Allowed

M/S. State Bank of India v. Mrs. Syed Shajeedha

DRT14 Jul 2025OA/438/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by State Bank of India for recovery of a loan debt of Rs.31,27,872/- from two defaulting borrowers, directing joint and several liability including interest, costs, and sale of mortgaged property.

What did the court decide?

Defendants jointly and severally liable to pay Rs.31,27,872/- with interest; OA property can be sold for realization; recovery certificate issued.

M/S. State Bank of India versus Mrs. Syed Shajeedha — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 14TH DAY OF JULY, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (HonS.), M.A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 438 OF 2024

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lvl/s. State Bank of India., SARB, D, No, 54-2O- lB/ 3F / U6 3'd Floor, Upstairs of KFC, Surya Prakash Square, Gurunanak Nagar Road, NTR District, Vijayawada Andhra Pradesh - 520008. Rep. by its Authorized Signatory. .....Applicant.

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Versus

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lvlrs. Syed Shajeed ha W/o. Syed Sameer, Age 46 Years Occ: Business, R/o.43 - 104 Thogata Street, Bose Naga r Rayachoty, YSR Kada pa District ( Presently Annamiah District).

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Also at:-

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D.No.C - 316, Yerraiahgaripalle^(V) Kalakada (14), Chittoor District Andhra Pradesh - 517236.

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lvlr. Syed Sameer, S/o.S.Kareem Aged 42 Years, Occ: Govt. Employee Rlo.43 - 104, Thogata Street, Bose Nagar Rayachoty, YSR Kadapa District ( Presently Annamiah District).

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Also at:-

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D.No.C - 316, Yerraiahgaripalle^(V) Kalakada (M), Chittoor District

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Andhra Pradesh - 517236.

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... Defendants

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: M/s.M.Venkat Divakar Counsel for the Applicant Defenda nts :ex-oarterful.g

oA.NO.438/2024

:: qLD_q& ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.31,27,872/- as on 22.08.2024 i.e., a sum of Rs.3,77,769.67ps towards Loan A/c. No.31879335674, a sum of Rs.29,819.25ps towards Loan A/c. No.31902205607 and a sum of Rs.27 ,2o,223.33ps towards Loan A/c. No.39986222344 frcm the defendants jointly and severally with future interest @11.40olo^p.a. with monthly rests and^penal interest @2olo^p.a. ftom 22.08.2024 till the date of realization along with costs and in default for sale of OA schedule property.

¶19

Summons served on Dl and 2 through paper publication. They were set ex-parte on 04.04.2025 as called absent and no representation.

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The Applicant Bank examined K.S.H.Sastry, Chief Manager, as AW-1 and marked 13 documents through him as Ex. A.1 to Ex. A.13.

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Applicant right of arguments is forfeited vide docket order dated 10.07.2025 for non representation. Perused the written arguments filed by applicant and material placed on record.

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The point that arises for consideration is:-

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Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA schedule property?

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As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs, A.1 to A.13 marked on behalf of the Applicant BaIk ,/,4X*',"

oa.No.41al2024

clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are jointly and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

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In the result, the present Original Application No.438/2024 is 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.31,27,872/- as on 22.08.2024 i.e., a sum of Rs.3,77,769.67ps towards Loan A/c. No.31879335674, a sum of Rs.29,819.25ps towards Loan A/c. No.31902205607 and a sum of Rs .27 ,2O ,223 .33Ds towards Loa n A/c. No.39986222344; with future interest @9.95o/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 mortgage of property described in the schedule annexed to the OA and the applicant bank is entitled to proceed agalnst the same to realise its debt;

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iii) the applicant bank is also entitled 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 cqsts. ,4v-^*v', L/^-'n"-

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oA.NO.438/2024

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B. 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 accordingly.

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Communicate a copy of this order to the^parties concerned. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 14th Day of July, 2025).

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(RAMESHWAR KOTHE) PRESIDING OFFICER

M/S. State Bank of India v. Mrs. Syed Shajeedha

Case brief

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M/S. State Bank of India v. Mrs. Syed Shajeedha

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