Allowed

State Bank of India v. M/S. Ar Enterprise

DRT18 Sept 2025OA/190/2025

Case brief

AI extract

What is this about?

This tribunal allowed an original application filed by the State Bank of India for recovery of dues. The bank sought the principal sum, interest, costs, and permission to proceed against hypothecated assets and properties of the proprietor and the firm.

What did the court decide?

The respondents are jointly and severally liable to pay Rs. 27,73,021/- with interest. Permission is granted to proceed against hypothecated assets and properties for realization.

State Bank of India versus M/S. Ar Enterprise — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS^{RECOVERYTRIBUNAL-IAT HYDERABAD} DATED THIS^{THE18THDAYOF SEPTEMBER'2025}

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PRESENT: SRI^{GUMMADI GOPICHAND,PRESIDING OFFICER} OA.No.19O ot^2O25

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Between:

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state Bank of^India, Stressed Assets^{RecoverYbranch,} 2nd floor, TSRTC^{Bus terminal complex,} (Commuter Amenity Centre),^Koti, Hyderabad,^TS. Represented bY^{its ChiefManager}

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Applicant

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VERSUS

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M/s. AR^Enterprise, Represented^{bY its Proprietor} H.No. 1-43, Laxmi^Nilayam, Rampur, SiddiPet, Siddipet district -^{502 375.}

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Mr. Anagandulu^NithinKumar, s/o A. Yadaiah,^{major, male,} Proprietor of M/s.^{AR Enterprise,} H.No.1-43, Laxmi^NilaYam, RamPUr, SiddiPet, Siddipet district -^{502 375.}

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Also at: 1- 103/30/7/ 1/NR, Nallagandla, OPP^RatnadeeP SuPer Market,^{SerilingamPallY} Mandal, Hydera bad^-50-q0J€. Defendants . ' ,r j" ' ':1"': -- :.. Counsel for^the Par(les:^,..'i ri P. V. SatyanaraYana ri Shravan Kumar^Ragi

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(oA.1e0/202s)

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ORDER

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1, The Applicant^{Bank filed the present OA against Defendants for} recovery of a total^{sum of Rs.27,73,O21l- (RupeesTwentySeven} takhs Seventy^{Three Thousand and Twenty One only) with} interest @ 13.150/o^{p.a with monthly rests from date of application till} the date of realizatlon^{and in default for sale of hypothecatedassets} as mentioned^{in the schedule to OA;}

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2, AS^per the averments^{in the application, the Applicant Bankstates thai} defendantNo.2istheproprietorofdefendantno.lavailedcashcredit loan of Rs.23.50^{lakhs on 22.12.2021and defendbnt no.2 stood as} guarantor for securing^{repaymentof outstandingliability of the loan.} Defendants 1 and^{2 executed necessary security loan documents i.e.,} demandpromissorynote,agreementofloancumhypothecationand guarantee agreement dated^{22.12'2021in favour of the Applicant} bank.Afteravailingtheloanfacility,thedefendantsfailedtocomply thetermsofsanction,hencetheapplicantbankclassifiedtheaccount as NPA on 30.04.2024^{and legal notice was issued on 09'4'2024'} Inspiteofseveralrequestsanddemands,thedefendantsdidnotclear the outstanding.^{Hencethis OA.}

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but failed to^{file Written}

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1. Counsel^for

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statement.

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(oA.190/202s)

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Sri S. Prathik^{Yadav,Manager of the ApplicantBank examinedhimself} as AW'1 and^{exhibited relevantdocuments,whichare markedas} Ex.A.1 to^A'9.

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Heard the Ld.^{Counselfor the Applicant Bank'}

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is whether^{the APPlicant Bank is}

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1. The^point that^{arise for consideration} entitled for^{the claim made in the} OA against^{the Defendantsas} prayed for?

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Counsel^{for defendantsfiled vakalathbut failed to file WS' 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.9'^{In view of the above,I hold that the Applicant Bank} has established^{their claim made in the OA againstthe Defendantsand} hence the^{ApplicantBank is entitledto recover the claimmadein the} OA with^{futureinterestand costs'}

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B. In the result,^{the present OA is allowed with costs'as under:} The Defendants^{are jointlyand severally liable to pay to the Applicant} Bank a total^{Sum of Rs.27,73,c,211. (Rupees Twenty Seven lakhs} seventy Three^{Thousand and Twenty one only) with interest@} date of application^{till the date of realization;}

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(oA,19Ol2O25)

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;. The Applicant bank^ls entltled to^proceed against the hypothecated assets /movables as mentioned in the schedule to OA towards realization of the debt due.

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10, The Applicant Bank^is also^{entitledto proceed against the personand} properties of defendant No,2 and^properties of defendant^no'1firm towards realization of the^{debt due.}

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The Applicant Bank^{is entitledto the costs of the OA.}

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The Applicant shall flle^{a cost memo within two weeksfrom 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,signedand pronouncedby mein the opencourton} this the 18ft day of SePt,²⁰²⁵⁾

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sdl-

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(G. GOPTCHAND) PRESIDING OFFICER

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1 B SrP ?il25

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TIlUE.

State Bank of India v. M/S. Ar Enterprise

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S. Ar Enterprise

Case brief

What is this about?

What did the court decide?

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