Allowed

Union Bank of India v. Dirisala Pushpa Sowjanya

DRT4 Sept 2023OA/524/2022

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed Union Bank of India's Original Application for recovery of Rs. 24,83,055.70 with interest and costs against ex-parte defendants, holding them jointly and severally liable and directing issuance of Recovery Certificate.

What did the court decide?

The Defendants are jointly and severally liable to pay Rs. 24,83,055.70 with future interest @ 10.25% simple; OA claim secured by mortgage; Recovery Certificate issued.

Union Bank of India versus Dirisala Pushpa Sowjanya — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS^{RECOVERYTRIBUNAL-II AT HYDERABAD} DATED THIS THE^{4th DAY OF SEPTEMBER,2023}

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

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PRESIDING OFFICER

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Original Application^{No: 524 OF 2022}

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Union Bank of^India (e- Andhra Bank) S R Nagar Branch, SituatedatSRNagar, Hydera bad- 5020³⁸ Rep by its Assistant^{General Manager.}

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.....Applicant.

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Versus

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M/s Dirisala^{PushaPaSowjanya,} D/o. Subba Rao,^{Aged: 31 Years,} # 16-3-211657, Plot^{No. 657, Block-3,} Sy No. 145, Bhagathsingh^Nagar, Near Vasanth Nagar^{Bus StoP,} KPHB ColonY, KukatPallY, Hyderabad-500072.

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Mrs. Dirisala Uma^Maheswari, W/o. Subba Rao, Aged:^{56 Years,} # l6-3-2U657 , Plot No.^{657, Block-3,}

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Sy No. 145, Bhagathsingh^Nagar, Near Vasanth Nagar^{Bus StoP,} KPHB colony, Kukatpally,^{Hyderabad-500072}

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Mr. Dirisala Subba^Rao, S/o. Veeraiah, Aged: 60^Years, * 16-3-211657, Plot No. 657,^Block-3, Sy No. 145, Bhagathsingh^Nagar, Near Vasanth Nagar Bus StoP, KPHB Colony, KukatpallY, Hyderabad-500072.

. ..Defendants

(-!3

oA.NO.52412022

Counsel for the Applicant Defendants

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Mr. Srinivasa Rao Chakrala

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Exparte

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:: ORDER:;

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The Applicant Bank filed the present OA for the recovery from the defendants joinuy and severally a sum of Rs. 24,83,055.70ps as on 01.07.2022 including interest at contractual rate @ 1o.25olo p.a. up to Ot.O7.2022 and future interest @ 10.25olo till the date of realization along with costs and in default for sale of OA schedule property.

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The defendants 1 to 3 were set exparte on 05.04.2023 as called absent and no representation.

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The Applicant Bank examined C Srinivas, Chief Manager, as

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AW-1 and marked 23 documents through him as Ex. A.1 to Ex. 4.23.

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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 entitled for the claim made in the OA against the Defendants and OA schedule property?

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oA.NO.s24l2022

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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.23 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. 524/2022 is allowed as under: -

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i) The Defendants are jointly and severally liable to pay to the Applicant Bank a sum of Rs. 24,83,055.70ps with future interest @ 10.25olo simple from the date of application till the date of realization;

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

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

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iv) the applicant bank is entitled for the costs. 7'fit9""' ./'wn"'

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oA.NO.524/2022

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The Applicant Bank is directed to file Cost tvlemo 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 coun on this the 4rh day of September, 2023 ) .

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(RAIV]ESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Dirisala Pushpa Sowjanya

Case brief

What is this about?

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Union Bank of India v. Dirisala Pushpa Sowjanya

Case brief

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