Allowed

State Bank of India v. M/S. D Shabeena (Firm)

DRT23 Sept 2025OA/289/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by State Bank of India for recovery of Rs. 27,89,392/- and future interest from defendants M/s. D.Shabeena (Firm) and Mrs. D.Shabeena, who remained ex-parte. The court held defendants jointly and severally liable to pay the claim.

What did the court decide?

Directed defendants to pay Rs. 27,89,392/- with future interest; OA claim secured by hypothecated assets; Recovery Certificate issued.

State Bank of India versus M/S. D Shabeena (Firm) — Consumer Protection | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT: SH. RAMESHWAR KoTHE, B,com., L.LB. (Hons. ), M.A, PRESIDING OFFICER

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ORIGINAL APPLICATION No: 289 OF 2025

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State Bank of India., H indupur Main Branch Hindupur, Sri Satyasai District Rep by its Chief Manager.

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.....Applicant.

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Versus

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M/s. D.Shabeena (Firm) Rep by its^proprietor Mis.D.Shabeena W/o. t4oulali, Aged 36 years Occ: Business, R/o. D. No.4- 133/A P. Kothapa i H/o. Kodipa i Lepakshi Mandal, Sri Sathyasai District.

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Mrs. D.Shabeena, W/o. Moulali
Aged 36 years, Occ: Business
R/o. D. No.4- 133/A, p Kothapa i
H/o. Kodipa i Lepakshi Mandat
Sri Sathyasai District.

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... Defendants

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Counsel for the Applicant : [4r. A.ty.Kiran Kumar Defendants

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:Ex_parte

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:: oRDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.27,89,392/- from the defendants joinUy and severally with future interest @12.55o/o p.a. with monthly rests from the date of application till the date of realization along with costs and in deraurt for sare or hye"Wi;:dr.

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oA.NO.289/202s

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Summons^{sent to D1 & 2 returnedwith endorsement refused} hence, deemed^{to be served They were set ex-parteon} 13.06.2025^{as called absentand no representation'}

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The Applicant^{Bank examinedCh Avinash'Asst Manaqer'as} AW-1 and^{marked05 documentsthrough him as Ex A l to Ex} A.05.

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A Ld. Counsel^{for the Applicant Bankreported ordersmay be} passed through^{merits'Perused the material placed on record'}

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The^point that^{arises for considerationis:-}

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Whether^{the Appticant Bank is entitled} for the claim^{made in the OA against} the Defendants^{and OA hYpothecated} assets?

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As stated^{supra, the Defendants remained ex-parte The} Evidence Affidavit^{coupledwith the recitalsin the documents} viz., Exs. A.1^{to A.05 markedon behalf of the Applicant Bank} clinches the^{claim of the Applicant Bank against the Defendants'} Hence, I^{hold that the Defendants are jointly and severallyliable} to^pay the OA^{claimto the Applicant Bank with futureinterest} and costs.

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in the result,^{the present OriginalApplicationNo 289/2025is} allowed as under:^-

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i) The Defendants are^{jointly and severally} liable to^pay to the^{Applicant Bank a total} sum of Rs.27,89,392l-^{with futureinterest} l$rr-h

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oA.NO.289/202s

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@11.55o/o^p.a. simple from the date of application till the date of realization;

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ii) the OA claim is secured by way of hypothecation of assets described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debt;

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iii) the applicant bank is also entifled to proceed against the person and properties of defendants for realization of its dues;

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iv) the applicant bank is entitled for the costs.

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The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certificate accordlngly.

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Communicate a copy of this order to the parties concerned. (Dictated to the steno, conected, signed and pronounced bv me in the open court on this the 23rd Day of September, 2025).

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/fut"*n1ere u/')91' (RAMESHWAR KOTHE) PRESIDING OFFICER

State Bank of India v. M/S. D Shabeena (Firm)

Case brief

What is this about?

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State Bank of India v. M/S. D Shabeena (Firm)

Case brief

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What did the court decide?

What the court decided

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