Debts Recovery Tribunals and Appellate Tribunals

Geeta Jayanti vs STATE BANK OF INDIA on 15 September 2026

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Judgment delivered on: 15.09.2026

Misc. Appeal No. 37 of 2026-DRAT-Kolkata

IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA

Misc. Appeal No. 37 of 2026

(Arising out of I.A. 3034 of 2025 in O.A. 47 of 2024 in DRT-II, Hyderabad)

HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA

CHAIRPERSON

Smt. Geeta Jayanti, W/o. Swaroop Kumar Kaza, R/o. H. No. 1-4- 880/2/43, Flat No. 104, Surya Pearl, SBH Colony, Gandhi Nagar, Hyderabad-500080.

… Appellant

-Versus-

1.

M/s. State bank of India, at SME, R.P. Road, Bible House Branch, 2nd Floor, Kayjee Mansion, Ranigunj Circle, Secunderabad;

2.

M/s. Allianz Apparels, at Mr. Kaza Swaroop Kumar, H.No. 2-4- 552/202, 2nd Floor, Laxmi Plaza, Nallagatla, Ramgopalpet, Secunderabad- 500003;

3.

Sri Kaza Swaroop Kumar, S/o. Syama Sunder Prasad, R/o. H. No. 1-4- 880/2/43, Flat No. 104, Surya Pearl, SBH Colony, Gandhi Nagar, Hyderabad-

500080.

… Respondent

Counsel for Appellant

… Mr. Sharad Sanghi(virtual)

Mr. Nemani Srinivas

Mr. Tirthankar Das

Counsel for Respondent No. 1

…

Ms. Debjani Ghosal

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JUDGMENT

: 15th September, 2026 THE APPELLATE TRIBUNAL:

1. Heard the Learned Counsel for the parties and perused the records.

2. Instant appeal is preferred against the order dated 16.03.2026 passed by the Learned DRT-II, Hyderabad, in I.A. No. 3034 of 2025 in O.A. No. 47 of 2024 (State Bank of India -vs- Allianz Apparels) whereby Learned DRT dismissed the I.A. No. 3034 of 2025. Learned Counsel for the Appellant would submit that in the pending O.A. appellant preferred the application for permission to cross examine the AW-1 on two counts, firstly, that an amount of Rs. 24,72,473/- was received by the bank but was not shown in the statement of accounts. Secondly, the rate on interest, which is being charged by the bank, is exorbitant and is not in accordance with the sanction letter.

3. Per Contra, Learned Counsel for the Respondents would submit that in the opposition filed by the bank, a statement of account is filed wherein the receipt of amount of Rs. 24,72,473/- is shown on 06.05.2024. It is further submitted that the interest was charged in accordance with the sanction letter.

4. As far as the issues in appeal are concerned, when there is an admission by the bank in the statement of account, although their statement of account is not filed in accordance with law, but in the opposition filed in the appeal at Page No. 27 of Excel Sheet which is part of the opposition is filed wherein it is shown that an amount of Rs. 24,72,423/- was received by the bank on 06.05.2024.

5. As far as issue of charging of interest is concerned it has to be looked into by the Learned DRT at the time of final disposal of the O.A. It would be dependent upon the sanction letter and the RBI Guidelines wherein there is no requirement of oral cross examination of the bank witnesses. Accordingly, appeal is disposed of with the observations made in the body of the judgement.

O R D E R

Appeal is disposed of with the observations made in the body of the judgment. File be consigned to Record room. Copy of the Judgment/Final Order be uploaded in the Tribunal’s Website. Order signed, dated and pronounced in open Court.

(Anil Kumar Srivastava,J) Chairperson Dated: 15th September, 2026 tk

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