Allowed

State Bank of India v. Indian Rehab Services Pvt. Ltd.

DRT17 Jul 2023OA/228/2022

Case brief

AI extract

What is this about?

This judgment allows an Original Application filed by State Bank of India for recovery of debt from five respondents. The Tribunal held that the claim is established on documentary evidence and directed payment with future interest and costs.

What did the court decide?

Defendants liable to pay Rs. 20,85,882/- plus future interest @ 7.40% p.a. simple; Recovery Certificate issued; costs awarded.

State Bank of India versus Indian Rehab Services… — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD

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DATED THIS THE 17th DAY OF JULY, 2023

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

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Original Application No: 228 OF 2OZz

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State Bank of India, SMECC, Patny Centre, Secunderabad, Hyderabad. Represented by its Chief Manager.

... ..Applicant.

Versus

Indian Rehab Services^pvt Ltd., Represented by its Directors Situated : H.No.1-70,

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Vasavi Residency,

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Beside G.R.R Hospital, Prabhat Nagar, Kothapet, Hyderabad-500060.

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Bidurukoti Tippa Swamy S/o Bidurukoti Veeranna, Age about 43 years, Occ: Business, Director of Indian Rehab Services pvt Ltd, R/o. 1-7-185/9/C, Hanuman Nagar, K.C Road New Gunj, Mahabubnagar, Telanga na-509001.

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3, Ganji Dasu S/o Ganji Balappa,

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Age about 29 years, Occ: Business, Director of Indian Rehab Services pvt Ltd, R/o, H.No. 1- 10/1, Rampur, Mahabubnagar, Telangana-509001.

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Gangi Setty Uma Maheshwar, S/o K.Lingaiah,

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Director of Indian Rehab Services pvt Ltd,

OY"*

oa.22al2022

Aged about 39 years, Occ: Business, R/o, H. No.1-4- 170, New Town, Bayamma Thota, Mahabubnagar, Telangana-509001.

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Rama Krishna Pendyala, S/o Jagadheshwar, Director of Indian Rehab Services Pvt Ltd, Aged about 39 years, Occ: Business, R/o.H.No.4-4-1 U1l2, Brahmanawadi, Mahabubnagar, Telangana-509001.

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...Defendants

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Counsel for the Applicant : Mr.Arun Kumar Satyavolu Defendants : ExparteExparte

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: ExparteExparte

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:: qLLEE ::

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The Applicant Bank filed the present OA for the recovery of a sum of Rs.20,85,882/- from the defendants jointly and severally with future interest @ 7.40o/o p.a. with monthly rests from date of application till the date of realisation along with costs and in default, for sale of OA schedule assets.

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Summons served on Dl to 3, Summons served on D4 and 5 through^{paper publication.} All the defendants were set exparte on 11.10.2022 as called absent and no representation.

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The Applicant Bank examined S.Rajendra^{Prasad, Manager as} AW-1 and marked 24 documents through him as^{Ex. A.1} to^Ex. A.24.

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Heard the Ld. Counsel for the Applicant Bank and^perused the material placed on record.

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N""P

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oA.228l2OZ2

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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 Assets?

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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.24 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.22B/ZOZ2 is allowed as under: -

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The Defendant is liable to pay to the Applicant Bank a sum of Rs.20,85,882/- with future interest @ 7.40o/o p.a. simple from the date of application till the date of realization;

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iii)

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the OA claim is secured by way of hypothecation of assets described in the schedule annexed to the OA and the applicant bank is entiued to proceed against the same to realise its debu

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the applicant bank is entifled to proceed against the person and properties of defendants for reatization or rr, ou.rglry.O

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oA.22812022

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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

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.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 17th day of July, 2023) .

¶48

OY** (RAMESHWAR KOTHE) PRESIDING OFFICER

State Bank of India v. Indian Rehab Services Pvt. Ltd.

Case brief

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State Bank of India v. Indian Rehab Services Pvt. Ltd.

Case brief

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