Allowed

State Bank of India v. the Montina Shoes, a Partnership Firm Acting through Its Partner, Shri Husain Noorallah Ajani

DRT28 Aug 2025OA/570/2023

Case brief

AI extract

What is this about?

The Tribunal allowed an application filed under Section 19 of the RDB Act, 1993. Since respondents appeared ex parte, the court pronounced judgment for the recovery of principal dues with future interest from bank accounts, directed issuance of a recovery certificate, and refused to award penal interest.

What did the court decide?

Respondents directed to pay Rs. 55,55,241.55 with future interest at 9%p.a. and Rs. 3,97,890.45 with future interest at 9%p.a.; Recovery Certificate issued; Penal interest of Rs. 5,975/- disallowed.

State Bank of India versus the Montina Shoes, a Partnership… — Banking and Recovery | DRT (2025)

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Page 1 of 5 O.A. No. 570/2023

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PRESENTED ON : 24.07.2023 REGISTERED ON : 05.10.2023

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Exh. No. 21

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BEFORE THE PO, DEBTS RECOVERY TRIBUNAL, NAGPUR

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Delivered by Pankaj Kumar

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O.A. No. 570/2023

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State Bank of India : Applicant

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A bank constituted under the State Bank of India Act, 1955, having one of its branch SME Branch, Ravinagar, Nagpur – 440 033 IFS Code : SBIN0012957 Acting through its Chief Manager i.e. Shri Ravi Kumar, Phone No. 9483541215 Email : [email protected] having authority to file the Original Application which includes the authority to verify & sign the Original Application.

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Versus

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1. M/s The Montina Shoes

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: Defendants

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A partnership firm acting through its partner

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Shri Husain Noorallah Ajani Block No. 6, NDTA Complex, Opp. Liberty Cenema, Sadar, Nagpur – 440 001 PAN : AADFT1997Q Also at : Flat No. 302, Royal Park Apartment, Opp. Dagdi Park, Plot No. 72, Farmland, Ramdaspeth, Nagpur – 440 010

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Page 2 of 5 O.A. No. 570/2023

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2. Shri Husain Noorallah Ajani

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Block No. 6, NDTA Complex, Opp. Liberty Cenema, Sadar, Nagpur – 440 001 PAN : AAWPA7763J Also at : Flat No. 302, Royal Park Apartment, Opp. Dagdi Park, Plot No. 72, Farmland, Ramdaspeth, Nagpur – 440 010

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3. Shri Nizar Noorallah Ajani

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Block No. 6, NDTA Complex, Opp. Liberty Cenema, Sadar, Nagpur – 440 001 PAN : AFNPA0241B Also at : Flat No. 4/4, Vidarbha Housing Board Colony, East High Court Road, Ramdaspeth, Nagpur – 440 010

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Learned Counsels for Applicant	Adv. S.N. Kumar
	Adv. Pratik Joshi
	Adv. Prutha Masodkar
Defendants Set Exparte On	11.11.2024

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JUDGMENT

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(Delivered on 28^th Day of August, 2025)

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This is an application filed by the applicant U/s 19 of RDB Act, 1993 against defendants for recovery of aggregate amount of Rs. 59,59,107/- with costs and future interest with monthly rests from date of filing of O.A. till its realization as under :-

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Page 3 of 5 O.A. No. 570/2023

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A. An amount of Rs. 55,61,216.55/- outstanding in Cash Credit Account No. 38247793687 with costs and future interest @17.25% p.a. with monthly rests from the date of filing of O.A. till the date of realization.

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B. An amount of Rs. 3,97,890.45/- outstanding in GECL Account No. 39443304246 with costs and future interest @9.25% p.a. with monthly rests from the date of filing of O.A. till the date of realization .

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Though, defendant nos. 1 to 3 were duly served with the suit summons vide Exh. 14 & 15, they failed to cause appearance before this Tribunal to defend their case despite granting several adjournments. Hence, the proceeding against defendant nos. 1 to 3 was set exparte on 11.11.2024.

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The applicant has filed its Claim Affidavit (Exh. 16) alongwith List of Documents (Exh. 17), annexing therewith 13 documents. The original documents therein are marked as Exh. AW-1/1 to AW-1/11. The applicant has stated in the O.A. as well as in claim affidavit that penal interest of Rs. 5,975/- has been charged in the Cash Credit Account and no penal interest has been charged in the GECL Account.

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Heard Learned counsel for the applicant.

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As stated supra, defendants remained exparte. The Evidence Affidavit coupled with the recitals in the documents viz. Exh. AW -1/1 to AW-1/11 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

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Page 4 of 5 O.A. No. 570/2023

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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. 5,975/- applied in Cash Credit Account.

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Hence, it is ordered as under:-

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ORDER

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A] O.A. No. 570/2023 is allowed to the extent as under with costs.

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B] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 55,55,241.55/- (Rupees Fifty Five Lakh Fifty Five Thousand Two Hundred Forty One and Paise Fifty Five Only) outstanding in Cash Credit Account No. 38247793687 with simple future interest @9% p.a. from the date of filing of O.A. till its realization.

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C] Defendants to pay jointly and severally to the applicant bank an amount of Rs. 3,97,890.45/- (Rupees Three Lakh Ninety Seven Thousand Eight Hundred Ninety and Paise Forty Five Only) outstanding in GECL Account No. 39443304246 with simple future interest @9% p.a. from the date of filing of O.A. till its realization. D] It is declared that outstanding dues are secured by mortgaged immovable properties of defendant nos. 2 & 3 as described in Schedule- I in O.A.

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E] It is also declared that charge of outstanding dues is kept on hypothecated goods as mentioned in Schedule-II annexed to the O.A. and as referred in Exh. AW-1/2 and AW-1/5.

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Page 5 of 5 O.A. No. 570/2023

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F] Issue Recovery Certificate accordingly.

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

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

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Nagpur

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Date : 28.08.2025

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Pankaj Kumar Presiding Officer Debts Recovery Tribunal Nagpur

State Bank of India v. the Montina Shoes, a Partnership Firm Acting through Its Partner, Shri Husain Noorallah Ajani

Case brief

What is this about?

What did the court decide?

State Bank of India v. the Montina Shoes, a Partnership Firm Acting through Its Partner, Shri Husain Noorallah Ajani

Case brief

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What did the court decide?

What the court decided

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