Allowed

State Bank of India v. M/S. Aamesh Enterprises, through Its Proprietor Shri. Dharmesh S/O. Vimal Kochar

DRT10 Sept 2025OA/353/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an application under Section 19 of the RDB Act, 1993. The applicant claimed recovery of loan dues totaling over Rs. 20 lakh across four accounts. Defendants appeared ex-parte. The Tribunal decreed the claim, affording specific future interest rates for each account and retaining charges over hypothecated goods.

What did the court decide?

Order for recovery of Rs. 15,28,733.69 with 9% interest, Rs. 97,284 with 7.40% interest, Rs. 3,12,598 with 7.40% interest, and Rs. 1,02,898 with 6.95% interest collectively.

State Bank of India versus M/S. Aamesh Enterprises, through… — Banking and Recovery | DRT (2025)

¶1

Page 1 of 5 O.A. No. 353/2022

¶2

PRESENTED ON : 16.03.2022 REGISTERED ON : 27.09.2022

¶3

Exh. No. 16

¶4

BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR

¶5

Delivered by Pankaj Kumar

¶6

O.A. No. 353/2022

¶7

State Bank of India

¶8

: Applicant

¶9

A Corporation Constituted under the State Bank of India Act, 1955, SMECCC Branch, Shraddhanand Peth Nagpur, Nagpur – 400022

¶10

Telephone No. 0712-6607938 acting through its one of the Principal Officer i.e. Chief Manager i.e. Sanjay Kumar Mendhe having authority to file the Original Application which includes the authority to verify & sign the Original Application.

¶11

Versus

¶12

1. M/s. Aamesh Enterprises,

¶13

: Defendants

¶14

Through its Proprietor,

¶15

Shri. Dharmesh S/o Vimal Kochar,

¶16

Aged about – 50, Occ – Business,

¶17

Plot no.28, Gurudutt Society,

¶18

Adarsh Nagar, Katol Bye Pass, Ring Road,

¶19

Wadi, Nagpur – 440023

¶20

Also at- R/o Flat No 405,

¶21

NanikAshthvinayakPratishtha apartment,

¶22

Opp CMPDI Compound, Jaripatka, Nagpur – 440014

¶23

Also at- Flat No. F 105, Pyramid City, Near WCL Office,CMPDI Road, Jaripatka, Nagpur - 440014

¶24

Page 2 of 5 O.A. No. 353/2022

¶25

2. Shri. Dharmesh S/o Vimal Kochar

¶26

Aged about – 50, Occ – Business,

¶27

Plot no.28, Gurudutt Society,

¶28

Adarsh Nagar, Katol Bye Pass, Ring Road,

¶29

Wadi, Nagpur – 440023

¶30

Also at- R/o Flat No 405,

¶31

NanikAshthvinayakPratishtha apartment,

¶32

Opp CMPDI Compound, Jaripatka, Nagpur – 440014

¶33

Also at- Flat No. F 105, Pyramid City, Near WCL

¶34

Office, CMPDI Road, Jaripatka, Nagpur - 440014

¶35

Pan No: AHEPK6325M

¶36

Aadhar Card: 6815 2646 4156

¶37

Mob No.8888686786

¶38

E mail Id: [email protected]

¶39

Learned Counsel for Applicant	Adv. Y. Ramani Patro
Defendants Set Exparte On	09.02.2023

¶40

JUDGMENT

¶41

(Delivered on 10^th Day of September, 2025)

¶42

This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 20,53,236/- with costs and future interest with monthly rests from date of filing Of O.A. till its realization as under : -

¶43

Page 3 of 5 O.A. No. 353/2022

¶44

A. An amount of Rs. 15,40,455.69 outstanding in Cash Credit Loan Account No. 37495486365 with costs and future interest @12.40% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

¶45

B. An amount of Rs. 97,284/- outstanding in WCTL (Common Covid Emergency credit line) Loan Account No. 39522525165 with costs and future interest @7.40% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

¶46

C. An amount of Rs. 3,12,598/- outstanding in GECL Loan Account No. 39435759715 with costs and future interest @7.40% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

¶47

D. An amount of Rs. 1,02,898/- outstanding in DL (Common Covid Emergency credit line) Loan Account No. 40235547833 with costs and future interest @6.95% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

¶48

Though, defendant nos. 1 & 2 were duly served with the suit summons vide Exh. 7 to 9, they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence, the proceeding against defendant nos. 1 & 2 was set exparte on 09.02.2023. `

¶49

The applicant has filed its Claim Affidavit (Exh. 10) alongwith List of Documents (Exh. 11), annexing therewith 12 documents. The original documents therein are marked as Exh. AW-1/1 to AW-1/12. The applicant has stated in the Amended O.A. as well as in claim affidavit

¶50

Page 4 of 5 O.A. No. 353/2022

¶51

that penal interest of Rs. 11,722/- has been charged in the Cash Credit Loan Account.

¶52

Heard Learned counsel for the applicant.

¶53

As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/12 marked on behalf of the applicant, clinches the claim of the applicant against defendants. There is no reason to disbelieve the evidence adduced on behalf of applicant. Hence, defendants are liable to pay, jointly and severally, the claim of the applicant with costs and future interest. However, I am not inclined to allow penal interest of Rs. 11,722/- applied in Cash Credit Loan account.

¶54

Hence, it is ordered as under:-

¶55

ORDER

¶56

A] O.A. No. 353/2023 is allowed to the extent as under with costs.

¶57

B] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 15,28,733.69 (Rupees Fifteen Lakh Twenty Eight Thousand Seven Hundred Thirty Three & Paise Sixty Nine Only) outstanding in Cash Credit Loan Account No. 37495486365 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

¶58

C] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 97,284/- (Ninety Seven Thousand Two Hundred Eighty Four Only) outstanding in WCTL (Common Covid Emergency credit

¶59

Page 5 of 5 O.A. No. 353/2022

¶60

line) Loan Account No. 39522525165 with simple future interest @7.40% p.a. from the date of filing of O.A. till its realization.

¶61

D] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 3,12,598/- ( Three Lakh Twelve Thousand Five Hundred Ninety Eight Only) outstanding in GECL Loan Account No. 39435759715 with simple future interest @7.40% p.a. from the date of filing of O.A. till its realization.

¶62

E] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 1,02,898/- (One Lakh Two Thousand Eight Hundred Ninety Eight Only) outstanding in DL (Common Covid Emergency credit line) Loan Account No. 40235547833 with simple future interest @6.95% p.a. from the date of filing of O.A. till its realization.

¶63

F] It is declared that charge of outstanding dues has been kept on hypothecated goods of defendants as described in Schedule- I in O.A and as referred in Exh. AW-1/2, Exh. AW-1/4, Exh. AW-1/6 & Exh. AW1/8.

¶64

G] Issue Recovery Certificate accordingly.

¶65

H] The Registrar is directed to send the copy of Judgment and Recovery Certificate to the parties to this O.A at once.

¶66

Nagpur

¶67

Date: 10.09.2025

¶68

(Pankaj Kumar) Presiding Officer Debts Recovery Tribunal Nagpur

State Bank of India v. M/S. Aamesh Enterprises, through Its Proprietor Shri. Dharmesh S/O. Vimal Kochar

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S. Aamesh Enterprises, through Its Proprietor Shri. Dharmesh S/O. Vimal Kochar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Bank of India versus Vishesh Enterprises

Bank of India versus J P Apparels

Canara Bank versus M/S R B Builders and Ors.

Anil versus State Bank of India

Maharaj Singh Sindhu versus Iifl Home Finance Limited

Hdfc Bank versus Ms Neeraj Electronics