Allowed

State Bank of India v. Niduram Hanmaiah

DRT6 Feb 2024OA/20/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of dues. It held the defendants jointly and severally liable to pay the claimed sum with future interest and costs, ordering recovery via mortgage property and assets.

What did the court decide?

Directing defendants to pay Rs. 25,38,842/- with future interest; proceeding against mortgaged property and defendants' assets; issuance of Recovery Certificate.

State Bank of India versus Niduram Hanmaiah — Execution and Attachment | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL.II^{AT HYDERABAD}

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DATED THIS THE 6th DAY OF FEBRUARY,²⁰²⁴

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PRESENT: SH. RAMESHWAR KOTHE, B.COM,^{L.L.B.(HONS.), M.A.}

¶4

PRESlDING OFFICER

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ORIGINAL APPLICATION^No. 20^{OF 2023}

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M/s. State Bank of India, SARB-II, Chikkadpally, Opp:Sand hya Theater, RTC 'X' Roads, Hyderabad, Rep by its Chief Manager

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...........Applicant.

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Versus

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1.	14r.NiduramHanmaiah, S/o.N.Basappa,Aged:66^years Occ:Agriculture,H.No:3-40, LakshmidevipalliHamlet, Narayanapur Village, PargilYandal, RangaReddyDistrict-501501
2.	Mr.Niduram Venkataiah, S/o.N.Hanmaiah, Aged 38 years, Occ:Agriculture,H.No:3-40, LakshmidevipalliHamlet, NarayanapurVlllage, PargiMandal, RangaReddyDistrict-501501.	Defendants.
	CounselfortheApplicant	:Mr.M.Venkat Divakar
	Defendants	:Exparte.

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ORDER

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The Applicant Bank filed the present OA for the recovery of a total sum ot Rs.25,38,A42/- i.e.,( Rs.21.68,065/- towards loan 1fr*

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oa.20/2023

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account no.62 12 747 4348, Rs 1,7 A,47 U - towards loan account no.62220940850 and Rs.1,92,306/- towards loan account no.62220978352/-) jointly and severally from the defendants with interest @14.25o/o per annum with monthly rests from the date of Application till the date of realisation along with costs and sale of OA schedule property.

¶14

Summons served on D1 & 2. They were set ex-parte on 13.03.2023, as called absent and no representation.

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The Applicant Bank examined M. Sarala, N4anager as AW-1 and marked 10 documents through her as Ex. A.1 to Ex.A.10.

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Learned Counsel for the applicant bank reported orders may be passed on 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 Defendants and OA Schedule propefty?

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As stated supra, defendants remained ex-pade. The Evidence Affidavlt coupled with the recitals in the documents viz./ Exs. 41 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^jointly and severally liable to^pay the OA claim to the Applicant Bank with futule interest and costs. A$"t

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oA.2O/2O23

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In the result, the present Original Application No.20l2023 allowed as under: -

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i) the defendants are joinfly and severally liable to pay to the Applicant Bank a sum of Rs. Rs.25,38,842l- with future interest @12olo p,a. simple from the date of application till the date of realization;

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ii) the OA claim is secured by way of mortgage of property described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same for recovery of its dues;

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iii) the applicant bank is also entiUed to proceed against the person and properties of the defendants for realization of its dues; and

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iv) the applicant bank is entifled for the costs.

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B. 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, signed and pronounced by me in the open court on this the 6rh day of February, 2024).

¶29

Ow'*

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(RAMESHWAR KOTHE) PRESIDING OFFICER

State Bank of India v. Niduram Hanmaiah

Case brief

What is this about?

What did the court decide?

State Bank of India v. Niduram Hanmaiah

Case brief

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