Allowed

Bank of India v. Prakash Ananterbedhi Chandra Singh

DRT7 Sept 2023OA/211/2022

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the debtor recovery tribunal allowed an Original Application filed by Bank of India against a defendant in ex-parte proceedings for a sum of Rs. 26.30 lakhs with interest and costs, directing issuance of a recovery certificate.

What did the court decide?

Order allowed directing the defendant to pay Rs. 26,30,456/- with interest, securing the claim against mortgaged and other properties, and directing issuance of a recovery certificate.

Bank of India versus Prakash Ananterbedhi Chandra Singh — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 7th DAY OF SEPTEMBER, 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: Ztt OF 2022

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Bank of India, Sanjeeva Reddy Nagar Branch, Hyderabad, Telagana State Rep. by its Constituted Attorney.

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.....Applicant.

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Versus

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Mr. Prakash Ananterbedhi S/o. A. Chandran Singh, Aged: 37 Years, Occ: Business, R/o. Plot No. 543/1. KKT Nagar, Neredmet, Hyderabad-5OOOS6.

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Also at: R/o. Plot No. 157, H. No. 29-f-t453/7 Kakatiya Nagar, Road No.2, Neredmet, Hyderabad-500056.

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...Defendant

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Counsel for the Applicant : M/s. Momin Mohammed Rafiq

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Defendants : Exparte

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:: ORDER::

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The Applicant Bank filed the present OA for the recovery of a total sum of Rs. 26,30,456l- from the defendant with future interest and penal interest @ 2olo per annum from the date of O%*

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oa.No.2LL|2O22

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application till the date of realization along with costs and in default for sale of OA schedule property.

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Summons served on sole defendant through paper publication, he was set exparte on 27.09.2022 as called absent and no representation,

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The Applicant Bank examined Darla Rajaskhar, Manager, as AW-1 and marked 14 documents through him as Ex. A.1 to Ex. 4.14.

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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 Defendant and OA schedule property?

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As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.14 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.

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In the result, the present Original Application N}.Z77/2O22 is allowed as under: -

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i) The Defendant is tiable to pay to the Applicant Bank a sum of Rs. 26,30,456l- with future interest @ 9.00o/o p.a. simple from 0Y**

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oA.NO.zLLl2O2Z

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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 the OA and the applicant bank is entitled to proceed against the same to realise its debt;

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

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iv) the applicant bank is entitled for the costs.

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The Applicant Bank is directed to flle 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 Tthday of September, 2023) .

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(/x,* (R}TMESHWAR KOTHE) PRESIDING OFFICER

Bank of India v. Prakash Ananterbedhi Chandra Singh

Case brief

What is this about?

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Bank of India v. Prakash Ananterbedhi Chandra Singh

Case brief

What is this about?

What did the court decide?

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