Allowed

Hdfc Bank Ltd., v. Mohammed Abdul Muneem

DRT9 Nov 2023OA/942/2022

Case brief

AI extract

What is this about?

Original Application filed by HDFC Bank Ltd. for recovery of dues and sale of hypothecated vehicle disposed of ex-parte. The Tribunal allowed the application holding defendants liable for principal, future interest, and costs.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 25,51,685.01 plus future interest; bank entitled to proceed against hypothecated vehicle and recovery certificate issued.

Hdfc Bank Ltd., versus Mohammed Abdul Muneem — Contract and Commercial Disputes | DRT (2023)

¶1

IN THE DEBTS^{RECOVERYTRIBUNAL-II AT HYDERABAD} DATED THIS THE 9th^{DAY OF NOVEMBER,2023}

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

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Original Application^{No: 942 OF 2022}

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HDFC Bank Ltd., H. No. 1- 10-60/3, 3'd Floor, Suryodaya^comPlex, Opp. Shoppers Stop, Begumpet, Hyderabad-500016. Rep. by its lvlanager-^{Lega l.}

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.....Applicant.

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Versus

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Mohammed Abdul Muneem, s/o. Mohammed Abdul Raheem,

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Aged: 68 Years, Occ: Private Service, No.5-8-323/1 to 5, Nampally Station Road, Nampally, Hyderabad, Telangan State.

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Also at :

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lYohammed Abdul l''luneem S/o. Mohammed Abdul Raheem, Aged: 68 Years; Occ. Private Service, C/o. Furniture lvlakers H. No. 5-8-165 GHAR, Nampally Station Road, Nampally, Hyderabad, Telangana-500001

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Mohammed Abdul Shameem S/o. Abdul Muneem N4ohd,

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Aged: 49 Years, Occ: Private Service, H. No. 5-8-323/1 to 5, Nampally Station Road, Nampally, Hyderabad, Telangana-500001

..Defendants

eY""

oa.No.94212022

Counsel for the Applicant

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Defendants

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Louts Law Associatas,

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Exparte

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:: ORDER::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.25,51,685.01ps from the defendants joinfly and severally with future interest thereon @ 9.360lo p.a. compounded with monthly rests from the date of application till the date of realization along with costs and in default for sale of OA hypothecated vehicle.

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Summons served on D1 & 2. The defendants were set exparte on 23.02.2023 as called absent and no representation.

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

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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 Defendants and hypothecated vehicle?

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As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents O"x'u

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oa.No.94212022

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viz., Exs. A.1 to A.smarked on behalf of the Applicant Bank clinches 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.

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In the result, the present Original Application No.g42/2O22 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.25,51,685.01ps from the defendants jointly and severally with future interest @ 9.36010 simple from the date of application till the date of realization;

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ii) the OA claim is secured by way of hypothecation of vehicle described in the schedules annexed to the OA and the applicant bank is entitled to proceed against the same realise its debt;

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iii) the applicant bank is enti ed 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.

0%"

oa-No.94212022

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 court on this the 9"' D.y of November,2023).

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Ox"* (IAMESHWAR KOTHE) PRESIDING OFNCER

Hdfc Bank Ltd., v. Mohammed Abdul Muneem

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mohammed Abdul Muneem

Case brief

What is this about?

What did the court decide?

What the court decided

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