Partly allowed

Hdfc Bank v. Gundepanga Bixam

DRT30 Aug 2023OA/64/2023

Case brief

AI extract

What is this about?

Dr. Raiteswar Kothé presided over an original application filed by HDFC Bank Ltd. against two defendants for the recovery of a loan amount. Being an ex-parte order due to the absence of the defendants, the court relied on marked documents (Ex. A.1 to A.10) and an evidence affidavit to establish the bank's claim. The court held the defendants jointly and severally liable and allowed the application.

What did the court decide?

The defendants are directed to pay Rs. 22,17,651.55 with future interest and costs. The OA claim is secured by hypothecation of the vehicle, and the bank is entitled to proceed against the same and the defendants' properties for realization.

Hdfc Bank versus Gundepanga Bixam — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 30th DAY OF AUGU ST , 2023 PRESENT: SH. RAIT4ESHWAR KOTHE, B.Com., L.LB. (Hons.). M.A. PRESIDING OFFICER

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Original Application No: 64 OF 2023

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HDFC Bank Ltd., Branch office at 1-10-60/3, 3.d Floor, Suryodaya compex, Opp: Shoppers Stop, Begumpet/ Secunderabad Mandal Secunderabad District-5OOO1G_ Telangana State. Rep by its Legal Manager.

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.....Applicant.

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Versus

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Mr. Gundepanga Bixam, S/o. Gundepanga Galaih, Aged: 40^years, Occ; Business, #. 1-40, Vailapally, Narayanapur, Miryalaguda, Tela ngana_ 508253.

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Mrs. Gundepanga Buchamma, W/o. Narasimha Damera, Aged;_30^years, Occ: House Wife, #. 1-40, Vailapally, Narayanapur, Miryalaguda, Telangana_508253

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...Defendants

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Counsel for the Applicant M. V. KINI Defendants

Exparte

Ow"

oa.No .64/2023

:: ORDER::

The Applicant Bank filed the present OA for the recovery from the defendants joinuy and severa y a sum of Rs. 22,77,6St.SSps with future inte xest @ 24olo p'a' with monthly

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rests from date of apprication with costs, and in defautt, r". rr,]^j[;H J";:HH, ::*

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Summons served on D1 and 2. They were set exparte on 73.O3.2023 as called absent and no representation.

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The Applicant Bank examined Velamuri, Venkata pavan Kumar, Legal Manager, as AW_1 and n rarked 10 documents through

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him as Ex. A.1 to Ex. A.10.

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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 enti ed for the claim made in the OA against the Defendants and hypothecated vehicle?

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oa.No,64/2023

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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.10 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.6412023 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. 22,17,651.55ps with future interest @ 11olo 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 hypothecation of vehicle 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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ii) the applicant bank is also entiued 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. (/ 7W*'"'''

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oA.NO.54l2023

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The Applicant Bank^{is directedto flle Cost Memowithin 2 weeks} from the date of^{receipt of this Order.}

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q 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 mein theopen courton} this the 3os day^{of August, 2023).}

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//w* (dATVfESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Gundepanga Bixam

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Gundepanga Bixam

Case brief

What is this about?

What did the court decide?

What the court decided

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