Allowed

State Bank of India v. Haritha Industries

DRT14 Jul 2026OA/308/2024

Case brief

AI extract

What is this about?

In OA No. 308/2024, the DRT allowed an application by State Bank of India for recovery of Rs. 49,96,887.68 plus interest from M/s Haritha Industries partners. The court, noting defendants were absent, approved the bank's proof and directed recovery based on 11.90% interest.

What did the court decide?

Defendants directed to pay Rs. 49,96,887.68 with interest @ 11.90% p.a. with half-yearly rests; authority permitted to sell hypothecated properties if payable amount remains unpaid.

State Bank of India versus Haritha Industries — Banking and Recovery | DRT (2026)

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OA No. 308/2024

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Fair Order

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IN THE DEBTS RECOVERY TRIBUNAL AT MADURAI DATED THIS 14^th DAY OF JULY, 2026 PRESENT: SEEMA SINHA, [PR. DISTRICT & SESSIONS JUDGE – Retd] PRESIDING OFFICER

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OA No. 308/2024

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Between

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State Bank of India, Stressed Asset Recovery Branch, No. 8, Dr. Ambedkar Road, Vinayaga Nagar branch Upstairs. Madurai – 625 020. Rep. by its Chief Manager.

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--- Applicant Bank

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And

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M/s Haritha Industries,

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Partners of H. Sangeetha & R. Hariharan, No. 1/93 A, Kokkulam Road,

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Thirumal, Kalikkudi,

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Thirumangalam – 625 706.

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Mrs. H. Sangeetha,

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W/o Mr. R. Hariharan, Door No. 68 A, East Veli Street,

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Madurai South,

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Madurai – 625 001.

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Mr. R. Hariharan, S/o Rajaperumal, Door No. 68 A, East Veli Street, Madurai South,

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Madurai – 625 001. ---Defendants

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Counsel for the Applicant Bank : Mr. C. Deepak.

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Page 1 of 7

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OA No. 308/2024

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This Original Application was heard and fixed for passing final order before me in the presence of the above said Advocate for Applicant Bank and the Defendants having been set ex-parte and upon hearing the arguments of Counsel for Applicant Bank and upon perusing the material available on the records and having stood over for consideration till this day, this Tribunal delivered the following:

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JUDGEMENT

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1 . This Application has been filed under Sec.19 (1) of the "The Recovery of Debts due to Banks and Financial Institutions Act, 1993" now amended as The Recovery of Debts and Bankruptcy Act, 1993 by the Applicant Bank on 17.05.2024 to recover from the Defendants a sum of Rs. 49,96,887.68 ps as on 28.02.2024 in A/c No. 41680271221 with subsequent interest at the rate of 14.75% p.a. with monthly rests plus 2% Penal Interest from 27.02.2024 in respect of Cash Credit from the date of realization with cost and by sale of Hypothecated properties, more fully described in Schedule of the application.

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2 . The brief averments of the application filed by the Applicant Bank are as follows:-

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(i). The applicant bank submitted that the Defendant No. 2 and 3 has executed the Partnership Deed on 07.07.2022 and they have availed loan on 20.12.2022 and the same was sanctioned by applicant to the tune of Rs. 50,00,000/- as Cash Credit with the Rate of Interest fixed at 11.90% and the defendants have accepted the sanction by executing the Agreement of Loan Cum Hypothecation on 08.02.2023.

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(ii) The applicant further submitted that in consideration of loan facilities that the D-2 & D-3 have executed the Guarantee Agreement and the Letter of Arrangement was executed in favour of the Applicant Bank on 08.02.2023.

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(iii). The Applicant was insisting for repayment of loan amount and Defendants have been giving one reason or other to evade from repaying and the Loan has become NPA.

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(iv) The Applicant submitted that the defendants did not adhere to the terms of repayment despite demands. In spite of several demands made by the Applicant, the defendants failed and neglected to settle the amount.

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Page 2 of 7

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OA No. 308/2024

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(v) The Applicant further submitted that the defendants did not adhere to the terms of repayment. The defendants who are the legal heirs has to repay the loan availed by the original applicants and to redeem the property.

