Allowed

Union Bank of India v. Sri Hari Kishan Achhpaliya

DRT8 Sept 2023OA/339/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the applicant bank's observation application against the defendant for recovery of outstanding credit card dues totaling Rs.22,33,562.23 with interest, dismissing the defendant's absence.

What did the court decide?

Defendant liable to pay Rs.22,33,562.23 with interest; recovery certificate issued.

Union Bank of India versus Sri Hari Kishan Achhpaliya — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 8TH DAY OF SEPTEMBER'2023

¶2

PRESENT: SRI GUMMADI GOPICHAND, PRESIDING oFFICER

¶3

OA.No.339 of 2022

¶4

Between:

¶5

Union Bank of India, (E/w Andhra Bank merged in UBI) Credit card division, Koti, Hyderabad. Telangana State. Represented by its Manager

¶6

Applicant

¶7

VERSUS

¶8

Sri Hari kishan Achhpaliya, s/o Sri Prakash T.A., Male, aged about 45 years, occ: executive director in MNM Marketing Private Limited, R/o H.No.54-20-3-15A, Gu ru nana k colony, Vijayawada - 520 008, A.P.

¶9

Defe nd a nt

¶10

Counsel for the Pa rties:

For the Applicant

For the Defendant

Sri S. Mujib Kumar

Expa rte

..-, 1-: --: __ '. :^{.,,:'i r +i,} -:.1.t,.. - i. ,- .r'. ..r '', ;. ,... .]>,. ,t i i.1 i.... ORDER f *,i\ .,r^{r [ +^[tRJJli."f,g.ljn fited the present oA asainstDefendantror recovery} 'i+ : +j ,';' ...;;;."i',,.-o-f a total suiriltif Rs.22,33,s62.23ps (Rupees Twenty Two Lakhs .;.1; .-. '.r,-r . ,. ., . , -'., '-. ... 'i'- 1::-.. i'r.,.- - .. '.1.. ;:;-., . .. ,. - ..;;.^'. .-:-

¶16

(oA. No.339/2022)

¶17

Thirty three thousand Five hundred Sixty Two and paise Twenty three only) with interest @ 2.95% p.m with monthly rests from L4.10.2022 till the date of realization.

¶18

As per the averments in the application, the Applicant Bank states that the defendant availed Visa Credit Card No.4373 7B2O 3073 1OOB and the credit card was renewed from time to time. The defendant started utilizing the credit card from 10.02.2012. The defendant acknowledged the debt to Applicant bank by making his last payment of Rs.36,660/on 15.10.2019. The Applicant bank claims unapplied service charges, service tax and interest from 01.10,2022 to 13.10.2022 totalling a sum of Rs.27,810/-. After 15.10.2019 the defendant did not make any payment as such the suit debt remained unpaid and committed willful default in payment of dues. Inspite of several requests and demands, the defendant did not clear the outstanding sum of Rs.22,33,562,23ps. Hence this OA.

¶19

Defendant was called absent and set exparte on 27.03.2023.

himself as AW.1 and

as Ex.A.1 to A.4.

(oA.No.339/2022)

Heard the Ld. Counsel for the Applicant Bank.

¶25

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

¶26

The defendant was called absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.Al to A.4. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendant and hence the Applicant Bank is entitled to recover the claim made in the OA with future interest and costs.

¶27

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

¶28

The Defendant is liable to pay to the Applicant Bank a total sum of Rs.22,33,562.23ps (Rupees Twenty Two Lakhs Thirty three thousand Five hundred Sixty Two and^paise Twenty three only) with interest @ 2.950/o p.m from 74.10.2022 till the date of realization; t+- " *,^*oil::r'o'h: :1't 5 . iif ,A \

¶29

:^{o s} srp zoa ;ii $. rd"

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(oA.No.339/2022)

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the Applicant Bank is also entitled to proceed against the person and properties of defendant towards realization of the debt due.

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The Applicant Bank is entitled to the costs of the OA.

¶33

The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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Issue Recovery certificate accordingly.

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Communicate a copy of the order to the parties concerned.

¶36

(Dictated to the P.A-, transcribed by her, corrected, signed and pronounced by me in the open court on this the 8th day of Sept, 2023)

sd/-

(G. GOPTCHAND)

PRESIDING OFFICER

8s stPila

-f iRUE COPY

*r'ffi,,h'

Union Bank of India v. Sri Hari Kishan Achhpaliya

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Sri Hari Kishan Achhpaliya

Case brief

What is this about?

What did the court decide?

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Parties & counsel

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