Allowed

Hdfc Bank Ltd. v. Talwar Mobiles Private Limited

DRT30 Jan 2024OA/13/2022

Case brief

AI extract

What is this about?

Dr. Tribunal allowed the Applicants original application for recovery of Rs.2.33 crore from Defendants who remained ex-parte. The single judge held evidence sufficient and directed joint and several liability with interest and costs.

What did the court decide?

Directions to Defendants to jointly and severally pay a sum of 2,32,95,685.43 with future interest; Applicant Bank entitled to proceed against person and properties for realization and costs.

Hdfc Bank Ltd. versus Talwar Mobiles Private Limited — Contract and Commercial Disputes | DRT (2024)

¶1

¶2

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 3oth DAY OF JANUARY , 2024

¶3

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

¶4

Original Application No: 13 OF 2022

¶5

HDFC Bank Limited, H.No. 6-3-246 & 6-3-244/ A, 3'd Floor, Roxana Palladium, Road No.1, Banjara Hills, (Besides Virinchi Hospital), Hyderabad-500034.

¶6

.....Applicant.

¶7

Versus

¶8

Talwar Mobiles Private Llmited Ground Floor,Plot No.160(aala5), Sardar Patel Road, Secunderabad-TG 500003.

¶9

Rep. by its Authorized Signatory.

¶10

lv1r. Saral Talwar S/o. Mr. Sunil Talwar, Age: 45 Years, No. A-2-293/521HH126, HUDA Heights, Road No.2, Banjara Hills, Hyderabad-500034.

¶11

Also at:

¶12

7th Floor, Meenakshi Towers, Road No.12, Banjara Hills, Hyderabad-500034.

¶13

Mr. Sunil Talwar S/o. [4r. K.R. Talwar, Age : 70 Years, N 0.8-2-293/ 821 HHI 26, HUDA Heights, Road No.2, Banjara Hills, Hyderabad-5000354.

¶14

Mr. Bharthepudi Srinivas S/o. Bharthepudi Venkata Rama Seshaiah, Age: 51 Years, 48-73-9/3, Beside Kuchipudi Enclave, Sri Rama Chandra Nagar, VJ Polytechnic, Vijayawada, Krishan District-520008, Andhra Pradesh. A

,J/ !o('s

oA.NO.13/2022

Also at:

Plot No. 443lA,/55, Phase III, Road No. 86, Jubilee Hills, Hyderabad-500033.

¶19

Mr. Saket Talwar

¶20

S/o. Mr. Sunil Talwar, Age: 41 Years, N^{o. 8-2-293/82/HH/26,} HUDA Heights, Road No. 2, Banjara Hills, Hyderabad-500034.

¶21

...Defendants

¶22

Counsel for the Applicant Defendants

: Mr. Shabbeer Ahmed

: Exparte

:: qLLEB::

The Applicant Bank filed the present OA for the recovery a sum of Rs.2,32,95,685.43ps from the defendants with future interest @ 18o/o p.a. from 30.11.2021 till the date of realization along with costs.

¶27

D1 to D4 were set exparte on 23.11.2022 and D5 was set exparte on 23,t2,2022 as called absent and no representation.

¶28

The Applicant Bank examined Srikanth Sukhavasi, ManagerSpecial Operations, as AW-1 and marked 54 documents through him as Ex. A.1 to Ex. A.54.

¶29

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

¶30

The point that arises for consideration is:-

¶31

Whether the Applicant Bank is entitled for the claim made in the OA against the Defendants? //XY:..-u r,,.,-19 |

¶32

oA.NO.13/2022

¶33

¶34

As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.54 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are^jolntly and severally liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶35

In the result, the^present original Application No.13/2022 is allowed as under: -

¶36

i) The Defendants are^jointly and severally liable to^pay to the Applicant Bank a sum of Rs.2,32,95,685.43ps with future interest @ 9.5olo p.a. simple from the date of application till the date of realizatlon;

¶37

ii) the applicant bank is entitled to^proceed against the person and properties of defendants for realization of its dues; and

¶38

lii) the appllcant bank is entitled for the costs.

¶39

B, The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶40

q Issue Recovery Certlfi cate accordingly,

¶41

Communicate a copy of this order to the^parties concerned. (Dictated to the steno, slgned and pronounced by me In the open court on this the 3os oay ofJanuary, 2024) .

¶42

[/ry'*' (nnFesnwen xorxe) PRESIDING OFFICER

Hdfc Bank Ltd. v. Talwar Mobiles Private Limited

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd. v. Talwar Mobiles Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Icici Bank Limited versus Lalan Singh and others

Icici Bank Limited versus Rakesh Choudhary (Borrower)

Canara Bank versus M/s Ragini Egg Fresh and Others

Canara Bank versus Sh Harmeet Singh

Canara Bank versus M/s Taj Automobiles and Others

Dheeraj Kumar Jha versus Bank of Baroda