Allowed

Union Bank of India v. Mr.Bollimpalli Pardhasaradhi

DRT4 Jan 2024OA/120/2023

Case brief

AI extract

What is this about?

The Tribunal heard an Original Application by Union Bank of India for recovery of dues from defendants who defaulted on a housing loan. Hearing the bank's evidence while responding from the defendants, the Tribunal held the claim established and allowed the application.

What did the court decide?

Defendants ordered to pay INR 20,63,913.25 with interest at 10% p.a. and costs; Recovery Certificate issued.

Union Bank of India versus Mr.Bollimpalli Pardhasaradhi — Banking and Recovery | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 4TH DAY OF JANUARY'2024

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PRESENT: SRI GUMMADI GoPICHAND, PRESIDING OFFICER

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OA.No.l2O ot 2023

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Between:

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Union Bank of India, (Andhra Bank) R.C. Puram, Sanga reddy district, Telangana State. Represented by its Chief Manager

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Applicant

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VERSUS

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Mr. Bollimpallipardhasaradhi, s/o B. Chandrasekhar, aged 60,

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male, C-6, Jyothi Apartments,

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D.K. Road, Opp MCH Ground,

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Ameerpet, Hyderabad - 5OO 016.

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Mrs. Bollimpallisasi Kiran, w/o B. Pardhasaradhi, aged 58 years, female, C-6, Jyothi Apartments, D.K. Road, Opp MCH Ground, Ameerpet, Hyderabad - 5OO 016.

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Defendants

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Counsel for the parties:

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For the Applicant

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For the Defendants 1 to 3

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Sri Srinivasa Rao Chakrala Exparte

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The Ap Ban led nt OA against Defendants for recovery. t[t& i',]" T?q ,63,913.25ps (Rupees Twenty Lakhs Nine hundred Thirteen and

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(OA.No.111 of 2023)

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paisetwenty five only) with rate of interest @ 10% p.afrom 03.03.2023 tiil the date of rearization and in defaurt for sare of mortgaged property as described in the schedule to OA.

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2' As per the averments in the apprication, the Appricant Bank states that defendantsavaired housing roan for a sum of Rs.1g.oo rakhs on 22.07.20t5. The defendants executed composite agreement, annexure-II, Schedule-VIII, CIBIL, Undertaking etc. the defendant no'1 executed memorandum of deposit of tiile deeds, registered as document no.t1952/2015 and deposited original documents dated 30.07.2015, sate deed no.4633/20t5 and 15.04.2014, After avairing the roan facirities, the defendants faired to compry the terms of sanction, hence the appricant bank was constrained to crassify the account as NpA on 04.03.2020 and issued demand notice datec, 13.12.2022. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants called absent and set exparte on 03.10.2023.

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Bank

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which

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Heard the Ld.

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(OA.No.111 of 2023)

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A The point that arise for consideration is whether the Applicant Bank is

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entitled for the claim made in the OA against the Defendants as

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prayed for?

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Defendants called absent and set exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A1 to A.18. In view of the above, I hold that the Appricant Bank has estabrished their claim made in the OA against the Defendants and hence the Appricant Bank is entired to recover the craim made in the oA with future interest and costs.

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B. In the resurt, the present oA is ailowed with costs, as under:

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9' The Defendants are joinry and severary riabre to pay to the Appricant Bank a total sum of Rs.20,63,913.25ps (Rupees Twenty Lakhs Sixty Three thousand Nine hundred Thirteen and paise twenty five only) with rate of interest @ 10olo p.afrom 03.03.2023ti11 the date of realization.

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The Applicant bank is property as described the debt due.

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(OA.No.111 of 2023)

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the Applicant Bank is also entiiled to proceed against the person and

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properties of defendants towards realization of the debt due.

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The Applicant Bank is entiUed to the costs of the OA.

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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14, Issue Recovery certificate accordingly.

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Communicate a copy of the order to the parties concerned.

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(Dictated to the p.A., trun..p*!J.l"r, corrected, signed and pronounced by me in the open court on this the 4th day of Jan,21i4)

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sdl(G. GOPICHAND) PRESIDING OFFICER

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lf?:f^yu" - ,,ll::o:;e\fff^*"'

Union Bank of India v. Mr.Bollimpalli Pardhasaradhi

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Mr.Bollimpalli Pardhasaradhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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