Allowed

Hdfc Bank v. P Veera Brahmaiah

DRT28 Aug 2023OA/538/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the Original Application filed by HDFC Bank Ltd. for recovery of Rs. 43,22,743.99 plus interest from the respondent. The court held the respondent liable and directed the issuance of a Recovery Certificate.

What did the court decide?

Directed respondent to pay Rs. 43,22,743.99 with future interest; authorized proceedings against person/properties for realization; granted costs.

Hdfc Bank versus P Veera Brahmaiah — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 28th DAY OFAUGUST,2023

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

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Original Application No: 538 OF 2022

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HDFC Bank Ltd., Branch office at 1- 10-60/3, 3'o Floor, Suryodaya Complex, Opp: Shoppers Stop, Begumpet, Secunderabad tyandal, Hyderabad District-500016, Telangana State. Rep. by its Manager Legal.

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...Applicant

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Versus

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P. Veera Brahmaiah S/o. Penugodla Gangadhar, Aged: 38^years, Occ: Setf Employed, D.No. 10-5-170, Ranga Street, Vurvakonda Ananthapur-51S001, Andhra^pradesh.

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Also at: P Veera Brahmaiah, S/o. Penugondla Gangadhar. Aged: 38 Years, Occ: Self Employed, Flat No. 101,^ptot No. 424 & 425, SVS Venkat^pearl Road 2/3, Mathrusri Nagar, Hyderabad-500049, Telangana State.

¶9

Also at: P Veera Brahmaiah, S/o. Penugondla Gangadhar, Aged: 38 Years. Occ: Self Employed, Tesla Diagonstics, Shop No. 2 & 3, Suaram tvtain Road, ./b4.$ a/ -.ra'

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oA.NO.S38/2022

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Opp: Narayana Hrudalaya Mallareddy, Hospital, Hyderabad-500055, Telangana State.

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,.. Defendant

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Counsel for the Applicant : M. V. Kini Defenda nts : Exparte

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:: qLLEB ::

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The Applicant Bank filed the present OA for the recovery of a total sum of Rs. 43,22,743.99ps as on LO.O6.2O22 from the defendant with future interest @ 24o/o p.a. with monthly rests from at 11.06.2022 till the date of realisation along with costs.

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Summons sent to sole defendant returned with endorsement "Refused", hence deemed to be served. The Defendant was set exparte on 29.77,2022 as called absent and no representation.

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3, The Applicant Bank examined prabhu Kumar S., Manager Legal, as AW-1 and marked I documents through her as Ex. A.1 to Ex. A.8.

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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 Defendant? /'#62w

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oA.NO.s38/2022

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As stated supra, the Defendant remained ex_parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.8 marked on behalf of the Appticant 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.

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In the result, the present Original Application No.538/2022 is allowed as under: -

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i) The Defendant liable to pay to the Applicant Bank a sum of Rs. 43,22,743.99ps with future interest @ 11.5olo p.a. simple from the date of application till the date of realization;

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ii) the applicant bank is entiHed to proceed against the person and properties of defendant for realization of its dues;

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iii) the applicant bank is entifled 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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q Issue Recovery Certificate accordingly.

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C^ommunicate a copy of this order to the parties concerned. lurdated to the steno, corrected, signed and pronounced by me in the opun aor.t on this the 28'day ofAugust,2O23).

¶30

PRESIDING OFFICER

Hdfc Bank v. P Veera Brahmaiah

Case brief

What is this about?

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Hdfc Bank v. P Veera Brahmaiah

Case brief

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