Allowed

Union Bank of India v. Nutanapati Deepa

DRT13 Dec 2023OA/288/2023

Case brief

AI extract

What is this about?

Union Bank filed an original application for recovery of loans totaling approximately Rs. 5.78 crores plus interest against seven defendants. The court, finding defendants absent and evidence established, allowed the application, declaring defendants jointly and severally liable for the sum, interest, costs, and confirming the bank's right to proceed against contra assets and properties.

What did the court decide?

Defendants are jointly and severally liable to pay total sum of Rs. 5,78,60,459.43/- with future interest @12% p.a., costs, and bank is entitled to proceed against OA assets and defendant properties.

Union Bank of India versus Nutanapati Deepa — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS^{RECOVERY TR]BUNAL'IIAT HYDERABAD} DATED THIS^{THE13th DAYOF DECEMBER, 2023}

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PRESENT: SH.^{RAMESHWAR KOTHE,B.COM, L.LB. (HONS.), M.A.} PRESIDING OFFICER

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RrGINA_! iEPlIearION-Nel

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LJnion Bank of^India, (formerly Corporation^Bank) Branch office^{at 4/659,} Chintalarayungudi^Veedhl, Tadipatri,^AnanthaPur, Andhra Pradesh-515411 Rep by its Authorized^Officer

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.........APPlica^nt.

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Versus

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Nutanapati DeePa W/o N. Chithambar, Aged about⁴³ Years,^Female, Occ: Business,^{R/o 11-512,} Aravind Nagar,^{Narpala Village,} Near Shepherd^School, Anantapur, Andhra^{Pradesh-515001}

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AIso at:

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Door No.6-5-486,^{Sri Nllayam} lustice lY Ranga^{Reddy House,} l"t Floor, Near^{RamNagar Bridge,} Anantapur-515004

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Nutanapati Chithambar, S/o. N. Venkata^Naidu, Aged about 48 Years,^Male Occ:Business,^{R/o 11-512,} Aravind Nagar, NarPala^Village, Near Shepherd School,

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Anantapu r, Andhra Pradesh-515001

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Also at:

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Door No. 6-5-486, Sri^Nllayam,

trfu:'*

oA.288/2023

Justice M Ranga Reddy House 1'r Ftoor, NeaiRarn fljgar- B;;ge, Ananta pur- 515004

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Malapati Hymavathi, W/o Mr. M. Bhaskar Naidu. 19ed .abo_u.t^{47 years,Occ:'Business,} Female, R/o 75/229, Kamala Naga;, Ananthapur-515001, Andhra pradesh

¶19

Puletipalli Nizam, S/o Puletipally^yerriswamv. Aged about +9 years, l,tate. Occ: Business, R/o 2g-3- 191. Thara kanath Colony, Anantapur, Andhra Pradesh-515001

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Gon ugu ntla Kulasekhar Naidu. S/o G. Venkata Naidu, Aged about 46 years, Male. Occ:Business, R/02-1, Main Road, Malyavantham, Bathalapalli Mandalam, Anantapur, Andh ra pradesh_515661

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N. Pushpalatha W/o P. Damodara prasad. Aged about 55 years, Female. Occ:Business, R/ o 3-6-497, Flat No 304, Saikrupa Apartments, Himayath Nagar, Hydera bad, Tela n ga na - 500029.

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¶23

P. Sujatha

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Wo^P. Nagaraju, Aged about 54 years, Female, Occ:Business, R/o 1l -512, Aravind Nagar, Narpala Villaqe, Near Shepherd School, Ananiapur, Andhra Pradesh-5 15001.

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Defendants.

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Counsel for the Applicant Defend a nts

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: Mrs. Trangaini^pisipati : exoa*e.7fugo

oA.zaal2023

ORDER

The Applicant^{Bank filed the present OA for the recovery of a} total sum of^{Rs.5,78,60,459.43psi'e' (Rs 49,02,448/-with} interest @12.10o/o^{p.a. from Defendant Nos lto 7 towards} loan A/c. No.560931000116414,^{Rs.11,48,168/-with interest} @12.10%^{p.a. fromDefendantNos. 1 to 7 towards loan A/c'} No.560931O0O 116430,^{Rs.2,58,16,958/- withinterest} @13.35o/o^{p.a. fromDefendant Nos. 1 and 2 towards loan A/c'} No.560931O0O 116244,^{Rs.27,63,651 36ps withinterest} @15.600/o^{p.a. from DefendantNos. 1, 2, and 6 towardsloan} Alc. No.560566000019603,^{Rs.17,41,533/- with interest} @12.100/o^{p.a. from DefendantNos. 1to 7 towards loan A/c'} with interest No.560931000116449,^Rs.L,79 ,83,767^{I -} @11.55o/o^{p.a. fromDefendantNos. 1 and 2 towardsloanA/c} interest No.560931000116406,^{Rs.29,61,030/- with} @12.10%pa^{from DefendantNos. 1 to 7 towards loan A/c} No.560931000116422,^{Rs.5,42,904.07ps)withinterest} @12.05o/o^{p.a. from Defendant No.1 with monthly rests} respectively from 25.01.2023^{till the date of realization along} with costs and sale of OA schedule^assets.

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Summons served on^{D1 to 3, 6 and 7, summons sent to D5} returned with endorsement^{unclaimed, hence deemed to be} served. Summons served on^D4 through^{paper publicationAll} the defendants were set ex-parte on^{04.10.2023 as they were} called absent and no representation.

W."e

oA,28812023

The Applicant Bank examined L. Lohith, Branch Manager as AW-1 and marked 85 documents through him as Ex. A,1to Ex. A.85.

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Heard learned counsel appearing for the applicant. 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 Defendants and OA schedule assets?

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As stated supra, defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A1 to A.85 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the respective Defendants 1 to 7 are jointly 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.2g812023 is allowed as under: -

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i) The Defendants L to 7 are joinfly and severally liable to pay to the Applicant Bank a total sum of Rs.5,78,60,459.43/- with future interest @l2o/o p.a. simple from the date of application till the date of realization as follows : - rft1*-*

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oA.28812023

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¶45

Defendants	Amount
D1toD7	Rs.49,02,448/- Rs.11,48,168/-
	Rs.17,41,533/- Rs.29,61,030/-
D1&D2	Rs.2,58,L6,958/-
	Rs.1,79,B3,7 67/-
D1,2&6	Rs.27,63,651.36ps
D1	Rs.5,42,904.07ps

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ii) the OA claim is secured by way of OA hypothecation/mortgage of assets described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same for recovery of its dues;

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

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iv) the applicant bank is entitled 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. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the L3tn day of Decembe r,20231.

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}Jrwg,r",qi) ," /./^-('t'- (R#(esnwAR KorHE) PRESIDING OFFICER

Union Bank of India v. Nutanapati Deepa

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Nutanapati Deepa

Case brief

What is this about?

What did the court decide?

What the court decided

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