Allowed

Union Bank of India v. Mrs. Shobha Rani Hammikolla

DRT20 Jul 2023OA/869/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of home loan dues. Holders of the home loan were held jointly and severally liable to pay the principal amount with future interest, and the bank was granted permission to proceed against the mortgaged property and personal properties for realization.

What did the court decide?

Defendants ordered to jointly and severally pay Rs. 42,76,511.44 with future interest; bank entitled to sell OA schedule property and proceed against defendants' properties.

Union Bank of India versus Mrs. Shobha Rani Hammikolla — Banking and Recovery | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 2oth DAY OF JULY, 2023

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PRESENT: SH. RAMESHWAR KOTHE, B.Com,, L.LB. (Hons.), M.A. PRESIDING OFFICER

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Original Application No: 869 OF 2022

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Union Bank of India (Erstwhile Andhra Bank) S.R Nagar Branch, SR Nagar, Hyderabad-502038. Rep by its Authorised Officer.

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.....Applicant.

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Versus

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1, Mrs.Shobha Rani Hammikolla W/o Madan Mohan Goud, Aged 51 years, B-t-t5/ ll/ 10, Padmanagar Colony, Opp Vanga Anitha Reddy Garden, Karmanghat, Hydera bad- 5000 79.

¶8

Mr.Madan Mohan Goud S/o Kondaiah Goud, Aged 56 years, B-1-15/1 1/10, Padmanagar Colony, Opp Vanga Anitha Reddy Garden, Karmanghat, Hydera bad -500079.

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... Defendants

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Counsel for the Applicant : Mr,Srinivasa Rao Chakrala

Defendants

:Exparte d&{,

oA.a69l2022

:: ORDER::

The Applicant Bank filed the present OA for the recovery from the defendants jointly and severally a sum of Rs.42,76,571.44ps under Home Loan Account No.052230100161812 as on 07.07.2022 with contractuat interest @ 8.85o/o P.A. with monthly rests from date of application till the date of realisation along with costs, and in default, for sale of OA schedule property.

¶16

The Summons served on D1 and 2. They were set exparte on 19.01.2023 as called absent and no representation.

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The Applicant Bank examined 14.Vijaya Laxmi, Senior l.4anager, as AW-1 and marked 16 documents through her as Ex. A.1 to Ex. A.16.

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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 property?

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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.16 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. 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. fu,o

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oA.86912022

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In the result, the present Original Application No.869/2022 is allowed as under: -

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i) The Defendants are jointly and severally liable to pay to the Applicant Bank a sum of Rs,42,76,511.44ps under Home Loan Account No.052230100161812 with future interest @ 8.85o/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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iv) the applicant bank is entitled for the costs.

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B. 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 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 me in the open court on this the 20th day ofJuly,2023).

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qr.""' (RAMESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Mrs. Shobha Rani Hammikolla

Case brief

What is this about?

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Union Bank of India v. Mrs. Shobha Rani Hammikolla

Case brief

What is this about?

What did the court decide?

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