Allowed

Hdfc Bank v. Kunabalan Konasingam

DRT6 Oct 2023OA/196/2022

Case brief

AI extract

What is this about?

The DRT-II at Hyderabad allowed an original application filed by HDFC Bank Ltd. recovering a sum of Rs.38,77,893.01 with interest and costs from the defendant, based on evidence marked despite the defendant appearing ex parte.

What did the court decide?

Defendant to pay Rs.38,77,893.01 with interest and costs; recovery certificate issued.

Hdfc Bank versus Kunabalan Konasingam — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 6th DAY OF OCTOBER, 2023

¶2

PRESENT: SH. MMESHWAR KOTHE, B.Com., L.LB. (Hons.), 14.A. PRESIDING OFFICER

¶3

Original Application No: 196 OF 2022

¶4

HDFC Bank Ltd., H. No. 1-10-60/3,3.d Ftoor, Suryodaya Complex, Opp: Shoopers Stop, Begumpet, Hyderabad-500016. Rep. by its Manager-Legal. .....Applicant.

¶5

Versus

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Kunabalan Konasingam S/o. Konasingam Aged: 54^years, Occ: private Service, F No. 801 8th Floor Vayu B Block, I{y Home Navadweep Apts., Madhapur, Serlingampally, Ranga Reddy, Hyderabad, Telangana-500081.

¶7

Also At: Kunabalan Konasingam S/o. Konasingam Aged: 54^years, Occ: private Service, C/o. IJM Concrete^products private Limit FVo. 1-89/1^ptot No. 42 and 43, 2nd Floor, Kavuri Hills, phase-II, Madhapur, Hyderabad, Tela nga na-500091.

¶8

Also at:

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Kunabalan Konasingam S/o. Konasingam Aged: 54 Years, Occ: private Service,

¶10

dY*

¶11

oA.NO.195/202L-

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S-2, Papas Venkat Plaza, No. 28th Street, Shanthi Nagar, Adambakkam, Chennai, Tamil Nadu-600088. ...Defendant

¶13

: Lotus Law Associates Counsel for the Applicant

Defendants

:Exparte

:: g.LLLB ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.38,77,893.01ps from the defendant with future interest @ !7.29o/o p.a- compounded with monthly rests from the date of application till the date of realization along with costs.

¶18

Summons served on sole defendant through paper publication. He was set exparte on 22.04,2022 as called absent and no representation.

¶19

The Applicant Bank examined N4. Meenakshi, Manager-Legal, as AW-1 and marked 7 documents through her as Ex. A.1 to Ex. 4.7 .

¶20

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 Defendant? ,^ryw^ - U/ / /,/ --..-.(ror')

¶23

¶24

oA.NO.195/202r_

¶25

As stated supra, the Defendant remained ex_parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.7 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the defendant. Hence, I hold that the Defendant is liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶26

In the result, the present Original Application No.193/2022 is allowed as under: -

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.38,77,893.01ps with future interest @ 11.29olo simple from the date of application till the date of realization;

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ii) the applicant bank is entiued to proceed against the person and properties of defendant for realization of its dues;

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iii) the applicant bank is entiued for the costs.

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B. 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. *o turc[ared ""^{i;i", "io'";u""';;;;,} rc the steno, corrected, 5'E' signed and'|cu^{4ru eronounced by mein the opencourton}

¶33

,*,KS;I',i.,., PRESIDING OFFICER

Hdfc Bank v. Kunabalan Konasingam

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Kunabalan Konasingam

Case brief

What is this about?

What did the court decide?

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