Debts Recovery Tribunals and Appellate Tribunals
M/s Sai Enterprises vs SBI, Visakhapatnam on 23 September 2026
**IN THE DEBTS RECOVERY TRIBUNAL
VISAKHAPATNAM**
Present: - Sri Krishna Gopal Dwivedi, Presiding Officer Dated the 23<sup>rd</sup> Day of September, 2026
M.A. No.61 of 2025
in
O.A. No.590 of 2021
**Between:**
1. M/s. Sai Enterprises, Rep. by its Proprietor Smt. Jabba Sumahitha, D.No.8-4-30, Part, Ashok Nagar, Old Gajuwaka, Visakhapatnam-530026.
2. Smt. Jabba Sumahitha, Proprietor of M/s. Sai Enterprises, D.No.8-4-30, Part, Ashok Nagar, Old Gajuwaka, Visakhapatnam-530026.
.....Applicants/Defendants
**And:**
State Bank of India, SME Centre, Collectorate Compound, Maharaniapeta, Visakhapatnam, rep. by its Manager & Authorized Signatory.
.....Respondent Bank
**Present:-**
Ld. Counsel for Petitioner
R. Vara Prasad
- Sri. T. Parthasaradhi and Sri.
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**ORDER**
In the above MA, the applicant has prayed to condone the delay of 332 days in filing the set aside petition to set aside the exparte order dt.10.05.2024.
Vide order dt.15.05.2026, the respondent bank is debarred from filing counter.
As per MA, the applicant could not contest the case by filing written statement due to health issues. In Covid-19 period, she was suffering from Covid-19 affect and was admitted at Vignesh Women's Care, Vijayawada. She also suffered a shoulder injury and took treatment at Sri Chaitra Hospital, Gajuwaka. The applicant has further submitted that due to health issues, she could not contest the case.
After perusal of the record of OA 590/2021, I find that OA notice was sent to the defendants but notice could not be served on the defendants, hence, as per rule, notice was published in newspaper and after that Sri. T. Parthasaradhi, Advocate, filed Vakalat for D1 & D2 and case was posted for written statement on 10.03.2023. Again case was fixed for written statement on 24.04.2023, 27.07.2023 and 11.10.2023. The defendants did not file written statement after giving more than sufficient opportunity, hence, vide order dt.11.10.2023, defendants are debarred from filing written statement and case was fixed for exparte evidence before the Registrar. After hearing the applicant bank counsel, vide order dt.10.05.2024, final order was passed in OA 590/2021.
In MA, the applicant has filed some documents relating to the diagnosis and treatment of applicant etc. But after scanning the record, it reveals that after filing the Vakalat on 01.12.2022 till 11.10.2023, the defendants did not file written statement and at last vide order dt.10.05.2024, OA 590/2021 was allowed. The explanation for delay given by the applicant is not proper.
On the basis of the above discussion, MA 61/2025 is hereby dismissed.
[Dictated to steno, transcribed by her, corrected and pronounced by me in the open court on this day of 23<sup>rd</sup> September, 2026]
*[Handwritten signature and date: 23.09.2026]* **PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL VISAKHAPATNAM**