Allowed

M/s. Bank of Baroda. v. M/s. Shyam Petroleums.

DRT6 Aug 2026OA/435/2026

Case brief

AI extract

What is this about?

In an original application under the SARFAESI Act, the Debts Recovery Tribunal allowed the applicant bank's claim for recovery of a dues of Rs.53,78,600 with future interest and costs, holding the defendants jointly and severally liable and directing issuance of a Recovery Certificate.

What did the court decide?

Defendants jointly and severally liable to pay Rs.53,78,600 plus interest @9.05%p.a.; Recovery Certificate issued.

M/s. Bank of Baroda. versus M/s. Shyam Petroleums. — Consumer Protection | DRT (2026)

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IN TH E DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE O6TH DAY OF AUGUST, 2026

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

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ORIGINAL APPLICATION No: 435 OF 2026

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M/s. Bank of Baroda., Gandhinagar, Hyderabad.

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Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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M/s. Shyam Petroleum's., Rep by its Proprietor Mr. Vinay Kumar Situated at H. No.15-5-254/ 1/A, Vittal

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Nagar, Afzalgunj Road, Hyderabad Telangana - 500012.

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Mr. Vinya KumarAgarwal, S/o. Sri Babaulala

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Agarwal, Aged 50 Years, Occ: Business

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R/o. H.No. 15-5-254/ 1 1 A, vittal

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Nagar, Afzalg unj Road, Hyderabad Telangana - 500012.

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... Defendants

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: Mr. M. Srinivas Counsel for the Applicant

Defendants

: Ex-parte

:: (LLD-qL ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.53,78,600/- towards Cash Credit A/c. No. 757905000000291 from the defendants jointly and severally with future interest @11.05Vo p.a. from the date of application till the date of realization alono with costs and in default for sare of oA schedure property. 0W",

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oA.NO.435/2026

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Summons served on D1 and 2 through paper publication. They were set ex-parte on 05.08.2026 as called absent and no representation.

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The Applicant Bank examined G Praveen Kumar, Legal Manager, as AW-1 and marked 13 documents through him as Ex. A. 1 to Ex. A.13.

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Heard the Ld. Counsel for the Applicant Bank. Perused the 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 Bank 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 Applicatlon No.435/2026 is allowed as under: -

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i) The Defendants are^jointly and severally liable to pay to the Applicant Bank a sum of Rs.53,78,600/- towards Cash Credit A/c. No. 757905000000291 with future interest ffi"a

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oA.NO.435/2026

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@9.05o/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 against 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 costs.

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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 according ly.

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Communicate a copy of this order to the^parties concerned, (Dictated to the steno, corrected, signed and pronounced by me inlhe.open court on this the 06th Day of August, 2026).

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PRESIDING OFFICER

M/s. Bank of Baroda. v. M/s. Shyam Petroleums.

Case brief

What is this about?

What did the court decide?

M/s. Bank of Baroda. v. M/s. Shyam Petroleums.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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