Allowed

Hdfc Bank v. Theetla Venkata Sivaprasad

DRT10 Nov 2023OA/200/2022

Case brief

AI extract

What is this about?

The Preceding Officer in the Debts Recovery Tribunal, Hyderabad, allowed the Original Application filed by HDFC Bank for recovery of dues against an ex-part defendant. Finding the defendant's default non-contentious due to the absence of representation, the officer held the defendant liable to pay the claimed amount with future interest.

What did the court decide?

The Defendant is liable to pay the Applicant Bank Rs. 33,25,994.50 with future interest; Applicant may proceed against defendant's properties; Costs awarded.

Hdfc Bank versus Theetla Venkata Sivaprasad — Banking and Recovery | DRT (2023)

¶1

iN THE DEBTS^{RECOVERYTRIBUNAL-II AT HYDERABAD} DATED THIS^{THE lothDAY OF NOVEMBER,2023}

¶2

PRESENT: SH.^{RAMESHWARKoTHE,B Com, L LB (Hons')'M A'} PRESIDING^OFFICER

¶3

Original Application^{No: 200 OF 2022}

¶4

HDFC Bank^Ltd., Having its^{olfice at # 1-10-60/3,} 3'd Floor,^{SuryodaYacomPlex,} Begumpet,^{Secunderabad Mandal,} Hyderabad-500016. .....ApPlicant. Rep. by its^{AuthorizedSignatory'}

¶5

Versus

¶6

Mr. Theetla^{VenkataSlvaPrasad,} S/o. SubbaraYudu^Theetla, Aoed: 53 Years,^{Occ: Govt.Employee,} Rfu. Flat^{No. 4o2,4th Floor,unique Dream} Residency,^{GadhitataNagar,OPP:} Community^{Hall, Anandnagar,} Khairatabad,^{HYderabad-500004'}

¶7

Also at: C/o. Water^{Resources DePartment,} H. trto. O-Z-StOlf,^Khairatabad, ..,Defendant Erramanzil,^{HYderabad-500004'}

¶8

: Ivlr, M. Srinivas^Reddy Counsel^{for the APPlicant} Defendants : Exparte f;{^**

¶9

oA.NO.200/2022

¶10

:: 9-LLE8^:;

¶11

The Applicant^{Bankflled the presentOA for the recovery a total} sum of Rs. 33,25,894.50ps^{from the defendantwith future} interest @ 18olo^{p.a. from the dateof applicationtill the dateof} realization along^{with costs.}

¶12

Summons served^{on sole defendantthroughpaper publication'} She was set^{exparte on 24.Oa.2O22as called absentand no} representation.

¶13

The Applicant^{Bank examinedM lvleenakshl,Manager-Legal,as} AW-1 and marked^{8 documentsthrough her as Ex A lto Ex'} A.8.

¶14

Ld. Counsel for the^{Applicant Bank reportedorders maybe} passed on merits. Perused the material^{placed on record.}

¶15

The^point that arlses^{for considerationis:-}

¶16

Whether the Applicant^{Bank is entitled} for the claim made in^{the OA against} the Defendant?

¶17

As stated supra, the^{Defendant remainedex-parte.The} Evidence Affidavit coupled^{withthe recitals in thedocuments} viz., Exs. A.1 to A.8^{markedon behalfof the ApplicantBank} clinches the claim of the^{Applicant Bank against the Defendant.} Hence, I hold that the^{Defendantis liable to pay the OA claim to} the Applicant Bank with future^{interest and .ott./F-^r.r>}

¶18

oA.NO.20Ol2022

¶19

In the result, the present Original Application No.2OO/2O22 is allowed as under: -

¶20

i) The Defendant is liable to pay to the Applicant Bank a sum of Rs. 33,25,994.50ps with future interest @ 10.75olo p.a. simple from the date of application till the date of realization;

¶21

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

¶22

iii) the applicant bank is entitled for the costs.

¶23

The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶24

Issue Recovery Certificate accordingly.

¶25

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 1os Day of November, 2023) .

¶26

Ow* (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Theetla Venkata Sivaprasad

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Theetla Venkata Sivaprasad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Punjab National Bank versus Mrigen Sutradhar

I Tech Advance Inspection Services versus Bank of India

Bank of India versus Gauravbhai

Bank of Baroda versus M/S Preeman Animal Rench

Mrs Usha Nandini versus the Karanataka State Cooperative Apex Bank Limited

Punjab National Bank versus Sh. Parveen Singh