Allowed

Union Bank of India v. Beerappa

DRT29 Dec 2023OA/183/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by Union Bank of India against two individual defendants for recovery of a loan amount, holding that the evidence clinched the bank's claim due to the defendants' absence.

What did the court decide?

Defendants liable to pay Rs.42,18,944.87 plus future interest; OA claim secured by mortgage; entitlement to proceed against person and properties; costs awarded.

Union Bank of India versus Beerappa — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 29th DAY OF DECEMBER, 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: 183 OF 2023

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Union Bank of India, (formerly- Andhra Bank) Asifhnagar, Hyderabad.

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.....Applicant.

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Versus

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Mr. Kadaganchi BeeraDDa. S/o. Saitu, Age: 6+ yeirs. Resident of H.No.1 -Sg/2i/1. Masid Banda, Kothaguda, Hyderabad-500084.

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Mr. Kadaganchi Vinod Kumar. S/o. Beerappa, Age: 36 yeari. Resident of H.No. 1 -59/23/ L, Masid Banda, Kothaguda, Hyderabad-500084.

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.,. Defendants

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Counsel for the Applicant

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; Mr. Srinivasa Rao Chakrala

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Defendants

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The Applicant Bank filed the present OA for the recovery a sum of Rs.42,18,944.87ps from the with future interest @ 12.3% p.a. till the date of realization along with costs and in default for sale of OA schedule property. ,/X\t ,/,-)

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oA.NO.183/2023

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Summons served on D1 & D2, they were set exparte on 02.08.2023 as called absent and no.epresentation.

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The Applicant Bank examined R.Bala Saidulu, Manager, as AW_ 1 and marked 13 documents throuqh him as Ex. A.1 to Ex. A.13.

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Heard the Ld. Counsel for the Applicant Bank and perused the written arguments and 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 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.183/2023 rs allowed as under: -

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i) The Defendants are liable to pay to the Applicant Bank a sum of Rs.42,18,944.87ps with future interest @ 72o/o p.a. from the date of application till the date of realization;

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/t/:ry1*'"

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oA.NO.183/2023

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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 entifled to proceed against the same to realise its debt;

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iii) the applicant bank is also entiued to proceed against the person and properties of defendant 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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Clmmunicate a copy of this order to the parties concerned. (Dictated tothe steno, signed and pronounced by me inihe open c;;r; ii]J,i" zg_ Day of December,2023) .

¶32

frry"u (RAuesnwna xorxe) PRESIDING OFFICER

Union Bank of India v. Beerappa

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Beerappa

Case brief

What is this about?

What did the court decide?

What the court decided

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