Allowed

Hdfc Bank Ltd., v. Amruthammma Kammal

DRT20 Nov 2023OA/881/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal-II allowed the Original Application filed by HDFC Bank Ltd. against two defendants. The court found the defendants jointly and severally liable to pay the principal sum, future interest, costs, and granted the bank proceeds against hypothecated vehicle and defendant properties.

What did the court decide?

Defendants directed to pay Rs. 21,98,134.49 with future interest; bank allowed to realize dues from hypothecated vehicle and defendant properties.

Hdfc Bank Ltd., versus Amruthammma Kammal — Civil Procedure and Limitation | DRT (2023)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 2oth DAY OF NOVEMBER, 2023

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PRESENT: SH. MMESHWAR KOTHE, B.Com., L.LB. (Hons.), N4.A. PRESIDING OFFICER

¶3

Original Application No: BBt OF 2022

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HDFC Bank Ltd., Having its office at # 1-10-60/3, 4'" Floor, (4A), Suryodaya Complex, Begumpet, Hyderabad-5000 16. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Amruthamma Kammal, S/o. Sayanna,

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Aged: 37 Years, Occ: Business, H. No. 8-21, Ram Nagar, Near Beside Bhavani Temple, Zaheerabad Mandal, Zaheerabad-502220.

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Bheemaiah K. S/o. Sayanna, Aged: 57 Years, Occ: Business, H. No.8-21, Ram Nagar, Near Beside Bhavani Temple, Zaheerabad Mandal, Za heerabad-502220.

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.. . Defendants

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Counsel forthe Applicant : Mr. M. P. Kashyap

Defenda nts

''"n" 1fu"*

oA.NO.881/2022

:: qLLEB::

The Applicant Bank filed^{the presentOA for the recoverya total} sum of Rs.21,98,134.48ps from^{the defendantsjointly and} severally with future^interest @^{24o/op.a. from the dateof} application till the date of realization^{along with costsand in} default for sale of oA hypothecated^vehicle.

¶18

Summons served on D1 &^{D2. Theywere set exparteon} 2A.O2.2O23 as called absent^{and no representation.}

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The Applicant Bank examined Yedla^{Nikhila,Manager-Legal,as} AW-1 and marked 7 documents^{through her as Ex. A.1 to Ex.} 4.7 .

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Ld. Counsel for the Applicant Bank reported^{orders maybe} 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 entitled for the claim made in the OA against the Defendants and OA hypothecated vehicle?

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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.7 marked on behalf of the Applicant Bank cllnches the claim of the Applicant Bank against 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.

M:'*,

oA.NO,881/2022

In the result, the present Original Application No.B81/2022 is allowed as under: -

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i) The Defendants are joinfly and severalty liable to pay to the Applicant Bank a sum of Rs,21,98,134.49ps with future interest @ 8.25o/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 hypothecated vehicle described in the schedule annexed to OA and the applicant bank is entiued to proceed against the same to realise its debu

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

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iv) the applicant bank is entiued 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 t-o the steno. corrected, signed and pronounced by me in the open court on thisthe 2Ob Day of November,2023).

¶35

O%'* (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Amruthammma Kammal

Case brief

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Hdfc Bank Ltd., v. Amruthammma Kammal

Case brief

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