Allowed

Hdfc Bank v. Yarllagadda Pramodh Kumar

DRT26 Jun 2024OA/160/2023

Case brief

AI extract

What is this about?

Debt Recovery Tribunal allowed an original application filed by HDFC Bank Ltd. against Yarllagadda Pramodh Kumar for recovery of dues totaling Rs.22 lakhs with interest and costs, holding the bank's evidence sufficient despite the defendant's ex-parte absence.

What did the court decide?

The Defendant is directed to pay Rs.22,93,026.67 plus future interest at 10.40% p.a. simple from the date of application, and the bank is entitled to proceed for realization and costs.

Hdfc Bank versus Yarllagadda Pramodh Kumar — Banking and Recovery | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 26th DAY OF JUNE, 2024

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PRESENT: SH. RAMESHWAR KOTHE, B.CoM., L.LB.^(HONS,), M.A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 160 OF 2023

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H DFC BanK Ltd., Having its office at # 1-10-60/3, 3'd Ftoor, Suryodaya Complex, Opp: Shoppers Stop, Begumpet, Secundera bad Ma ndal, Secunderabad District-500016. Telangana State. Rep. by its Legal Manager.

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.....Applica nt.

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Versus

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Yarllagadda Pramodh Kumar S/o.Yarllagadda Rama Mohan Rao, Age 31 Years, Occ: Private Service, H.No.77- t3-737 I 2/304, Pavandeep Residency, Plot No.53, Green Hills Colony, Road No.3, Saroornagar, Hyderabad - 52t002.

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Also at:-

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Yarllagadda Pra modh Kumar S/o.Yarllagadda Rama l.4oha n Rao, Age 31 Years, Occ: Private Service, C/o.TEKSYSTEMS GLOBAL SERVICES Ltd., Floor 22, SKY VIEW 10, SY No.83/1, Knowledge City, Raidurgam, Hyderabad - 500032. C$""

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oA.NO.160/2023

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And also at: -

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Yarllagadda^pramodh Kumar S/o.Yarllagadda Rama Mohan Rao, Age 31 Years, Occ:^private Service, R/o.79 I l0L, Chitkapudi, Krishna - 521002.

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...Defendant

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Counsel for the Applica nt : Lotus Law Associates

Defenda nts

: Exparte

:: ORDER::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.22,93,026.67ps from the defendant with future interest @10.400lo p.a. with compounded monthly rests from the date of application till the date of realization along with costs.

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Summons sent to sole defendant returned with endorsement unclaimed hence, deemed to be served and was set exparte on 18.04.2023 as called absent and no representation.

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The Applicant Bank examined M.Meenakshi, Legal tvlanager, as AW-1 and marked 07 documents through her as Ex. A.1 to Ex. 4.07 .

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Ld. Counsel for the Applicant Bank reported orders may be

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passed through merits. perused the material placed on record.

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Mvot

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oA.NO.160/2023

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5. 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 Defendant?

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As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.07 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. Hence, I hold that the Defendant is liable to pay the OA claim to the Applicant Bank with future interest and costs.

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In the result, the present Orlginal Appllcation No.160/2023 is allowed as under: -

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.22,93,026.67ps with future interest @10.400/0 p.a. simple from the date of application till the date of realization;

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

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iii) the applicant bank is entitled 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. ewr,

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oA.NO.150/2023

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9. 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 26th Day of June, 2024).

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AW (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Yarllagadda Pramodh Kumar

Case brief

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Hdfc Bank v. Yarllagadda Pramodh Kumar

Case brief

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