Allowed

Hdfc Bank Ltd., v. Mr.Amrish Mishra

DRT12 Dec 2023OA/103/2023

Case brief

AI extract

What is this about?

The Tribunal allowed the bank's recovery application against two defendant borrowers. Finding the defendants ex-parte and the evidence clinching, the court accrued jointly and several liability to pay the claimed sum with future interest and costs.

What did the court decide?

Joinder and several liability imposed to pay Rs.36,56,351.35 plus interest; recovery via hypothecated assets and personal properties directed.

Hdfc Bank Ltd., versus Mr.Amrish Mishra — Execution and Attachment | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 12th DAY OF DECEI\4BER, 2023 PRESENT: SH. RAMESHWAR KoTHE, B.com, L.LB. (Hons.), M.A. PRESIDING OFFICER

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HDFC Bank Ltmited, Branch at 1- 10-60/3, 3'o Floor, Suryodaya Comolex. Opp: Shoppers Stop, Begumpet, Secundrabad Manda I Telanga na- 500016, Rep by its legal manager.

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......Applica nt.

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Versus

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Mr. Amrish Mishra, S/o. Ramsiya Mishra, Age:52 years, Occ:^pvt Employee, R/o. F. No.202, Vasantha Reside, Raghavendra Colony, Medcha l, Hyderabad-501401, Telangana State.

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Also at:

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lvlr. Amrish Mishra, S/o. Ramsiya M ishra, Age:52 years, Occ: Pvt Employee, Plot No.203, Balaji Nagar Colony, Road No.6, Sri Laxmi Nilayam Medchal, Hyderabad-501401, Telangana State.

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Mr.Shanthimay Tiwari, S/o. Bhagwan Prasad Tlwari, Age:59 years, Occ: Pvt Employee, R/o181/B, Sainath Society, Bhadurpally, Hyderabad-500043, Telangana State. ,uKt/rtt.l

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........ Defenda nts.

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oa.L03l2oz3

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: M. V.^KINI Counsel^{for the APPlicant}

Defendants

:Exparte.

ORDER

The Applicant^{Bank filed the present OA for the recoveryof a} sum of^{Rs.36,56,35135psjointly and severally from the} defendants^{with interest@180/oP afrom the dateof} Application^{till the date of realization along with costs and in} default^{for sale of OA schedule assets'}

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paper^{publication.They}

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1. Summons^{served on Dl and 2 throuqh} called absent^{and no}

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were set^{ex-Parte on 18 08'2023as} representation.

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examined^{M Meenakshi,} Legal Manager^as

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The Applicant^Bank AW-1 and^marked I documents^{through her} as Ex. A.1^{to Ex.} A.8.

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l Ld. counsel^{for the AppllcantBank reported orders may be} passed on merits.^{Perused the materialplaced 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^{madein the oA against} the Defendants and^{OA hypothecated} vehicles?

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As stated supra,^{defendantsremained ex-parte' The Evidence} Affidavit coupled^{with the recitals in the documents viz , Exs Al} to A.8 marked on^{behalf of the Applicant Bank clinches the} claim of the Applicant^{Bank against the DefendantsHence, I} fi{.o*

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oA.7O3/2023

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hold that the Defendants 1 and 2 are joinUy 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 Application No.103/2023 is allowed as under: -

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i) the Defendants 1 and 2 are joinUy and severally liable to pay to the Applicant Bank a sum of Rs.36,56,351.35ps with future interest @9.5olo 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 hypothecation of assets described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same for recovery of its dues;

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iii) the applicant bank is also entiUed to proceed against the person and properties of the defendants for realization of its dues; and

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iv) the applicant bank is entifled for the costs,

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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 accordingly.

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Communicate a copy of this order to the parties concerned. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 12th day of December, 2023).

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Kr*

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HWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mr.Amrish Mishra

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mr.Amrish Mishra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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