Allowed

Icici Bank Limited v. Smt Jyothi Lakshmamma Magida

DRT20 Oct 2023OA/911/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal-II at Hyderabad allowed an Original Application filed by ICICI Bank Limited against Smt. Jyothi Lakshmamma Magida for recovery of Rs. 23,68,930/- with future interest at 12% simple, viewing the evidence affidavits as clinching the claim since the defendant remained ex-parte.

What did the court decide?

The Defendant is directed to pay Rs. 23,68,930/- with future interest @ 12% simple and costs; Recovery Certificate issued.

Icici Bank Limited versus Smt Jyothi Lakshmamma Magida — Cheque Dishonour | DRT (2023)

¶1

iN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 2oth DAY OF OCTOBER, 2023

¶2

PRESENT: SH. RAN4ESHWAR KOTHE, B.Com., L.LB. (Hons.), M.A. PRESIDING OFFICER

¶3

Original Application No: 911 OF 2022

¶4

ICICI Bank Limited, ICICI Bank Towers, Plot No. 12, Nanakramguda, Serllingampally, Ranga Reddy Dist.-500032, Telangana State. Rep. by its Power of Attorney

¶5

....Applicant.

¶6

Versus

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Smt. Jyothi Lakshmamma Magida w/o. Narasimhulu, Aged: 55 Years, Occ: Govt Employee, R/o. H.No. 11-151, Lakshminagar, Near RTC Depot, Palamaner, Chittoor District, Andhra Pradesh-517408. ...Defendant

¶8

Counsel for the Applicant : Mr. R. Rajendra^prasad Defendants : Exparte

¶9

:: ILLLEB ::

¶10

The Applicant Bank filed the present OA for the recovery a total sum of Rs.23,68,830/- from the defendant with future interest Q'Wn

¶11

oa.No-91L12O22

¶12

@^{24o/o p.a.} with monthly rests from the date of application till the date of realisation along with costs.

¶13

Summons served on sole defendant through paper publication. She was set exparte on 19.06.2023 as called absent and no representation.

¶14

The Applicant Bank examined Sathish Kumar, Zonal Debt Manager, as AW-1 and marked 8 documents through him as Ex. A.1 to Ex. A.8.

¶15

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

¶16

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 Defendant?

¶18

As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.8 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,

¶19

In the result, the present Original Apptication No.911/2022 is allowed as under: -

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i) The Defendant is liabte to pay to the Applicant Bank a sum of Rs.23,68,930/_ with future interest @ 12% simple from the date of application till the date of realization;

¶21

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¶22

oA.NO.911/2022

¶23

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

¶26

Issue Recovery Certificate accordingly.

¶27

Communicate a copy of this order to the parties concerned. (utfiated to the steno, corrected, signed and pronounced by me in the open court on this the 2Os day of October, 2023) .

¶28

(RAMESHWAR KOTHE) PRESIDING OFFICER

Icici Bank Limited v. Smt Jyothi Lakshmamma Magida

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Smt Jyothi Lakshmamma Magida

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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