Allowed

Union Bank of India (e-Andhra Bank) v. Bodla Praveen Kumar

DRT21 Jul 2023OA/519/2022

Case brief

AI extract

What is this about?

The applicant bank filed an original application for recovery of a debt amounting to Rs. 24,56,805.11 with interest against two respondents. The respondents remained ex-parte. The adjudicator held the respondents jointly and severally liable and allowed the application.

What did the court decide?

Sum of Rs. 24,56,805.11 with future interest at 8.50% p.a.; entitlement to proceed against mortgaged property and respondent's assets; costs awarded.

Union Bank of India (e-Andhra Bank) versus Bodla Praveen Kumar — Banking and Recovery | DRT (2023)

¶1

¶2

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 21th DAY OF JulY 2023

¶3

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

¶4

oA.NO.519 0F 2022

¶5

Union Bank of India(Erstwhile Andhra Bank) S R Nagar Branch, Hyderabad-500038. Represented by its Assistant General I\4anager.

¶6

...Applicant

¶7

Versus

¶8

l.Mr.Bodla Praveen Kumar S/o Veeraiah, Age s4Years. #7-9-640-2, Vidyanagar,Near Masjid, Hyderabad-500044.

¶9

Mrs.Bodla Jyothi@Na9a lyothi W/o Praveen Kumar, Age 47^y ears, # 7 -9 - 640-2, Vidyanagar,Near Masjid, Hyderabad-500044.

¶10

Also at

¶11

1.Mr. Bodla Praveen Kumar S/o Veeraiah Age 54Years, #9- 11l/g.Anjaneya nagar Colony, Boduppal, Medchal -Malkajgiri District-500039.

¶12

Mrs. Bodla Jyothi@Naga Jyothi A9e 47 years, #9- 111/9,Anja neyanagar Cotony Boduppal, Medchal -Malkajgiri District-sooo3g ...Defendants

¶13

Counsel for the Applicant : Mr.Srinivasa Rao Chakrala Defendants : Exparte fi$.r,

¶14

oa.51912022

¶15

::^qLLE.B-::

¶16

The Applicant Bank filed the^present OA for the^recoveryof a^total sum of Rs.24,56,805.11ps from the Defendants^jointly and severally with future interest @8.50o/o p.a. with monthly rests from 07.06.2022 till the date of realization along^{with costsand for sale} of OA schedule^property.

¶17

summons sent to D1 & D2 returned as^{refused hence, deemed to} be served . They were set exparte on 7L.77.2O22 as called^absent and no representation.

¶18

The Applicant Bank examined Mrs.Swetha^{Muppidi, Senior Manager} as AW-1 and marked 17 documents through her as Ex. A.1 to Ex. A.t7 .

¶19

Heard the Ld. Counsel for the Applicant^Bank and^{perused the} written arguments and material^placed on record,

¶20

The^point that arises for consideration^is:-

¶21

whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and the OA schedule^propefty?

¶22

As stated supra, the DeFendants remained ex-parte.^{The Evidence} Affidavit coupled with the recitals in the documents viz., Exs.^{A.1 to} A-17 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 Appticant Bank with future interest and cos$/4yr',,} ,^{-Lrn* -}

¶23

oA.5t912022

¶24

In the result, the present Original Application No 519 of 2022 is allowed as under: -

¶25

i) The defendants are jointly and severally liable to pay to the applicant bank a sum of Rs.24,56,805.11ps with future interest @8.50o/o p.a. simple from the date of OA till the date of realization.

¶26

ii) the OA claim is secured by way of mortgage of property as described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debt;

¶27

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

¶28

iv) the applicant bank is entitled for the costs.

¶29

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

¶30

Issue Recovery Certificate accordingly.

¶31

Communicate a copy of this order to the parties concerned. (Dictated to the steno,, transcribed by him, corrected, signed and pronounced by me in the open court on this the 21h day of July 2023) .

¶32

/dw*

¶33

(RMESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India (e-Andhra Bank) v. Bodla Praveen Kumar

Case brief

What is this about?

What did the court decide?

Union Bank of India (e-Andhra Bank) v. Bodla Praveen Kumar

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

Uco Bank versus Messers Ishita Communication

Bank of Baroda versus Chitrakshar Printing and Packaging Pvt. Ltd.

Bank of India versus M/s Mohan Int Udyog and Others

Punjab National Bank versus Shri Govind Ji Gupta

Canara Bank versus M/S Gajanan Flour Mill

Canara Bank versus Satinderjit Singh