Allowed

Union Bank of India (e-Andhra Bank) v. Mr.Dora Maheswara Rao

DRT14 Nov 2023OA/108/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Union Bank of India for recovery of Rs. 20.73 lakhs with interest and costs from the defendants. Ruling that defendants are jointly and severally liable, the court held the bank entitled to realize dues from mortgaged property or personal assets.

What did the court decide?

Decree for recovery of Rs. 20.73 lakh with interest and costs; authorization to proceed against mortgaged property and person/properties of defendants; issuance of Recovery Certificate.

Union Bank of India (e-Andhra Bank) versus Mr.Dora Maheswara Rao — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 14th DAY OF NOVEMBER, 2023

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

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Original Application No: 108 OF 2023

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Union Bank of India, (e-Andhra Bank) Papampeta Branch, Papampets, Ananthapur Dist.. Andhra Pradesh.

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Rep. by its Branch Manager.

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.....Applicant.

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Versus

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Mr. Dora Maheswara Rao, S/o. Dora Surya Rao,

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Aged: 47^years, # 4-2-gog, Janasakthinagar, Ananathapur_515001, Andhra Pradesh

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Also at:

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Mr. Dora Maheswara Rao, S/o. Dora Surya Rao, Aged': 47^years, #77-472, Neeruganti Street, Old Town, Ananthapuramu.

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Also at:

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Mr. Dora Maheswara Rao, S/o. Dora Surya Rao, Aged: 47^years, B C Colony, Dhamani Gudem Village, Lingapalem Mandal, West Godavari Dist.-S34462. /X*xn .z ^,,., // /' '/r6x<sup>- ')/

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oA.NO.108/2023

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Mrs. Dora Dhanalakshmi Wo. Maheswara Rao, Aged: Major, # 4-2-909, Janasakthinagar, Ananthapur-51S001, A.p.

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Also at;

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Mrs. Dora Dhanalakshmi W/o. Maheswara Rao, Aged: Major, # L7-472, Neeruganti Street, Old Town, Ananthapuramu.

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Also at:

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Mrs. Dora Dhanalakshmi W/o. Dora Maheswara Rao, Aged: Major,BC Colony, Dhamani Gudem Village, Lingapalem Mandal, West Godavari District-534462.

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. . . Defendants

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Counsel for the Applicant

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Defendants

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Mr. Srinivasa Rao Chakrala

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Exparte

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:: oRDER::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs. 20,73,t78.39ps as on 2O.O1.2OZ2 from the defendants joinfly and severaily with includes interest at contractual rate @ 8.20olo p.a, along with costs and in default of sale of OA schedule property.

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Summons served on D1 and 2. The defendants were set exparte on 06.06.2023 as called absent and no representation.

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The Applicant Bank examined D. Rupendra, Branch Manager, as AW-1 and marked 25 documents through him as Ex. A.1 to Ex. A.25. ,,.4)il*, l2'^- \^r\

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oA.NO.108/2023

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Heard the Ld. Counsel for the Applicant Bank and 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 mortgaged 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.25 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants 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,10g/2023 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. 20,73,t78.39ps from the defendants jointly and severally with future interest @ 8.20olo 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 OA and the applicant bank is entitled to proceed against the sa me to ri!/

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realise its debt; ..D <,..\-

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oA.NO.108/2023

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

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iv) the applicant bank is entiued 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 Certifl cate accordingly.

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Communicate a copy of this order to the parties concerned. (Didated to the steno, corrected, signed and pronounced by me in the open court on this the 14fr Day of November,2023).

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K^,'" MESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India (e-Andhra Bank) v. Mr.Dora Maheswara Rao

Case brief

What is this about?

What did the court decide?

Union Bank of India (e-Andhra Bank) v. Mr.Dora Maheswara Rao

Case brief

What is this about?

What did the court decide?

What the court decided

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