Allowed

State Bank of India v. Dhaanwick Agro Mills

DRT24 Oct 2025OA/298/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's Original Application against an agricultural firm and its partners. The tribunal held the bank established its claim, declaring the defendants jointly and severally liable to repay loans and costs, including authority to enforce security. The application was disposed of on merits.

What did the court decide?

Defendants to jointly and severally pay Rs.6,25,04,963/- plus interest and costs. Application allowed on merits.

State Bank of India versus Dhaanwick Agro Mills — Specific Performance | DRT (2025)

¶1

IN THE DEBTS RECOVERYTRIBUNAL-I AT HYDERABAD DATED THIS THE 24TH DAY OF OCTOBE& 2025

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER OA.No.298 ol2025

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Between:

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State Bank of India, Branch office at SAMB - 2, 1st floor, TSRTC complex, Kachiguda, Hyderabad, TS - 500 029. Represented by its Asst Gen Manager

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Applicant

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VERSUS

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Dhaanwick Agro Mills, A regd partnership firm Represented by its partners a) Mr, Mohd Shakhil Aamir,

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b) Mrs Ayesha Fatima Aamir, No.4-2-153, Sri Venkateswara Colony, Bodhan, Nizamabad-503 185.

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Factory at:

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Sy.No.58A, 58U, 58U1, 6t/ AS, Taggelli Village, Bodhan mandal, Nizamabad District - 503 185.

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Mr. IrMohd Shakil Aamir, S/o IMr. Mohad Azam, aged major Occ:: Managing partner of D.1, Plot rno.460, Phase III A, road no. Jubilrlee Hills, Hyderabad - 500 03:

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Also at: ii H.No ).4-L-623/A,Achanpally,^jl

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Bodhhan, Nizamabad - 503 180.\

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(OA.298 of 2025)

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Mrs. Ayesha Aamir, w/o Mr. Mohd Shakil Amir, aged major, occ: partner of D-1, plot no.460, phase - III A, Road no. 86, lubilee Hills, Hyderabad - 500 033.

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Also at:

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H. No.4- 1-623/4, Achanpally,

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Bodhan, Nizamabad - 503 180. Defendants

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CounselfortheParties:
FortheApplicant	SriV.Raghu
FortheDefendants	Exparte
Reservedon	16.10.202s
Pronouncedon	24.10.2025
Uploadedin websiteon	24.10.2025

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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.6,25,04,963/- (Rupees Six Crores Twenty Five Lakhs Four Thousand Nine Hundred and Sixty Three only) i.e.,

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a) A sum of Rs.89,07,1L7/- in respect of cash credit with subsequent interest @ 10.25olo p.a with monthly rests + penal interest @ 2% p.a from 05.07.2025 till the date of realization ;

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b)A 216/- in respect of Term loan-I with ,"ntlti,u."r,'8.r,q.rrr" p.a with monthty rests + penat

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i,"r-'A d^{!&J jS} r'"; .07.2025 till the date of realization ;

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(oA.298 of 202s1,

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c) A sum of Rs.1,t8,95,916/- in respect of Term Loan-II with subsequent interest @ 10% p.a with monthly rests + penal interest @ 2olo^p.a from 05.07.2025 till the date of realization ;

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d) A sum of Rs.65,71 ,7t4/- in respect of SME Car loan with subsequent interest @ 10% p.a with monthly rests + penal interest @^{2o/o p.a} from 05.07.2025 till the date of realization ;

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and in default for sale of hypothecated movables and mortgaged properties as mentioned in the schedules "A to D" to OA.

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As per the averments in the application, the Applicant Bank states that defendant no.1 is a partnership firm represented by defendants no.2 & 3/ partners who availed credit facilities i.e., CC facility of Rs.1.00 Crore, Term loan I of Rs.5,20,00,000/- and Term loan-Il of Rs.1,80,00,000/- on 29.L2.202L. Defendants 2 & 3 executed agreement of loan cum hypothecation, guarantee agreement, acknowledgement and letter of undertaking dated 29.L2.202L. Defendants deposited the title deeds of schedule mentioned properties and hypothecated all the movables and car 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 08.0L.2025 and legal notice was issued on 02.06.2025. Inspite.of several requests and demands, the defendants did not clear oA.

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1. LffiL d85"nt ili set exparte on 16.10.2025. w

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(oA.298 of 202s)

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Sri M. Bhargava Madhu, Chief Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.49.

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5, Heard the Ld. Counsel for the Applicant Bank.

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6, The point that arise for consideration is whether the Applicant Bank is entitled for the claim made in the OA against the Defendants as prayed for?

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Defendants called absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A1 to A.49. 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 Applicant Bank is entitled to recover the claim made in the OA with future interest and costs.

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In the result, the present OA is allowed with costs, as under: The Defendants are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.6,25,O4,9631- (Rupees Six Crores Twenty Five Lakhs Four Thousand Nine Hundred and Sixty Three only)

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i.€.,

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a) J9,07 ,tL7 /- of cash credit from b) of Term loan-I from

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(oA.298 of 202s)

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c) A sum of Rs.1,18,95,9t6/- in respect of Term Loan-II from 05.07.2025 till the date of realization ;

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d) A sum of Rs.65,71,7L4/- in respect of SME Car loan from 05.07.2025 till the date of realization ;

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The Applicant Bank is entitled to proceed against the hypothecated movables and mortgaged properties as mentioned in the schedules "A to D" to OA towards realisation of the debt due.

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The Applicant Bank is also entitled to proceed against the person and properties of defendant 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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t2. 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 murt on this the 246 day ot Od, 2025)

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sdl-

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(G. GOPTCHAND) PRESIDING OFFICER

State Bank of India v. Dhaanwick Agro Mills

Case brief

What is this about?

What did the court decide?

State Bank of India v. Dhaanwick Agro Mills

Case brief

What is this about?

What did the court decide?

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