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(vi) The Applicant submitted that the defendants are liable to pay a sum of Rs. 49,96,887.68 ps as on 28.02.2024 in Account No. 41680271221 as per account maintained by the Applicant Bank in the regular course of business as per the Bankers Book Evidence Act. The total amount due and payable by the defendants to the Applicant Bank on the date of filing of the Suit is Rs. 49,96,887.68ps. The defendants are liable to pay the above said amount with interest at 14.4% p.a in Account No. 41680271221 (including penal interest at 2% per annum) with compounded monthly rests from the date of Suit till the date of realization.

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(vii) The Applicant bank further submitted that the interest charged in the loan account shall not counter run the Directives of Reserve Bank of India. The Applicant Bank submits that the interest charged at present the interest rate charged is at 12.4% p.a in Account No. 41680271221 with compounded monthly rests. The defendants, as per Contract, are liable to pay 2% penal interest. Thus, as per the present rate of interest provided by the Reserve Bank of India, the Applicant is seeking subsequent interest at 14.4% p.a in Account No. 41680271221 with compounded monthly rests. The Applicant Bank is producing computerized Statement of Account maintained by them in the regular course of business as per the Bankers Book Evidence Act.

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(viii) The applicant Bank submits that the defendants failed and neglected to settle the amount and on subsequent dates when the defendants failed and neglected to repay the loan due.

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(ix) Despite repeated demands and reminders, made by the Applicant Bank, the Defendants have failed and neglected to repay and adjust their liability. Hence, the Applicant Bank has filed the OA for recovery of a sum of Rs. 49,96,887.68 ps as on 28.02.2024 in A/c No. 41680271221 with subsequent interest at the rate of 14.75% p.a. with monthly rests plus 2% Penal Interest from 27.02.2024 in respect of Cash Credit from the date of realization with cost.

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Page 3 of 7

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OA No. 308/2024

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The Applicant Bank has submitted the following documents in support its claim in the OA, which are as follows:

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S. No.	Date	Description of document	Exhibits
1.	07.07.2022	Partnership Deed	Ex. No. A-01
2.	20.12.2022	Loan Application	Ex. No. A-02
3.	--	Sanction Letter	Ex. No. A-03
4.	08.02.2023	Agreement of Loan cum Hypothecation	Ex. No. A-04
5.	08.02.2023	Guarantee Agreement of Sangeetha (D-2) & Hariharan(D-3)	Ex. No. A-05
6.	08.02.2023	Letter of Arrangement	Ex. No. A-06
7.	22.11.2023	Statement of Accounts maintained by the Applicant Bank in regular course and conduct of business	Ex. No. A-07

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SCHEDULE OF PROPERTIES “A” SCHEDULE - HYPOTHECATION

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Hypothecation of Stock and Receivables

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3 . On the other hand, Notices were issued to Defendants and since from the beginning of the case, there was no representation on behalf of the Defendants. Hence, Defendants were set ex-parte.

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4. Now the main point for consideration before me is as to whether the Applicant has been able to prove his case on his own leg?

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5. Having gone through the affidavit of the applicant and the documents filed by them and also considering the submission of the counsel for the Applicant, I find that the Applicant Bank, in order to prove its claim, has filed Proof Affidavit executed by one Mr. Vijayakumar , who is the Chief Manager of the Applicant Bank.

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Page 4 of 7

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OA No. 308/2024

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He has stated in his affidavit that the defendants have availed Cash Credit Loan from the Applicant Bank, but they failed to pay the outstanding loan amount, hence he has filed the case. The applicant bank has also filed the documents given by the defendants at the time of sanctioning the loan amount, which have been marked as Exhibits Nos. A-01 to A-07 in support of its claim in the OA.

