Allowed

State Bank of India v. Ashwini Suhas Admane Prop Sahas Enterprises

DRT12 Aug 2025OA/1456/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Pune, allowed the applicant bank's original application for recovery of dues arising from a business loan. The tribunal, proceeding ex-parte due to the defendant's absence, decreed payment of the principal amount along with future interest at a reduced rate.

What did the court decide?

Order allowed, directing defendant to pay Rs.52,74,274/- with future interest @9% p.a., issue recovery certificate, and authorize sale of hypothecated stocks.

State Bank of India versus Ashwini Suhas Admane… — Contract and Commercial Disputes | DRT (2025)

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Presented on: 06.06.2023 Registered on: 08.11.2023 Decided on: 12.08.2025 Duration: Y M D 02 02 06

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IN THE DEBTS RECOVERY TRIBUNAL AT PUNE (Before Shri Dilip G. Murumkar, Presiding Officer) ORIGINAL APPLICATION No.1456/2023.

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State Bank of India ,

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A Banking Company constituted under the State Bank of India Act, 1955, having its Corporate Office at State Bank Bhavan, Madam Cama Road, Nariman Point, Mumbai-400 021 and its Branch at Mohol Post Bag No.1 Eajamati Bhawan Bhusar Peth, District Solapur-413 213.

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… Applicant

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Versus

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Mrs. Ashwini Suhas Admane Proprietor - M/s Suhas Enterprises, Gat No.245/8/A/2/A, A/p Shirapur, Tal. Mohol, District Solapur – 413 213.

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… Defendant

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APPEARANCES

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For the Applicant Mrs. Sudha Koloti For the Defendant Ex-parte.

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TOTAL CLAIM AMOUNT – Rs.54,17,215/-.

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JUDGMENT

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(Delivered on 12^th August, 2025)

(OA No.1456/2023)

Page 1 of 5

[ANIL]

The Applicant Bank has filed the present application for recovery certificate of Rs.54,17,215/- on account of Fund Based Working Capital Loan A/c No.38244818620 inclusive of interest till 05.06.2023 plus future interest @12.40% (excluding penal interest) per annum with monthly rests from 06.06.2023 till payment or realization of entire dues/debts from the defendant.

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Brief facts of the application are as under:

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Defendant is a proprietary firm engaged in the business trading of Spenca Mineral Water under the name and style “M/s Sahas Enterprises”. Defendant approached applicant to the applicant bank on 06.10.2018 for Business Loan for an amount of Rs.51 lakhs covered under CGSSI.

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Applicant Bank sanctioned Business Loan of Rs.51 Lakhs on 03.01.2019 covered under CGSSI for business to the defendant, on certain terms and conditions.

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Defendant has executed certain documents for the Loan Facility of Rs.51 Lakhs as set out in Para No.5.6 of the Original Application.

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The Defendant as security for repayment of the said loan also executed Agreement of Loan Cum Hypothecation dated 03.01.2019 and hypothecated stocks, Spenca Mineral Water, Dispenser, Glass, Pouch, Premium Water, Regular Water of Capacity 200 Ml. 250 ml, 1 ltr. 300 ml, 20 ltr. And 2 ltr. in favour of the applicant.

(OA No.1456/2023)

Page 2 of 5

[ANIL]

It is contended that in pursuance to the execution of said documents, client opened loan account i.e. Business Loan Account No.38244818620 and disbursed the amount in the said loan account.

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It is contended that the Defendant has availed the Business Loan Facility of Rs.51 Lakhs but did not pay the installments in time and, therefore, the said account became overdrawn and the Applicant Bank has classified it as NPA on 31.03.2023. Hence, the Applicant Bank through Advocate issued Legal Notice dated 15.05.2023 to Defendant calling upon her to repay the entire amount outstanding under the said Loan Account. Despite service of Notice, defendant failed & neglected to comply with the demand in the said Notice.

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Hence, this application is filed.

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Defendant failed to appear despite service of summons. Hence, application proceeded ex-parte against Defendant vide Order dt.02.05.2025 passed below Application (Exh.1).

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The Applicant Bank filed Claim Affidavit of evidence (Exhibit-6) of Mr. Amol Namdevrao Shinde, Dy. Manager, which supports the case of the applicant elucidated in the application.

(OA No.1456/2023)

Page 3 of 5

[ANIL]

The Applicant Bank has produced in evidence the original loan documents at Annexure AW1-1 to AW1-14, which corroborate the case of the Applicant Bank.

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I have heard arguments of the learned Advocate for the Applicant Bank.

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Since the defendant failed to appear and contest the application, I find no reason to disbelieve the evidence of the Applicant Bank. Therefore, the Applicant Bank is entitled for reliefs as claimed.

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9 The Applicant Bank has claimed Legal Charges Rs.1,00,000/-, which cannot be granted and the same is required to be deducted from the total claim amount. Therefore, the total claim amount of Rs.53,74,274/- is reduced to Rs.52,74,274/-.

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10 Considering the facts of the present case, I am of the opinion that if future interest is granted @9% per annum (simple) for all the facilities, it would be just and reasonable.

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11 Hence, I pass the following order: -

(OA No.1456/2023)

Page 4 of 5

[ANIL]

ORDER

(A) Original Application No. 1456/2023 is allowed with costs.

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(B) Defendant shall pay to the Applicant Bank a sum of Rs.54,17,215/- (Rupees Fifty Four Lakhs Seventeen Thousand Two Hundred Fifteen only) towards Business Loan Account No. 38244818620, with future interest @9% per annum from the date of filing of the Original Application i.e.06.06.2023 till payment /realization of the amount mentioned in this operative order.

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(C) The aforesaid adjudicated amount is secured by creating hypothecation deed and hypothecated Stocks, Spenca Mineral Water, Dispenser, Glass, Pouch, Premium Water, Regular Water of Capacity 200 Ml. 250 ml, 1 ltr., 300 ml, 20 ltr. and 2 ltr. in favour of the applicant bank, as set out in Para No.5.7 of the Original Application.

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(D) The Applicant Bank is entitled to sell the above mentioned hypothecated properties to recover its dues.

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(E) Issue Recovery Certificate.

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(F) The Registrar is directed to send the copy of Judgment and Recovery Certificate to the applicant and defendant.

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Sd/Place: Pune (Dilip G. Murumkar) Date: 12.08.2025 Presiding Officer, Debts Recovery Tribunal, Pune.

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(OA No.1456/2023)

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Page 5 of 5

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[ANIL]

State Bank of India v. Ashwini Suhas Admane Prop Sahas Enterprises

Case brief

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State Bank of India v. Ashwini Suhas Admane Prop Sahas Enterprises

Case brief

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