Allowed

State Bank of India v. Supriya Zafer

DRT21 Sept 2023OA/344/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an Original Application filed by a bank for recovery of dues totaling Rs. 34.65 lakhs from a defendant proprietor. The defendant remained ex-parte, and the court accepted the evidence and documents to establish liability.

What did the court decide?

Defendant liable to pay Rs. 34,65,840.00 with interest; OA claim secured by hypothecation; bank entitled to proceed against property and person; costs awarded.

State Bank of India versus Supriya Zafer — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS^{RECOVERYTRIBUNAL-II AT HYDERABAD} DATED THIS THE^{21StDAY OF SEPTEMBER,2023}

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PRESENT: SH. MMESHWAR^{KOTHE, B.Com., L.LB' (Hons ), M A}

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PRESIDING OFFICER

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Original Application^{No: 344 OF 2022}

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State Bank of India, SMEC, PatnY^Centre, Secunderabad. Rep. by its Chief^Manager.

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.....Applicant.

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Versus Smt. Supriya Zafer, Wo.^{lYohd Rafi Uddin Zafer,} Proprietrix M/s/. N4iraa^{BeautyStudio,} Aged: 42 Years, Occ:^Business, Having the concern^{situatedat 301,} Matru Chayya ComPlex, Moosrambagh,^{Dilshukhnagar,} Hyderabad-500036. Also at: #307, Canna Block, Garden^Towers, Masab Tank, P.O. Ahmed^Nagar, Hyderabad-500028. # D. No. 16-11-767176A,^Unit367, Matru Chayya Complex, 3'd Floor, Moosrambagh, Dilsukhnagar, Hyderabad-500036, Telangana^State. ... Defendant

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Counsel for the Applicant : Mr. Arun Kumar Satyavolu Defendants :Exparte $*rs

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oA.NO,34412022

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:: ORDER::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs. 34,6S,84O.OOps from the defendant *iti, frtu." interest @ 11.65010 p.a. with I apprication ti, the date o"t" ", ",^{."",,:,:t:':;;: J':I,::"}

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Summons served on sole defendant through paper publication. She was set exparte on 14.70.2022 as called absent and no representation.

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The Applicant Bank examined D 1 and marked 11 documents,lllliTii':lll';l:T. A.11.

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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 enti ed for the claim made in the Oe againtst the Defendant?

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As stated supra, the Defendant remained ex-parte. The Evidence Amdavit coupled with the recitals in the documents viz., Exs. A.1 to A.11 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 ,.r"V/ry_.;g

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oA.NO.34412022

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In the result, the present Original Applicatio n No.344/2O22 is allowed as under: -

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs. 34,65,840.00ps with future interest @ 11.65010 p.a. simple from the date of application till the date of realization;

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ii) the OA claim is secured by way of hypothecation of property described in the schedules annexed to OA applicant bank is entiUed proceed against the same to realise its debt;

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iii) the applicant bank is entiued to proceed against the person and properties of defendant for realization of its dues;

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iiD the applicant bank is entiHed for the costs.

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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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C^ommunicate a copy of this order to the parties concerned, l3l:j",-"1,,,?^jl. :::"r^{.orrede4sisned andpronouncedbyme in rhe op"n .or.ton} uls rne z1 oay or 5eptember, 2023) .

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Ow-* (RAI\4ESHWAR KOTHE) PRESIDING OFFICER

State Bank of India v. Supriya Zafer

Case brief

What is this about?

What did the court decide?

State Bank of India v. Supriya Zafer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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