Allowed

Union Bank of India v. Smt. Chennu Swapna

DRT26 May 2023OA/609/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal-II at Hyderabad dispensed with hearing the defendants in ex-parte proceedings. The court allowed the applicant bank's original application, holding the defendants jointly and severally liable to repay loan dues with interest and costs, and issued a recovery certificate against their person and mortgaged property.

What did the court decide?

Defendants held jointly and severally liable to pay Rs.61,23,807.17 with interest; OA claim secured by mortgage; recovery certificate issued; costs awarded.

Union Bank of India versus Smt. Chennu Swapna — Execution and Attachment | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 26th DAY OF MAY, 2023 PRESENT: SH. RAMESHWAR KoTHE, B.Com., L.LB. (Hons.), M.A. PRESIDING OFFICER

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Original Application No: 609 OF 2OZ2

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Union Bank of India Bowenpally Branch Represented by its M a nager Plot No.B, Krtshna Reddy Nagar Colony, New Bowenpally, Secu ndera ba d - 500 O 1 1.

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... ..Applica nt.

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Versus

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Smt.Chennu Swapna, W/o Chennu Venkata Hari Babu, Aged about 41 years,

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Occ: House wife, H. No.8-3-2341296, Laxmi Narsimha Nagar, Yousufguda, Hyderabad-50004S.

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Also at:

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H.No.a-3-27 /7 /26(Otd No.8-3-237 /t /2s) Lakshmi Narsimha Nagar, Yousufguda, Hyderabad-S00045.

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Sri.Chennu Venkata Hari Babu, Age 46 years, Occ: Business. H. No.8-3-234l296,

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Lakshmi Narsimha Nagar, Yousufguda, Hyderabad-500045.

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Also at:

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H.No.8-3-27 /7 /26(Old No.8-3-237 /7 /Zs) Lakshmi Narsimha Nagar, Yousufguda, Hyderabad-500045.

rilr*L/){r"'

... Defendant

oa.60912022

Counsel for the^APP|icant Defendants

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Ms. D. Sa ngeeta^{la iswal} Expa rte

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::^qLD-LB::

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The Applicant^{Bank filed the presentOA for the recovery from} the defendant^{jointly and severally atotal sum of} Rs.61,23,807.17ps^{i.e., a sum of Rs.49,20,75955ps in Loan} a sum of Account No.327406650003732^and Rs.72,03,047 .62PS in another^Loan Account No.32406170000054^{with future interest@ 8.05o/oand 9 '75o/o} respectively with^{monthly rests from 04.o8.2022till the date of} realisation along with^{costs, and in default, for sale of OA} schedule^proPerty.

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The Summon served on defendants^{through paper publication,} they were set exparte on^{10.02.2023 as called absentand no} representation.

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J. The Applicant Bank^{examined K.Rajalaxmi,ChiefManager, as} AW-1 and marked 21 documents^{throughher as Ex. A.1 to Ex'} A.27.

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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 propefty? ,^-. " //-'xt'"

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oA.5O9l2O22

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As stated supra, the Defendants remained ex-parte. The Evidence Affldavit coupled with the recitals in the documents viz., Exs. A.1 to A.21 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. Hence, I hold that the Defendants are joinfly 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.60912022 is allowed as under: -

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i) The Defendants are join y and severally liable to pay to the Applicant Bank a total sum of Rs.61,23,807.t7ps i.e., a sum of Rs.49,20,759.55ps in Loan Account No.327406650003732 and a sum of Rs.12,03,047.62ps in Loan Account No.32406170000054 with future interest @ 8.05o/o p.a 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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oA.60912022

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iv) the applicant^{bank is entitledfor the costs'}

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The Applicant^{Bank is directed to file Cost Memo within2 weeks} from the date^{of receipt of this Order'}

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Issue Recovery^{Certificateaccordingly'}

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Communicate^{a copy of this order to the parties concerned'} (Dictated to the steno,^{coriected, signedand pronounced by me in the open court on} this the 25ih^{day of MaY,2023).}

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PRESIDING OFFICER

Union Bank of India v. Smt. Chennu Swapna

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Smt. Chennu Swapna

Case brief

What is this about?

What did the court decide?

What the court decided

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