Allowed

State Bank of India v. M/S. Azmeera Shantha Earth Movers

DRT22 Jul 2025OA/187/2025

Case brief

AI extract

What is this about?

This order allowed an ostensibly ex parte order application filed by State Bank of India for recovery of a loan of Rs.49.14 lakhs from M/s. Azmeera Shantha Earth Movers and others, including penalty and interest, and authorized proceedings against hypothecated vehicles and properties.

What did the court decide?

Respondents to pay Rs.49,14,510/- with interest at 12.40% p.a. and penalty at 5% p.a. from 25.11.2024; to realize debt from hypothecated vehicle and properties; to be awarded costs; to issue recovery

State Bank of India versus M/S. Azmeera Shantha Earth Movers — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERYTRIBUNAL.I AT HYDERABAD DATED THIS THE 22ND DAY OF JULY, 2025

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

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OA.No.187 OF 2025

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Between :

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State Bank of India, Stressed Assets Recovery Branch-II, Opp Sandhya Theatre, Chikkadpally, RTC X roads, Hyderabad, Telangana.

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Represented by its Chief Manager

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Applicant

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VERSUS

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M/s. Azmeera Shantha Earth Movers, Rep by its Proprietor Azmeer Shantha w/o A. Prabhu, D.No.1-141/1, Thoompally, Sirikonda mandal, Nizambad district,

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Telangana - 503 165.

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Mrs. Azmeera Shantha, w/o A. Prabhu, aged major, female, R/o H.No.1-13, Thoompally, Sirikonda mandal, Nizambad district,

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Telangana - 503 165.

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Mr. Sahed Khan, s/o Multan Khan, Proprietor of M/s. Khan's Metal Industries, Rampur village, Dichpally Mandal, Nizamabad - 503 175. 503 175. 175. .....

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503 175. 503 175. 175. ..... Defendants *

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For the A For the

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Sri M. Venkat Divakar Expa rte

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loA.L87 /202sl

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ORDER

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The Applicant Bank filed the^{present OA against Defendants for} recovery of a total sum of Rs.49,14,51O/-^{(Rupees Forty Nine} Lakhs Fourteen Thousand Five^{Hundredand Ten only) with} further interest @ 12.40o/o^{p.a with monthly rests and penal interest} @5olo^{p.a from 25.11.2024till the date of realization and in default} for sale of hypothecated vehicle^{as mentioned in the schedule to OA'}

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As^per the averments in the^{application, the ApplicantBankstates} that defendant no.1 is a^{firm, defendantNo.2 beingProprietor} availed term loan of^{Rs.55.00 lakhs for purchaseof JCB Tracked} Excavator model JCB^{215 LC on 11.12.2019. Defendant no.2 along} with defendant no.3^made a^{tripartiteagreementand executed in} favour of Applicant bank^{After availing the loan facilities, the} defendants failed to comply^{the terms of sanction, hence the} applicant bank classified^{the account as NPA on 15.11.2024 and} demand notice was^issued on^{16.Lt.2024.Inspite of several} requests and demands, the^{defendantsdid not clear the outstanding'} Hence this OA.

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set exparte on 07.07.2025. 3 Z tuti zW^t'

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(oA.187/202s)

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Sri B. Rama Krishna prasad, Manager of the Applicant Bank examined himserf as AW.1 and exhibited rerevant documents, which are marked as Ex.A.1 to A.12.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arise for consideration is whether the Applicant Bank is

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entitled for the claim made in the OA against the Defendants as prayed for?

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Defendants remained exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and she exhibited relevant documents as Ex.A1 to A.12. In view of the above, I hold that the Applicant Bank has established their claim made in the oA against the Defendants and hence the Appricant Bank is entitled to recover the claim made in the oA with future interest and costs.

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result, the present OA is allowed with costs, as under: efendants are joinfly and severally liable to pay to the rnt Bank a total sum of Rs.49,14,SLOt- (Rupees Forty Nine Lakhs Fourteen Thousand Fiye Hundred and Ten only) with .:l::::':Ni-"-

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.40o/o p.a from 25.11.2024 till the date of
t<br>JW ZW !J
}
,r--#fl

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(oA.L87 /212sl

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The Applicant bank is entitled to proceed against the Hypothecated vehicle as mentioned in the schedule to OA towards realization of the debt due;

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The Applicant Bank is also entitled to proceed against the person and properties of defendants No.2 & 3 and properties of defendant no.1 firm 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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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 22"dday of luly, 2025)

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sdl-

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(G. GOPICHAND) PRESIDING OFFICER

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2 2 JUL 2S25

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TRUE CCIPY As$.h46tr*'l ,rE7',-l

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State Bank of India v. M/S. Azmeera Shantha Earth Movers

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S. Azmeera Shantha Earth Movers

Case brief

What is this about?

What did the court decide?

What the court decided

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