Allowed

Hdfc Bank Ltd., v. Aams Interiors LLP

DRT15 Dec 2023OA/98/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's original application for recovery of dues including vehicle hypothecation via ex-parte default judgment by respondents.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 21,88,539.02 with future interest; bank entitled to realize debt via hypothecated vehicle and defendants' properties; costs awarded.

Hdfc Bank Ltd., versus Aams Interiors LLP — Banking and Recovery | DRT (2023)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 15th DAY OF DECEMBER, 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: 98 OF 2023

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HDFC BanK Ltd,, Having its office at # 1-10-60/3, 3'd Floor, Suryodaya Complex, Opp: Shoppers Stop, Begumpet, Secunderabad lvlandal, Secunderabad District-500016. Telangana State. Rep. by its Authorized Signatory.

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.... .Applica nt.

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Versus

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AAMS Interiors LLP, Rep. by its Partners

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Mr. Mohammed Mohin Pasha,

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& Seema Ta hseen,

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H. No. 8-2-686/B/S/s,

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1't Floor, Road No. 12, Banjara Hills, MLA Colony, Hyd e ra bad^- 500034,

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Telangana State.

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Mr. Mohammed l.4ohin Pasha, S/o. lvlohammed Su lthan Pasha, Aged: 53 Years, Occ: Business, R/o. 10-5-15, Level-3, B# Ahmed Nagar, Masab Tank, Nea r Goodwill Kidney HosPital, H^ydera ba d^- 50 00² 8, Tela ngana State.

ftry'c

oA.NO.98/2023

Also at:

Mohammed Mohin^pasha, S/o. tvlohammed Su lthan pasha, Aged: 53 Years, Occ: Business, H. No. 8-2-686/8/5/5, 1'r Ftoor, Road No. 12, Banjara Hills, MLA Colony, Hyderabad-500034. Telangana State.

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Seema Tahseen, D/o. Mohd Jaffer Hussain, Aged: 44^years, Occ: Business, Block-83, Levet-3, H. No.1O_5_ 15, Ahmed Nagar Masab Tan k, Near Goodwill Kidney Hospital, H ydera bad- 50 002 8, Telagana State.

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Also at: Seema Tahseen, D/o. Mohd Jaffer Hussain, Aged: 44^years, Occ: Business, H. No. 8-2-686/8/5/5, 1sr Ftoor, Road No. 12, Banjara Hi s, 14 LA Cotony, Hyderabad-500034, Telangana State.

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Also at: Seema Tahseen, D/o. Mohd Jaffer Hussain, Aged: 44 Years, Occ: Business, 8-7-396/pt'4/23/91, F. No. 302, Farhath^{plaza,pramount} Hills. Towlichowki, Golconda, Hydera ba d -500008, Telangana State.

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Counsel for the Applicant Defendants

: M.V, KINI

'Ex?arte

... Defendants

A \io

oA.NO.98/2023

:: ORDER::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.21,88,539.02ps from the defendants jointly and severally with future interest @ 24o/o p,a. from the date of application till the date of realization along with costs and in default for sale of hypothecated vehicle.

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Summons served on D1 to 3 through paper publication. They were set exparte on 22.08.2023 as called absent and no representation.

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The Applicant Bank examined Nikhila Yedla, Legal Manager, as AW-1 and marked 19 documents through her as Ex. A.1 to Ex. A.19.

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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 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.19 marked 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.

frwe

oA.NO.98/2023

In the result, the^present Original Application^{No.9B/2023 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,21,88,539.02ps with future interest @ 7.45o/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 hypothecation of vehicle 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 15th Day of December, 2023) .

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S,no

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Aams Interiors LLP

Case brief

What is this about?

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Hdfc Bank Ltd., v. Aams Interiors LLP

Case brief

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