Allowed

City Union Bank Limited v. Smt. Cheela Sashikala

DRT28 Mar 2023OA/249/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's claim for recovery of a housing loan amounting to Rs. 30,26,609 along with interest against the legal representatives of a deceased borrower who failed to comply with the loan terms.

What did the court decide?

Defendants directed to jointly and severally pay Rs. 30,26,609 with interest; bank entitled to proceed against mortgaged property and defendants' person and properties; recovery certificate issued.

City Union Bank Limited versus Smt. Cheela Sashikala — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERYTRIBUNAL-I AT HYDERABAD

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DATED THrs THE 28rH DAy OF MARCH, 2023

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING OFFICER

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OA.No.249 of 2022

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Between:

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City Union Bank Limited, Kamareddy branch, Telangana

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Represented by its branch Manager...

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Applicant

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VERSUS

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SmtCheelaSashikala, w/o Late Cheela Santhosh, Hindu, aged about 27 yrs, 5-5-48/ I, Vivekananda colony, Kamareddy, Kamareddy district.

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Sri Cheela Sudhakar, s/o Rama Chandram,

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Hindu, aged about 71 years, 5-5-48/ l, Vivekananda colony, Kamareddy, Kamareddy district.

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SmtCheela Rajeswari, w/o Sudhakar, Hindu, aged about 61 yrs,

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5-5-48/ 1, Vivekananda colony, Kamareddy, Kamareddy district.

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Cheela Varun, aged about 5 years Being minor j represented by his mother and natural guardian, SmtCheela Sashikala,5-5-48/1, Vivekananda colony, ;,,i 'i Kamareddy, Kamareddy district.

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(OA.no.249/ZO22l

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CheelaManvitha,

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Aged about 2 years, being minor Represented by her mother and Na_tural g uardian smtCheelaSashika la 5-5-48/ L, Vivekananda colony, Kamareddy, Kamareddy Oistriit.

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Defendants

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Counsel for the parties:

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For the Applicant : Sri A. Satyanarayana For the Defendantsthe DefendantsDefendants : Exparte

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For the Defendantsthe DefendantsDefendants

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ORDER

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1' The Appricant Bank fired the present oA against Defendants for recovery of a total sum of Rs.30,26,6O9/_ (Rupees Thirty Lakhs Twenty Six thousand Six hundred and Nineonly) with interest @ L2o/o^p.a with monthly rests from date of application till the date of realization and in default for sale of mortgaged property as described in the schedule to OA.

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2' As per the averments in the application, the Appricant Bank states that defendant no.1 is the wife, defendants no.2 & 3 are parents and defendants 4 and 5 are children of Late Cheela Santhosh. Defendants 1 to 3 availed housing loan of Rs. 3O.OO lakhs for purchase of application schedule property vide sanction letter dated .: 29.08.2019 and e.xecdGd i€tio"ds, necessary documents on ' l ''' :i1 ' 31.08.201e. ,T',ne*Laia ro6# u, by way of mortgage on apptication r.fl.orr" 6,6dmvznV o Euure Y)Fopsttry/ruy defenF€nt no.1 and Santhosh by W"b,.,-,+r,n,s ..q[,i'i'':':^":'

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lOA.no.2a9/2022]r

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depositing the tire ded on 04.10.2019. sri cheera santhosh died on 05.05.2021 leaving behind the defendants as legal representatives. The estate of deceased is lying in the hands of defendants No.1 to 5 being legal representatives. After availing the loan facirities, the defendants faired to compry the terms of sanction, hence the applicant bank was constrained to classify the account as NPA' Inspite of severar requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants were called absent set exparte on 1O.02.2023.

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4' Sri D. Barakrishna, Manager of the Appricant Bank examined himserf as AW.1 and exhibited rerevant documents, which are marked as Ex.A.1 to A.10.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arise for consideration is whether the Applicant Bank is entitled for the claim made in the OA against the Defendants as

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prayed for?

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t-ry * 7. The defendan{s wdr0 dfiFd0&sen set exparte. To substantiate the case of thB ,^official of the Applicant Bank was examined'-and,-!re,exh relevant documents as Ex.A1 to

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(oA.no.2a9/zO22l

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A.10. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendants and hence the Appricant Bank is entired to recover the craim made in the OA with future interest and costs.

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B. In the result, the present OA is allowed with costs, as under:

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The Defendants are joinfly and severally liable to pay to the Applicant Bank a total sum of Rs.3O,26,609;_ (Rupees Thirty Lakhs Twenty Six thousand Six hundred and Nine only) with interest @ l7o/o p.a from date of application till realization,

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i) The Applicant Bank is entitled to proceed against the mortgaged immovable property as described in the schedule to OA towards realization of the debt due, However the applicant bank is entitled to proceed only to the extent of estate devolved upon the defendants being regar representatives of deceased cheera Sa nthosh.

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ii) the Applicant Bank is also entiUed to proceed against the person and properties of defendants towards realization of the debt due.

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iii) The Applicant Bank is entifled to the costs of the OA.

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iv) The Applicant shall file a cost the

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date of receipt of order. 4

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(OA.no.2a9/2022)

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Issue Recovery certificate accordingly.

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11' communicate a copy of the order to the parties concerned.

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court on this (Dictated to the the 2grH p.A.,,transcr]ffi day of March., bv her, corrected, zdsl signed and pronounced by me in the open

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sdl-

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(G. GOPTCHAND) PRESIDING OFFTCER

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h=.b.'s
2 I f'lAfl 1fi71

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TRUE COPY

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n""*W,A?)t v DRT.', HYDERABAO.^,/

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City Union Bank Limited v. Smt. Cheela Sashikala

Case brief

What is this about?

What did the court decide?

City Union Bank Limited v. Smt. Cheela Sashikala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Parties & counsel

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