Allowed

Hdfc Bank Ltd. v. M/S. Murad Fuel Station

DRT31 Mar 2023OA/72/2022

Case brief

AI extract

What is this about?

The Tribunal adjudicated an application by HDFC Bank Ltd. for recovery of dues totaling approximately Rs. 44.25 lakhs against three defendants. The defendants remained absent. The Tribunal held the evidence adequate and directed the defendants to pay the sum with interest and costs. A recovery certificate was issued.

What did the court decide?

Defendants held jointly and severally liable to pay Rs. 44,25,072.35 with interest and costs; recovery certificate issued.

Hdfc Bank Ltd. versus M/S. Murad Fuel Station — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY^{TRIBUNAL-II AT HYDERABAD} DATED THIS THE 31ST^{DAYOF MARCH,2023}

¶2

PRESENT: SH. RAMESHWAR^{KOTHE,B.COM, L.LB. (HONS.), M.A.} PRESIDING OFFICER

¶3

oA. NO. 72 0F 2022

¶4

HDFC Bank Ltd. Office at:1-10-60/3, 3'd^{Floor (3A)} Su ryodaya Complex Beg um^pet Hyderabad - 500 016. Rep. by its Manager- Legal.

¶5

... .Applicant.

¶6

Versus

¶7

M/s. Murad Fuel Station Rep. by its Proprietor lvlr. Mir Mohammed Mukrramali R/o H.No. 18/2/26/l/A Survey No.222, Kandikal^Village Band laguda, Near Uppuguda^FlYover Hyderabad, Telangana - 500 053.

¶8

Mr.l4ir Mohammed lvlukrra^mali S/o lvlir Mohammed Iqbal^Ali R/o H. No. t9-2-27 /A/27 Phool Bhag, charmlnar Falaknuma, Near Ja hanuma Hyderabad, Telangana - 500 053.

¶9

l,lrs./Ms. Mahmood Banu D/W/o l"lohammed laffar Ali Khan R/o H. No. 79-2-27 /A127 Phool Bhag, Charminar Falaknu ma, Nea r Ja ha numa ..... Defendants. Hyderabad, Telangana-soo 053. Counsel for the Applicant : Mr. Srihari Bathina. Counsel for Defendants : Exoarte.M

oa.7212022

:: ORDER ::

The Applicant Bank filed the present OA for the recovery of a total sum of Rs.44,25,072.35^ps, i.e., Rs.14,61,609.39^ps towards loan account No.83447130, Rs.19,70,061.96^ps towards loan account No. 83727378 and Rs.9,93,401/- towards loan account No.8305241 from the Defendants join y and severally with future interest @9.94olo, 70.22o/o and 8.25o/o p.a. respectively along with 2o/o p.m. on unpaid E|YI from the date of Application till the date of realisation along with costs and sale of OA schedule assets.

¶14

The summons were served on defendants. They were set exparte on 08,08.2022 as called absent and no representation.

¶15

The Applicant Bank examlned V.V. Pavan Kumar, IvlanagerLegal, as AW- 1 and marked 6 documents through him as Ex. A.1 to Ex. 4.6.

¶16

Heard the Ld. Counsel for the Applicant Bank. Perused the material placed on record.

¶17

The point that arises for consideration is:-

¶18

Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA schedule assets as^prayed for?

¶19

As stated supra, the defendants remained exparte. Under these circumstances, the Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.6 marked on behalfofthe Applicant Bank^proves the claim of the Applicant Bank against

¶20

oA.T2lZOZZ

¶21

the Defendants. Hence, I hold that the Defendants are jointly and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶22

In the result, the present CA.7212022 is allowed as under: -

¶23

i) the Defendants are^jointly and severally liable to pay a total sum of Rs.44,25,O72.35 Ps, i.e., Rs.14,61,609.39 Ps towards loan account No.83447130, Rs.19,70,061.96 Ps towards loan account No. 83727378 and Rs.9,93,40L/- towards loan account No.8305241 to the Applicant Bank with future interest @ 8.25olo p.a. simple from the date of application till the date of realization;

¶24

ii) the OA claim is secured by way of hypothecation of assets described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same for realisation of its debt;

¶25

iii) the applicant bank is also entitled to proceed against the person and^properties of defendants for realization of its dues; and

¶26

iv) the applicant bank is entitled for the costs.

¶27

B. The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶28

Issue Recovery Certificate accordingly.

¶29

Communicate a copy of this order to the parties concerned, (Dictated to the steno, corrected, signed and pronounced by me-iDthe open court on thlsthe3l'r dayof March,2023).

¶30

//WP (RAI(ESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. M/S. Murad Fuel Station

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. M/S. Murad Fuel Station

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Punjab National Bank versus M/s Astha Mini Rice Mill and others

Idbi Bank versus Md. Firdos Alam Ansari and Others

State Bank of India versus M/S. Shanthi Polymers

Union Bank of India versus M/S Durga and Sons

State Bank of India versus Nagini

Canara Bank versus Madiwalappa M Kambar