Allowed

Hdfc Bank Ltd., v. Mirza Najeed Ahmad

DRT24 Nov 2023OA/51/2023

Case brief

AI extract

What is this about?

In an Original Application filed by H.D.F.C. Bank Ltd for recovery of Rs. 28,49,677.16 with interest and costs, the Debts Recovery Tribunal dismissed the defendant's absence. Relying on evidence documents and an ex-parte order, the tribunal held the defendant liable and allowed the application with security and recovery directions.

What did the court decide?

Defendant directed to pay Rs. 28,49,677.16 with future interest; OA secured by hypothecation; applicant entitled to proceed against defendant's person and property; costs awarded.

Hdfc Bank Ltd., versus Mirza Najeed Ahmad — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 24th DAY OF NOVEMBER, 2023

¶2

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

¶3

ORIGINAL APPLICATION NO. 51 OF 2023

¶4

H.D.F.C. Bank Ltd H.No. 1-10-60/3, 3'd Floor, Suryodaya Complex, Opp. Shoppers Stop, Begumpet, Hyderabad-500016 Represented by its Manager-Legal ....Applicant.

¶5

Versus

¶6

I'4IRZA NAJEEB AHMED S/o. MIRZA FASI AHMED

¶7

Age:39^years; Occ: Private Service H NO 2-4-3431119/C, KACHIGUDA, HYDERABAD, TELANGANA.5OOO2T

¶8

Also at:

¶9

MIRZA NAJEEB AHMED S/o. MIRZA FASI AHMED Age:39 years; Occ: Private Service C/o. M N FABRICANON AND^ENTERPRISES H NO 2-4-3411117lC, NEHRU NAGAR CIRCLE^23, AM BERPET-KACHIGUDA, HYDERABAD, TELANGANA-5OOO27

¶10

Also at:

¶11

MIRZA NAJEEB AHMED S/O. MIRZA FASI AHMED Age:39^years; Occ: Private Service N^{o.t2-8-424,MODIS COMPOUNDS,} METTUGUDA, HYDERABAD, TELANGANA-500017 ...Defendant.

¶12

Counsel for the Applicant :^{Mr. N Sudarshan.} Defendants I Ex?afte. /4l,tY>./'.L, U/^{r*

¶13

2 oA.NO.s1l2023

¶14

OB.2.LR

¶15

The Applicant Bank filed the present OA for the recovery of a sum of Rs.28,49,677. 16/- from the defendant with interest @ 13.260/o p.a. compounded with monthly rests from the date of Application till the date of realisation along with costs.

¶16

Summons served on sole defendant through paper publication. He was set ex-parte on 26.06.2023 as called absent and no representation.

¶17

The Applicant Bank examined Smt. M. Meenakshi, Manager-

¶18

legal as AW-1 and marked 7 documents through him as Ex. A.1

¶19

to Ex. A.7.

¶20

Ld. Counsel for the Applicant Bank reported orders may be passed on merits. perused the material placed on record.

¶21

The point that arises for consideration is:_

¶22

Whether the Applicant Bank is entitled for the claim made in the OA against the Defendant?

¶23

As stated supra, the Defendant remained ex_parte, The Evidence Affidavit coupled with the recitals in the documents viz., Exs. 41 to A.7 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 costs.zd*,, ^ /'.<o,..nv

¶24

3 oA.NO.51/2023

¶25

In the result, the present Original Application No.51/2023 allowed as under: -

¶26

i) The defendant is liable to pay to the Applicant Bank a sum of Rs. 28,49,677.16/with future interest @13.260lo p.a. simple from the date of application till the date of realization;

¶27

iii) the OA claim is secured by way of hypothecation of property described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same for recovery of its balance dues;

¶28

iv) the applicant bank is also entitled to proceed against the person and property of the defendant for realization of its balance dues;

¶29

v) the applicant bank is entitled for the costs.

¶30

B. The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶31

Issue Recovery Certificate accordingly.

¶32

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 24th day of November, 2023).

¶33

(RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mirza Najeed Ahmad

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mirza Najeed Ahmad

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Imbichikoya P K versus South Indian Bank

Bank of Baroda versus M/s Rongpi Tea Plantation

Hdfc Bank Ltd., versus T.Nagaraju

Ms E Smart Card Solution Pvt. Ltd. versus Punjab National Bank

Union Bank of India versus M/s Panuganti Tejaswi

Union Bank of India versus Mithra Coutures