Applicant Bank, but failed to repay the amount. All the amounts^paid by the defendant are clearly mentioned in the statement of account filed by Applicant Bank. The defendant has not placed any material documents to show his bonafides for establishing that the Applicant bank failed to adhere to the principles of RBI's directives.

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AW.1 is not cross examined by the counsel for defendant. The defendant has not come forward to give evidence to substantiate that their liability is less than the amount mentioned in the OA and no supporting documents filed for establishing that the Applicant bank did not adhere to the guidelines of RBL Under such circumstances, the evidence of AW.1 coupled with recitals Ex.A.1 to A.9 stood unchallenged and unrebutted. The Applicant bank clearly established that the defendant is liable to pay the OA amount to the Applicant bank.

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Point No.ii)

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In the result, the present Original application is allowed with costs as under:

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tis lia ble to pay to Applicant Bank a total sum of (Rupees Twenty Five Lakhs Seventy Eight

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- ndred and forty six only) with further interest

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El ry -,..1 date of filing of OAtill the date of realization; i(P I.

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(oA. No.132l2024)

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B. The Applicant Bank is arso entitred to proceed against the person and properties of defendant towards realization of the debt due.

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The Applicant Bank is entitled to the costs of the OA.

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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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L2. 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 June, 2025)

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(G. GOPTCHAND)

PRESIDING OFFICER

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State Bank of India v. Mr. Aadepu Venkateshwarlu

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mr. Aadepu Venkateshwarlu

Case brief

What is this about?

What did the court decide?

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