Allowed

State Bank of India v. Mr Harshul Gupta

DRT3 Dec 2025OA/427/2025

Case brief

AI extract

What is this about?

The Tribunal allowed the Debts Recovery Tribunal application filed by State Bank of India against two Defendants to recover a term education loan amount of Rs. 26,25,690/-. The respondents remained ex-parte; the applicant placed its case, and recoverability was upheld.

What did the court decide?

The Defendants jointly and severally liable to pay Rs. 26,57,690/- with future interest and costs and to issue recovery certificate.

State Bank of India versus Mr Harshul Gupta — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL - IAT HYDEMBAD DATED THIS THE 3'd DAY OF DECEMBER,2025 PRESENT: SRt GUMMADT GOPICHAND, PRESID|NG OFFICER

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OA. No. 427 OF 2025

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Between :

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State Bank of India, SARB_I, 2nd Floor, TSRTC CommuterAmenity Center, Koti, Hyderabad, Represented by its Chief Manager

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Applicant

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VERSUS

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Mr. Harshul Gupta, S/o Sri. Sandeep Gupta, Aged 26 years, Occ : Student, 3-958, Flat No. s-1, SFL, SEC - 3, Vasundhara, Near S.N^public School, Ghaziabad, Uttar Pradesh -201012.

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Sri. Sandeep Gupta, S/o. Sri. Manohar Lal Gupta, Aged about 50 years, 3-958, Flat No. s-1, SFL, SEC - 3, Vasundhara, Near S.N^public School, Ghaziabad, Uttar Pradesh - 201 012.

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Both R/o of -

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F-170 A, D-Block,, Brij Vihar, Chandra Ghaziabad, Uttar Defendants

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(OA. No. 427 /202s1

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Counsel for the parties :

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For The Applicant Ch. Dayakar Rao For the Defendant Exparte Reserved on 24.11.2025 Pronounced on 03.12.2025 Upload in website on 03.12.2025

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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.26,67,690/-. (Rupees Twenty Six Lakhs Sixty Seven Thousand Six Hundred and Ninety Only) with future interest @ 10.05o/o p.a including penal interest from the date of this application till the date of realization.

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As per the averments in the application, the Applicant Bank states that the Defendants availed Term loan under Education loan of Rs.20.00 Lakhs repayable in 180 equal monthly installments of Rs.19,695/- per month together with current interest @8.5 %o p.a and executed Agreement for Term Loan under Education rg the loan facility, the defendants failed to comply the terms :\ bank classified the account as

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(oA. No. 42712025)

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NPA on 30.11 .202s and issued Legal notice on 1g.og.2o2s . lnspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants called absent and set exparte on 24.11.202s.

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sri. s. Prathik Yadav, Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.7.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arise for consideration is whether the Applicant bank is entitled for the craim made in the oA against the Defendants as prayed for?

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Defendants remained 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.A.1 to A.7. ln 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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l'r' . i
..r. _1,*1 .<br>.. t- to,

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830[8 2W

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(oA. No. 427/202s)

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ln the result, the present OA is allowed with costs, as under :

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The Defendants No.1 and2 arejointly and severally liable to pay to the Applicant Bank a total sum of Rs.26,57,690/-. (Rupees Twenty Six Lakhs Sixty Seven Thousand Six Hundred and Ninety Only) with future interest @ 8.05% p.a from the date of this application till the date of realization.

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The Applicant Bank is also entitled to proceed against the person and properties of defendants No. 1 and 2 towards realization of the debt due.

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That Applicant Bank is entitled to the costs of the OA.

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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lssue Recovery Certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Oictated to the P.A., transcdbed by her, correcied, signed and pronounced by me in the open court on this the 3'd day of Dec, 2025)

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sd/-
(G. GOPTCHAND)
PRESIDING OFFICER
O 3 OEC zIIil GOP
affiry,
trr..R{sdth;
AAr.I, HYDERABAI'

State Bank of India v. Mr Harshul Gupta

Case brief

What is this about?

What did the court decide?

State Bank of India v. Mr Harshul Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

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