Allowed

Hdfc Bank Ltd., v. Mrs.Padmavathi Kavati

DRT15 Sept 2023OA/576/2022

Case brief

AI extract

What is this about?

The DRT allowed the Applicant Bank's Original Application. The Defendant was deemed to have served absent. The court held the Defendant liable to pay Rs. 31,11,921.11 with future interest and costs, and authorised proceedings for realisation of dues.

What did the court decide?

Defendant liable to pay Rs. 31,11,921.11 with future interest at 11.99% p.a. from application date till realization; authority to proceed against person and properties for realisation; costs awarded.

Hdfc Bank Ltd., versus Mrs.Padmavathi Kavati — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 15th DAY OF SEPTEMBER, 2023

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PRESENT: SH. MMESHWAR KOTHE, B.com., L.LB.^(Hons.), M.A. PRESIDING OFFICER 4 eru4 Original Application No: ffi OF 2022

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HDFC Bank Ltd., Having its office at # 1-10-60/3, 3'd Floor, Suryodaya complex, Begumpet, Secunderabad Mandal, Hydera bad- 500016. Rep by its Manager-Legal .....Applicant.

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Versus

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Mrs. Padmavathi Kavati, Wo.^{K. Basavayya,Aged: 57 Years,} Occ: Doctor, R/o. H. No. 1-120/A, Flat No. 101, 4th Floor Lotus Viswa Savitrhri Apts, Street No. 3, Habsiguda, Hyderabad-500020.

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Also at: Mrs. Padmavathi Kavati, C/o. Sai Priyanka Dental Clinic, R/o. H. No.7-150/2, Nagendra Nagar, Habsigida Main Road, Hyderabad-500007.

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Also at: Mrs. Padmavathi Kavati, clo. #2-2o/3/B-s3, Sri Nivas Heights, Adarsha Nagar, Chilka Nagar Road, Uppal, Hyderabad-500039. ...Defendant

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Counsel for the Applicant : lvlr. M. Srinivas Reddy Defendants '.Expattey'/w:.p

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oA.NO.57612022

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:: ORDER::

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The Applicant Bank flled the present OA for the recovery a total sum of Rs.31,11,921.11ps from the defendant with future interest @ 18o/o p.a. with monthly rests from 13.06.2022 till the date of realisation along with costs and in default for sale.

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Summons sent to sole defendant returned with endorsement Refused, hence deemed to be served. They were set exparte on 09.12.2022 as called absent and no representation.

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The Applicant Bank examined lvl Meenakshi, Manager-Legal, as AW-1 and marked 9 documents through her, as Ex. A.1 to Ex.

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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?

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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.9 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Oefendant. Hence, I hold that the Defendant liable to pay the OA claim to the Applicant Bank with future int(,restand cosB.e)xib

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oA.NO.575l2O22

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In the result, the present Original Application No.576/2O22 is allowed as under: -

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i) The Defendant liable to pay to the Applicant Bank a sum of Rs.31,11,g21.11ps with future interest @ 11.99olo simple from the date of application till the date of realization;

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

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iii) the applicant bank is entitled^.for the costs.

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8' The Appricant Bank is directed to fire cost Memo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certiflcate accordingly.

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Communicate a copy of this order to the parties concerned. (Dictated ^o the steno, corrected, signed and pronorn.Ld by me in the open court on this the 15s day of September, 2023j .

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[A%,ta (M\IESHWAR KorHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mrs.Padmavathi Kavati

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mrs.Padmavathi Kavati

Case brief

What is this about?

What did the court decide?

What the court decided

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