Allowed

Hdfc Bank v. Ajay Kumar Ganga

DRT21 Apr 2023OA/400/2022

Case brief

AI extract

What is this about?

A DT II in Hyderabad allowed an Original Application filed by H DFC Bank Ltd. for recovery of Rs. 34.49 lakhs plus future interest and costs against the Defendant, who remained ex-parte. The Court held the evidence clinched the claim and issued a recovery certificate.

What did the court decide?

The respondent is liable to pay the applicant a sum of Rs. 34,49,815/- with interest and costs; the applicant is allowed to proceed against the respondent's property and a recovery certificate is issu

Hdfc Bank versus Ajay Kumar Ganga — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDEMBAD DATED THIS THE 21ST DAY OF APRIL, 2023

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

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oA. NO.400 0F 2022

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H DFC Bank Ltd. H. No. 1-10-60/3,3.d Floor Suryodaya Complex Opp; Shoppers Stop Begumpet, Hyderabad-5OO 016 Rep. by its Manager-Legal. ....Applicant.

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Versus

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Ajay Kumar Ganga S/o Ganga Sud harshan Aged : 36 years, Occ: Business Flat No.104,^paradise 52 53 Sai Sagar Enclave, RTC Colony Tirumalag iri, Ma novikasnaga r Hyderabad, Tela nga na - 500009.

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Also at:

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Ajay Kumar Ganga S/o Ganga Sudharshan

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Aged : 36 years, Occ: Business C/o Akshitha Garments

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H. No. 2-22-tlI47/13

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Plot No.141, Shop No. 4 Yashoda Apartments Bhagya Nagar Colony Kukatpally, Hyderabad Telangana - 500 072.

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.....Defendant.

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Counsel for the Applicant : M/s. Lotus Law Associates, Through Mr. N. Sudarshan. Defendant :Exparre.(Ni-\

oA.4OOl2022

:: ORDER^::

The^{Appllcant Bank filed the presentOA for the recovery of a} sum of^{Rs.34,49,815/- from the Defendant with future interest} @160lo^{p a compoundedwith monthly rests from the dateof} the npptication^{till the date of realisation alongwithcosts'}

¶18

The defendant^{served with summons The Defendantwas set} exparte^{on 16.09} '2022^{as called absentand no representation'} The Applicant^{Bank examinedPrabhuKumar' Manager-Legalas} AW-1^{and marked 7 documents throughhim as Ex' A 1to Ex} A.7 .

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Heard the^{Ld. Counselfor the Applicant Bank and perused the} material Placed^{on record'}

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The^{point that arises for considerationis:-}

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whether^{the ApplicantBank is entitled} for the^{claim madein the OA against} the^Defendant?

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As^{stated supra, the Defendant remained ex-parte' The} Evidence^{Affidavitcoupledwith the recitalsin the documents} viz.,^{Exs. A.1 to A 7 marked on behalf of the ApplicantBank} clinchestheclaimoftheApplicantBankagainsttheDefendant. Hence, I^{hold that the Defendant is liable to pay to the} Applicant^{Bank the claim made in the OA with future interest} and costs.

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In the result,^the Present Original^{Application No'400/2022is} allowed^{as under: -} No

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oA.4OO{2O22

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i) the Defendant is liable to pay to the Applicant Bank a sum of Rs.34,49,815/- with interest @L2o/o p.a. simple from the date of application till the date of realization;

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ii) the Applicant Bank is also entiUed to proceed against the person and properties of defendant for realization of its dues; and

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iii) 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 21't day of April, 2023) .

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dW*" (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Ajay Kumar Ganga

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Ajay Kumar Ganga

Case brief

What is this about?

What did the court decide?

What the court decided

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