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The Partnership Deed dated 07.07.2022 submitted by D-2 & D-3has been marked as Ex. No. A-01. Both defendants have availed the Cash Credit Loan on 20.12.2022. The same has been marked as Ex, No. A-02. The Applicant Bank also sanctioned the Cash Credit Loan to the tune of Rs. 50,00,000/- with the rate of interest fixed at 11.90%, which has been marked as Ex. No. A-03. Both defendants have accepted the said sanction by executing the Agreement of Loan cum Hypothecation on 08.02.2023, which has been marked as Ex. No. A-04. In consideration of the said loan facilities, both defendants have executed the Guarantee Agreement and Letter of Arrangement on 08.02.2023, which have been marked as Ex. No. A-05 & A-06. The Statement of Accounts maintained by the applicant bank in regular course and conduct of business has been marked as Ex. No. A- 07.

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So the averments of the applicant as well as the statement of the pleading have been corroborated by the above mentioned documents.

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As the Defendants remained ex-parte, the claim of the Applicant Bank is neither disproved nor dislodged and goes on record as proved. Accordingly, a cumulative analysis of both the Proof Affidavit and documents marked by the Applicant Bank would prove the claim of the Applicant Bank in the OA.

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So far the claim of interest is concerned, it is a well settled Law that the Tribunal has got powers to award pendente lite interest in view of the Judgment of the Hon’ble Supreme Court in N.M. Veerapa Vs Canara Bank (reported in AIR 98(1), 1101 & in Central bank of India Vs Ravindra and OS (AIR, 2001(1), 3095).

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Page 5 of 7

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OA No. 308/2024

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So far the penal interest is concerned Hon'ble supreme court stated in the said judgement as followed " Though interest can be capitalised on the anology that the interest falling due on the accrued date and remaining unpaid, partakes the character of amount advanced on that date, yet penal interest, which is charged by way of penalty for non payment, cannot be capitalized. Further interest, i.e interest on interest, whether simple, compound or penal, cannot be claimed on the amount of penal interest. Penal interest cannot be capitalized. It will be opposed to public policy ".

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Therefore, this Original Application is allowed. The Applicant Bank is entitled for a final order on the following lines:-

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The Applicant Bank is entitled to recover from the Defendants, a sum of Rs. 49,96,887.68 ps with subsequent interest at the rate of 11.90% p.a. with Half Yearly rests in respect of Cash Credit A/c No. 41680271221 from the date of realization with cost. Accordingly, it is hereby

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ORDERED

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(a) That the Defendants are directed personally/jointly/severally to pay a sum of Rs. 49,96,887.68 ps with subsequent interest at the rate of 11.90% p.a. with Half Yearly rests in respect of Cash Credit Loan A/c No. 41680271221 from the date of realization with cost within one month from the date of receipt of this order.

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(b) In case of default of payment by the above mentioned Defendants, the Applicant Bank is at liberty to sell the movable properties more fully described in Schedule of the original application for appropriation of sale proceeds towards the satisfaction of amount due to the Applicant Bank.

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(c) If the sale proceeds are not sufficient, after defraying the expenses of such sale, for the payment of all such amounts, the defendants are personally/jointly/severally liable to pay the amount of such deficiency with interest mentioned above until realization.

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(d) Any amount remitted during the course of this proceedings shall be given due credit, to the loan account of the defendants.

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(e) Recovery Certificate be prepared, as per the directions given above, and issue accordingly. A copy of the order is to be communicated to the parties concerned, immediately.

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Page 6 of 7

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OA No. 308/2024

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(f) It is further ordered that the Applicant Bank shall file cost memo within a period of one month from the date of receipt of this order, so as to prepare the recovery certificate with cost for the Cash Credit Loan and the Recovery Officer is also directed to proceed with the matter in accordance with law. In case, cost memo is not filed before said period of one month, Recovery Certificate will be prepared with available records.

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Dictated to SKP (Typist), taken down, transcribed, typed by her, corrected and pronounced by me in the Open Court in this the 14^th July, 2026.

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Sd/- (SEEMA SINHA) PRESIDING OFFICER

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Uploaded on 21.07.2026

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Page 7 of 7

State Bank of India v. Haritha Industries

Case brief

What is this about?

What did the court decide?

State Bank of India v. Haritha Industries

Case brief

What is this about?

What did the court decide?

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