Allowed

Hdfc Bank Ltd., v. Abhishek Enterprises

DRT18 Oct 2023OA/552/2022

Case brief

AI extract

What is this about?

DTAT allowed an OA filed by HDFC Bank regarding recovery of dues from abhishek enterprises mahadev rash and manju taparia defendant alleged jointly and several liable for future interest from date of application

What did the court decide?

directed to pay rupees 694936 with future interest from date of application till realization of dues

Hdfc Bank Ltd., versus Abhishek Enterprises — DRT (2023) — LawSathi Research

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(

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 18th DAy oF ocToBER, 2023 PRESENT; SH. MMESHWAR KOTHE, B.Com., L.LB. (Hons.). M.A. PRESIOING OFFICER

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Original Application No: S52 OF 2022

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HDFC Bank Ltd., H. No. 1-10-60/3, 3'o Floor, Suryodaya ComDlex_ Opp. Shoppers Stop, Begumpet, Hyderabad-50001G. Rep. by its Manager Legal.

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.....Applicant.

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Versus

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Abhishek Enterprises Rep. by its^proDrietor lst Floor,^plot No. 411 and 412, Sy .No. L27/L, Sai Krupa Market, Malakpet, Hyderabad_bOOO36.

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Mahadev Rathi, S/o. Shri Brumohan Rathi, Aged: 35years, Occ: Business, 1",Floor,^p.No. 4IL and 412, Sy .No. L27/7, Sai Krupa Market, Malakpet, Hyderabad_500036.

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Manju Taparia, W/o. Shiv Shankar Taparia, Aged: 47^years, Occ; Business, 5-9-46/ I , 2nd Ftoot ,

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Sri Sai eueen Stone palance, Basheerbagh, Hyderabad_5OOOO1.

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Also at:

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Manju Taparia W/o. Shiv Shankar Taoaria. 0Y."

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oA.NO.5s2l2021

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Aged; 47 Years,^{Occ: Business,} 1"t Floor, P^{No. 411& 412,} Sv No. 12711,^{S-ai KruPa Market Malakpet,} ...Defendants nyderabad-5005e.

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: Louts Law^Associate.S' Counsel for^{the APPlicant} Defendants : Exparte

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:: [LP-!-B^::

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The Applicant^{Bank filed the presentOA for the recovery a total} sum of Rs. 69,49,36?-^{from the defendantsjointly and} severally with^{future interestthereon @ t6 '25o/o p'a'} compounded^{with monthlyrests from the date of applicationtill} the date of realization^{along with costs'}

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Summons served^{on D1 to 3 through paper publication' The} defendants were^{set exparte on 13'01.2023as calledabsent} and no representation.

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The Applicant Bank^{examined M. Meenakshi, Manager Legal,as} AW-1 and marked^{6 documentsthrough h&fasEx. A'1 to Ex'} A.6.

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Ld. Counsel for the^{AppticantBank reportedorders may be} passed on merits. 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, flW.O

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oA.NO.552/2021

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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.6 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinuy and sev€rally 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.552/2021 is allowed as under: -

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i) The Defendants are joinuy and severally liable to pay to the Applicant Bank a sum of Rs. 69,49,36+ from the defendants joinuy and severally with future interest @ 16.250/o.2: simple from the date of application till the date of realization;

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

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iii) the applicant bank is entiued for the costs.

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The Applicant Bank is directed to file Cost l.4emo 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 court on this the 18s day of October, 2023) .

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Ow* (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Abhishek Enterprises

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Abhishek Enterprises

Case brief

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