Allowed

State Bank of India v. M/S. Aditya Agro Centre, through Smt Kalpana Wd/O Pravin Puri Being the Legal Heir of the Proprietor Shri Pravin S/O Narayan Puri

DRT19 Sept 2025OA/380/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the applicant bank's application for recovery under Section 19 of RDB Act, reduced penal interest, restricted heirs' liability to inherited estate shares, and issued a recovery certificate against financial debts.

What did the court decide?

Relief granted: Repayment of outstanding dues reduced to Rs. 28,11,773/ with future interest at 9% p.a. Recovery certificate issued against mortgaged immovable properties and hypothecated goods of the

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

¶1

Page 1 of 5 O.A. No. 380/2023

¶2

PRESENTED ON : 16.03.2023 REGISTERED ON : 22.06.2023

¶3

Exh. No. 17

¶4

BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR

¶5

Delivered by Pankaj Kumar

¶6

O.A. No. 380/2023

¶7

State Bank of India

¶8

: Applicant

¶9

A bank constituted under the State Bank of India Act, 1955, having one of its Branch at Stressed Assets Recovery Branch, 5, Sai Complex, 3^rd Floor, Above Industrial Finance Branch, Bharat Nagar, Amravati Road, Nagpur – 440 010. Phone No. 0712-2567934, 2567345 IFSC Code No. SBIN0010152 Acting through its one of the Chief Manager Shri Omprakash Kotangale Mobile No. 9867049649 e-mail- [email protected] having authority to file the Original Application which includes the authority to verify & sign the Original Application.

¶10

Versus

¶11

1. M/s. Aditya Agro Centre, : Defendants

¶12

A Proprietary concern,

¶13

Through Smt. Kalpana Wd/o Pravin Puri

¶14

being the legal heir of the proprietor Shri. Pravin S/o Narayan Puri, R/o 1326, Maroti Sansthan, Nandura Road,

¶15

At and Post Motala, Tah. Motala,

¶16

Dist. Buldhana – 443 103 PAN – ARSPP6388F Also at: Near Buddha Vihar, Ward No. 5, At and Post Motala, Tah – Motala Dist- Buldhana – 443 103

¶17

Page 2 of 5 O.A. No. 380/2023

¶18

2. Smt. Kalpana Wd/o Pravin Puri

¶19

Aged About 35 years, Occupation- Business R/o. Near Buddha Vihar, Ward No. 5, At and Post Motala, Tah – Motala Dist- Buldhana – 443 103

¶20

3. Shri. Aditya S/o Pravin Puri

¶21

Aged About 16 years, Occupation- Student Being minor represented through his natural guardian Smt. Kalpana Pravin Puri R/o. Near Buddha Vihar, Ward No. 5, At and Post Motala, Tah – Motala Dist- Buldhana – 443 103

¶22

4. Ku. Ishwari D/o Pravin Puri

¶23

Aged About 8 years, Occupation- Student

¶24

Being minor represented through his natural guardian Smt. Kalpana Pravin Puri R/o. Near Buddha Vihar, Ward No. 5, At and Post Motala, Tah – Motala Dist- Buldhana – 443 103

¶25

5. Shri. Suresh S/o Tukaram Kinge

¶26

Aged about 62 years; Occ: Agriculturist R/o Ward No. 5, Motala, Tah. Motala, Dist. Buldhana – 443 103 PAN : AKCPK3233F

¶27

Page 3 of 5 O.A. No. 380/2023

¶28

Learned Counsel for Applicant	Adv. S.N. Kumar
Defendants Set Exparte On	30.09.2024

¶29

JUDGMENT (Delivered on 19^th Day of September, 2025)

¶30

This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 28,20,047/outstanding in Cash Credit Loan Account No. 35516154785 with costs and future interest @15.50% p.a. with monthly rests from date of filing of O.A. till its realization.

¶31

Though, defendants were duly served with the suit summons vide Exh. 13 & 14, they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence , the proceeding against defendants was set exparte on 30.09.2024.

¶32

The applicant has filed its Claim Affidavit (Exh. 15) alongwith List of Documents (Exh. 16), annexing therewith 8 documents. The original documents therein are marked as Exh. AW-1/1 to AW-1/6. The applicant has stated in the O.A. as well as in claim affidavit that penal interest of Rs. 8,274/- has been charged in the Loan Account.

¶33

Heard Learned counsel for the applicant.

¶34

As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/6 marked on behalf of the applicant, clinches the claim of the

¶35

Page 4 of 5 O.A. No. 380/2023

¶36

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, the liability of defendant nos. 1 to 4 shall be restricted to the extent of their share in the estate of deceased borrower and I am not inclined to allow the penal interest of Rs. 8,274/charged in the Loan Account.

¶37

Hence, it is ordered as under:-

¶38

ORDER

¶39

A] O.A. No. 380/2023 is allowed to the extent as under with costs.

¶40

B] Defendants to pay jointly and severally to the applicant bank an amount of 28,11,773/- (Rupees Twenty Eight Lakh Eleven Thousand Seven Hundred Seventy Three Only) outstanding in Cash Credit Loan Account No. 35516154785 with simple future interest @9% p.a. from the date of filing of O.A. till its realization. However, the liability of defendant nos. 1 to 4 shall be restricted to the extent of their share in the estate of deceased borrower.

¶41

C] It is declared that outstanding dues are secured by mortgaged immovable properties of defendant nos. 2 to 4 as described in Schedule-I in O.A and as referred in Exh. AW-1/5.

¶42

D] It is declared that charge of outstanding dues has been kept on hypothecated goods of defendant no. 1 as described in Schedule- II in O.A and as referred in Exh. AW-1/2.

¶43

Page 5 of 5 O.A. No. 380/2023

¶44

E] Issue Recovery Certificate accordingly.

¶45

F] The Registrar is directed to send the copy of Judgment and

¶46

Recovery Certificate to the parties to this O.A at once.

¶47

Nagpur (Pankaj Kumar) Presiding Officer Date: 19.09.2025 Debts Recovery Tribunal Nagpur

State Bank of India v. M/S. Aditya Agro Centre, through Smt Kalpana Wd/O Pravin Puri Being the Legal Heir of the Proprietor Shri Pravin S/O Narayan Puri

Case brief

What is this about?

What did the court decide?

State Bank of India v. M/S. Aditya Agro Centre, through Smt Kalpana Wd/O Pravin Puri Being the Legal Heir of the Proprietor Shri Pravin S/O Narayan Puri

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

Similar cases

Abbas Ca versus Urban Co. operative Bnak Ltd.

State Bank of India versus Sachin Kumar Kaushal

Canara Bank versus M/S Avtar Bag Factory

Karnataka Bank Limited versus Hardik

Ms Habib Agro Industries Rep by Its Partners and Legal Heir of Late Sri Habib Khan and Others versus the Authorised Officer Indiabulls Housing Finance Ltd.

Ms Habib Agro Industries Rep by Its Industries Rep by Its Partner and Legal Heirs of Late Sri Habib Khan and Others versus the Authorised Officer Indiabulls Housing Finance Ltd.