Allowed

Hdfc Bank Ltd., v. M.Mayura Chowdary

DRT26 Jun 2024OA/161/2023

Case brief

AI extract

What is this about?

In an original application, the Debt Recovery Tribunal allowed H DFC Bank Ltd.'s claim for recovery of Rs.31,35,717.64 plus future interest from the defendant after deeming service complete and finding the defendant liable ex-parte.

What did the court decide?

Defendant to pay Rs.31,35,717.64 with future interest and costs; Recovery Certificate issued.

Hdfc Bank Ltd., versus M.Mayura Chowdary — Contract and Commercial Disputes | DRT (2024)

¶1

IN THE DEBTS RECOVERY TR]BUNAL-II AT HYDERABAD DATED THIS THE 26th DAY OF ]UNE, 2024

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

¶3

ORIGINAL APPLICATION No: 161 OF 2023

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H DFC BanK Ltd., Having its oFfice at # 7-70-60/3, 3'd Floor, Suryodaya Complex, Opp: Shoppers Stop, Begumpet, Secunderabad Mandal, Secunderabad District-500016. Telangana State. Rep. by its Legal Manager.

¶5

.....Applica nt.

¶6

Versus

¶7

N'l.Mayura Chowdary S/o.14. La ksh m ina raya na, Age 34 Years, Occ: Private Service, R/o.8-9-678 42 and 43, Flat No.504, Pragathi Enclave, Pragathi Road, Yousufguda, Hydera bad - 500045.

¶8

Also at:-

¶9

M.lvlayura Chowda ry S/o. M. Laksh minarayana, Age 34 Years, Occ: Private Service, C/o.ERNST AND YOUNG LLP Sy.No.3/1, Raid urga m, Plot No.22, 23,24,3L,32,33, Hi-Tech City lYain Road, lYadha pur, Hyderabad - 500081.

Ow*"^

oA.NO.151/2023

Also at:-

lY.lYayura Chowdary S/o.1,1 . Laksh minarayana, Age 34 Years, Occ: Private Service, H.No.3-44, OC Colony, Poola Obaia h Palli, Tadimarri, Anantapur - 515631, And hra Pradesh.

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...Defendant

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Counsel for the Applicant

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: Lotus Law Associates

Defendants

: Exparte

:: ORDER::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.31,35,777.64ps from the defendant with future interest @10.40olo p.a. with compounded monthly rests from the date of application till the date of realization along with costs.

¶22

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.

¶23

The Applicant Bank examined M.Meenakshi, Legal Manager, as AW-1 and marked 08 documents through her as Ex. A.1 to Ex. A.08.

fft'rr

oa.No.161/2023

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 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.i Exs. A.1 to A.08 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.

¶31

In the result, the present Original Application No.161/2023 is allowed as under:^-

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.31,35,717.64ps wlth future interest @10.40% p.a. slmple 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 applica nt bank is entitled for the costs. AWr"

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¶36

oA.NO.161/2023

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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 26th Day of .lune, 2024).

¶40

Ow*' (RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. M.Mayura Chowdary

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. M.Mayura Chowdary

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

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