The Debts Recovery Tribunal allowed the origin application filed by Canara Bank to recover Rs. 25,98,260/- comprising principal from two agricultural loans, future interest, and costs from the absent defendant.
Recovery of Rs. 25,98,260/- with interest at 13% p.a. from 01.04.2024 and costs of the OA; proceedings against mortgaged properties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 8TH DAY OF JULY' 2024
PRESENT: sRI GUMMADI GOPICHAND, PRESIDING OFFICER
OA.No.187 ot 2024
Between:
Canara Bank, Shivajinagar branch, KotagallyM u nnuru Kapu 5angam, Beside Hanuman fu1npt",New MpLNo.3_4_198 & 3-7-133, Kotagaily, Maisammaveedi, Varni road, Nizamabad, Telangana _503 OO1. Rep by its authorized officer
. Applicant
VERSUS
Sri BassiJagadish, S/o Badiriya @ Badriva lsig ibgrl 1:y""-; ilc: asricurture, mate, R/o H.No. 1_67,Neral, Chadmal village, Uudhakapalty, Gandhariman_d_al, Nizamabad dist, retangana - 503 114.
Defendant
Counsel for the parties:
For the Applicant
Smt Tarangi
For the Defendant
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Exparte
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0 o ,luL tul
ORDER r!l
Y':t
1. The Applicant Bank filed the present OA '7d
recovery of a total sum of Rs.25,98,260/-
(Ru
Lakhs Ninety Eight Thousand
Two hundred and Sixty only )
i.e.,
(OA.N0.187 of 2024)
and in default for sale of mortgaged property and hypothecated assets as described in the schedule to OA.
2' As per the averments in the apprication, the Appricant Bank states that defendant is the borrower who availed credit facilities for agricurturar roans dated 16.03.2011. The defendant avaired oD roan of Rs.5.00 lakhs by mortgage of schedule mentioned property. The defendant executed agreement and deed for Kisan oD dated 16.03.2011. The defendant also availed Rs.1.00 lakh on hypothecation of standing crop on 1g.03.2015. After availing the roan facirities, the defendant faired to compry the terms of sanction, hence the appricant bank was constrained to crassify the account as NPA and issued reca, notice dated 02.07.2022. Inspite of severar requests and demands, the defendant did not clear the outstanding. Hence this OA.
f"-! 'W nX
.06.2024.
*'"ill'i'u;'m[" "l
W,rr,#
(oA.No.187 of 2024)
marked as Ex.A.1 to A.20.
entitled for the claim made in the OA agalnst the Defendant as
prayed for?
7' Defendant cared 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.20. In view of the above, I hold that the Applicant Bank has established their craim made in the oA against the Defendant and hence the Appricant Bank is entitred to recover the craim made in the oA with future interest and costs.
(OA.No.187 of 2024)
bed by her, corrected, signed and pronounced by me in the open
ly, 2024)
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(G. GOPTCHAND)
PRESIDlNG OFFICER
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1 issue framed by the court
Whether the Applicant Bank is entitled for the claim made in the Originating Application against the Defendant?
Canara Bank
Sri Bassi Jagadish
GUMMADI GOPICHAND
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
