Allowed

Union Bank of India v. Heera Bai

DRT20 Jul 2023OA/455/2022

Case brief

AI extract

What is this about?

DTII at Hyderabad allowed a recovery full bank's original application for Rs.33,59,466/- plus interest and costs against defaulting defendants who remained ex-parte after obtaining mortgage charge over specified property. The Presiding Officer held defendants jointly and severally liable.

What did the court decide?

Directed defendants to pay Rs.33,59,460/- with interest, secured by mortgage property; allowed application for costs; issued recovery certificate.

Union Bank of India versus Heera Bai — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD

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DATED THIS THE 2oth DAY OF July 2023

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

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oA.NO.45s OF 2022

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Union Bank of India(Erstwhile Andhra Bank) S R Nagar Branch, Hyderabad-500038.

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...Appticant

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Versus

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l.Mrs.Heera Bai, W/o Sardar Ranjeet Singh, Age SOYears,Occ: Housewife #7-L-4O4lt, opp Old Gurudwara, Ameerpet, Hyderabad-50001G.

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Mr.Sardar Manjeet Singh,S/o Sardar Ranjeet Singh, Age 58 years,Occ: Business, H.No.7-1-404 / t, opp Old Gurudwara, Ameerpet, Hyderabad-500016.

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...Defendants

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Counsel for the Applicant : Mr.srinivasa Rao Chakrala Defendants : Exparte

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::Q_[[!_L::

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1, The Applicant Bank filed the present OA for the recovery of a total sum of Rs.33,59,466/- from the Defendants jointly and severally along with costs and for sale of OA schedule property.

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Defendants were served with summons. They were set exparte on L0.02.2023 as called absent and no representarion{M.Lt

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oa.(ss12022

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The Applicant Bank examined ch.Srinivasa^{Anjaneyulu,chief} Manager as AW-1 and marked 22 documents through^{him as Ex.} A.1 to Ex. A.22.

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Heard the Ld. Counsel for the Applicant^Bank and^perusedthe written arguments and 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 the OA schedule^propefty?

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As stated supra, the Defendants remained ex-parte. The Evidence AFfidavit coupled with the recitals in the documents viz., Exs. A.1 to A-22 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants 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 343 of 2021 is allowed as under: -

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i) DeFendants jointly and severally are liable to pay to the applicant bank an amount of Rs.33,59,460/- together with interest @8.500/o p.a. slmple from the date oF OA till realization;

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ii) the OA claim is secured by way of modgage oF property as described in the schedule annexed to the OA and the applicant bank is entiued to proceed against the same to realise its debt; %o

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oa.45s/2022

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applicant bank is entiued to proceed against the same to realise its debt;

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

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iv) the applicant bank is entiued 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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9, Issue Recovery Certificate accordingly.

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10, Communicate a copy of this order to the parties concerned. (otctated to the steno., transcrtbed by htm, cote""d, ;igil;;p.;n.u'Iir r" ,n ,nu open court on thisthe 2Od dayofJuly 2023),

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fu*

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(RATvIESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Heera Bai

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Heera Bai

Case brief

What is this about?

What did the court decide?

What the court decided

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