Allowed

Hdfc Bank Ltd., v. Nunsavath Sreelakshmi

DRT20 Oct 2023OA/855/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal, Hyderabad, allowed an Original Application filed by HDFC Bank for the recovery of Rs. 23.75 lakh with future interest against the Respondent. The Respondent, appearing ex-parte, was held liable based on the bank's evidence supporting the loan account claim.

What did the court decide?

Award of Rs. 23,75,423.13 with future interest @10.75% p.a. and costs; permission to proceed against respondent's person and properties.

Hdfc Bank Ltd., versus Nunsavath Sreelakshmi — Contract and Commercial Disputes | DRT (2023)

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IN THE DEBTS^{RECOVERYTRIBUNAL.IIAT HYDERABAD} DATED THIS THE^{2oth DAY OF OCTOBER,2023}

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PRESENT: SH.^{RAMESHWARKoTHE,B Com., L LB (Hons), M'A'} PRESIDING OFFICER

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Original Application^{No: 855 OF 2022}

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HDFC Bank^Ltd., H.No. 1-10-60/3,^{3d Floor,} Suryodaya ComPlex,^BegumPet, Hyderabad - 500016, .....Applicant Rep. by its lvla nager-^{Lega l.}

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VERSUS

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Nunsavath Sreelakshmi, D/o. RuPla Naick Dhiravathu Aged: 38 Years; Occ:^{Private Service,} P No. 53 H. No.2-17-7612147^{7't Floot,} Raghavendra Nagar UPPal, Hyderabad, Telangana-⁵⁰⁰⁰³⁹ Also at: Nunsavath Sreelakshmi D/o RuPla Naick Dhiravathu Aged: 38 Years; Occ:^{Private Service,} C/o. Sai Learners Valley^Education Private Ltd. H. No 96 Gandhinagar^{Road, SBH Officers} Colony, Hyderabad Telangana-500080, Also at: Nunsavath Sreelakshmi, D/o Rupla Naick Dhiravathu, Aged: 38 Years; occ: Private Service, OW-

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OA No.855/2022

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H.No. 8-43lB/1 Srinivasa Colony, Uppal, Hyderabad, Tetangana -500039.

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Counsel forthe Applicant : Mr. N. SUDARSHAN Counsel for the Defendant : Ex-parte

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ORDER

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The Applicant Bank filed the present OA for the recovery of a total sum of Rs.23,75,423.13ps with future interest @10.75olo p.a. with monthly rests from the date of application till the date of realization along with costs.

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They were set exparte on 16.01.2023 as called absent and no representation.

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The Applicant Bank examined M Meenakshi, Manager-Legal as AW-l and marked 5 documents through him as Ex. A.1 to Ex. A(

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Ld. Counsel for the Applicant Bank reported orders 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 enti ed for the claim made in the OA against the Defendant?

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oA I{o.855/2022

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As stated supra, the Defendant remained ex-parte. The Eyidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.5 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. Hence, I hold that the Defendant is 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.855/2022 is allowed as under: -

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs. 23,75,423.13ps against the defendant with further interest @10.75olo^p.a. simple and charges from the date of OA to till the date of realization;

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ii) the applicant bank is also 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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The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certifi cate 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 coun on this the 2On day of October,2023) .

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,/w*o (dAldEsHWAR KorHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Nunsavath Sreelakshmi

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Nunsavath Sreelakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

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