Allowed

Bank of Baroda v. Mrs. Gonuduntla Vishalakshmi

DRT23 Sept 2024OA/120/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal-II, Hyderabad, allowed the bank's original application for recovery of outstanding dues. The court declared the defendants jointly and severally liable to pay the principal amount along with future interest and costs.

What did the court decide?

Defendants directed to pay Rs. 39,59,694.32 with future interest; applicant entitled to realize debt from property and personal assets; recovery certificate issued.

Bank of Baroda versus Mrs. Gonuduntla Vishalakshmi — Contract and Commercial Disputes | DRT (2024)

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IN THE^{DEBTSRECOVERY TRIBUNAL-IIAT HYDERABAD} DATED^{THIS THE23RDDAY OF SEPTEMBER'2024} PRESENT: SH.^{MMESHWARKOTHE' B'C-OM'' L'LB'(HONS')'M'A'} PRESIDING^OFFICER

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ORIGINAL^{APPLICATION No: 120 OF 2024}

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BANK OF BARODA Dharmava^{ra m Branch,} Dharmavaram, Sri Sathya Sai^District. (Earlier AnanthaPur Dist). Rep. by its Authorized^Officer.

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.....Applicant.

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Versus

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lYrs.Gonuguntla Vlshalakshmi W/o. Mr. G. Narayana^ppa, Age 51 Years, Female, R/o. Door No.2-21, Varadapuram Village, Sangala Panchayath, Dharmavaram^Taliq, Bathalapalli Mandal, Sri Sathya^{Sai Dist} (Earlier Ananthapur Dist), Andhra Pradesh.

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lY r. G. Narayanappa, S/o.Late Narayanappa, Aged 61^Years, R/o. Door No.2-21, Varadapuram^Village, Sanga la Panchayath, Dharmavaram^Taliq, Bathalapalli Mandal, Sri Sathya Sai Dist (Earlier Ananthapur Dist), Andhra Pradesh.

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. .. Defenda nts

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Counsel for the Applicant : l*4/s.Trivikram Chitturu Defendants

:Ex-parte O%^,*

oA.NO.72O/2024

:: ORDER::

The Applicant Bank Rled the present OA for the recovery a totat sum of Rs.39,59,694.32ps from the defendants joinuy and severally with future interest @ 72.600/o p.a. plus penal interest with monthly rests from the date of application till the date of realization along with costs and in default for sale of OA schedule property.

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Summons served on D1 and 2. They were set ex_parte on 70.06.2024 as called absent and no representation.

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The Applicant Bank examined Sake Venkata Krishna, Credit

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Officer, as AW- 1 and marked 10 documents through him as Ex. A.1 to Ex. A.10.

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Ld. Counsel for the Applicant Bank reported orders may be passed through 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 OA schedule propefty?

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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.10 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinfly and severally liable to pay the OA claim to the Applicant Bank with future interest and costs. ,fip.*,rw J/^'r';''

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oA.NO.LzO/2024

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In the result, the present Original Application No.l2O/2024 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.39,59,684.32ps with future interest @10.600/o p.a. simple from the date of application till the date of realization;

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ii) the OA clalm is secured by way of mortgaged property 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 entiued to proceed against the person and properties of defendants for realization of its dues;

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iv) the applicant bank is entiiled 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 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 23'd Day of September, 2024).

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K'q ESHWAR KOTHE) PRESIDING OFFICER

Bank of Baroda v. Mrs. Gonuduntla Vishalakshmi

Case brief

What is this about?

What did the court decide?

Bank of Baroda v. Mrs. Gonuduntla Vishalakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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