Allowed

Union Bank of India (Andhra Bank) v. Sri Baba Karthik Kalapatapu

DRT28 Nov 2024OA/277/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an Original Application filed by Union Bank of India to recover a loan of Rs.25,92,279.49 plus interest against the borrower and co-borrowers who failed to comply with repayment terms. The bank's claim was upheld in default of the respondents' presence.

What did the court decide?

Defendants directed to jointly and severally pay Rs.25,92,279.49 with future interest at 11.75% p.a. from 01.06.2024; bank entitled to proceed against mortgaged properties and other assets.

Union Bank of India (Andhra Bank) versus Sri Baba Karthik… — Writ and Judicial Review | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 28TH DAY OF NOVEMBER' 2024

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PRESENT: SRI GUMMADI GOPICHAND, PRESIDING oFFIcER

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OA.No.277 ol 2024

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Between:

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Union Bank of India, Marredpally branch, H.No.10-3, St. Johns School Road, Teachers colony, East Nehru Nagar, Marredpally, Secunderabad, TS - 500 026. Represented by its Authorised Signatory

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Applicant

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VERSUS

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Sri Baba KarthikKalapatapu, s/o Sri kalapatapu Krishna Murthy, R/o flat no.203, Justice Kummaaray Residency, H.No. 10-3- 13/138, Plot no.14A, Tukaram Gate road, Marredpally, Hyderabad - 500 026.

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Sri Kalapatapu Krishna Murthy, s/o Sri Kalapatapu Ramachandra Rao, R/o flat no.203, JusticeKummaaray Residency, H. No.10-3- 13/138,

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Plot no.14A, Tukaram Gate road, Marredpally, Hyderabad - 500 026. 3. SmtKalapatapu Radhika, -_::==;=. D/o S ri Ja g a nath rao Ra mava ra pu., '/i 6-+ ::.iigdi Sr*-rr$tl S/o Sri Kala np ata nrr pu K richna rishna^rrj. Murthy, R/o flat no.203, "j:r m"\N Justice Kummaaray Residency, H.No.10-3-13/138,X"i";ilii^liri'"',;m Gate road,^{2 I l{0tl} 21pt ,-, Ma rvrdHyderabad r r reupd edpally,y, - 500 026. ... -^.1.'Defenr -'t.

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(o A.206/2024J

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Counsel for the^parties:

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For the Applicant For the Defendants

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M/s. Chavan Associates

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Expa rte

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ORDER

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The Applicant Bank filed the present oA against Defendants for recovery of a total sum of Rs.2S,g2A79.49ps (Rupees Twenty Five Lakhs Ninety Two Thousand Two Hundred Seventy Nine and Paise forty Nine only) with future interest @ 11.75olo p.a with monthry rests from 0t.06.2024 tiil the date of rearization and in default for sare of mortgaged properties as described in the sch ed u le to OA.

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2' As per the averments in the apprication, the Appricant Bank states that defendant No.1 is a borrower and defendants 2 & 3 are co_ borrowers availed housing loan facility of Rs.28.00 lakhs in March'2013. For due repayment of loan, the defendants 2 & 3 deposited the originar tiue deeds in respect of the schedure mentioned properties. on 10.07.2014, the defendants no.2 & 3 extended the security of schedure mentioned properties by extending theequitablemortgagec'eatH2013bydepoSitoforiginal rso avaired education ti,e deeds with the "oo,,nffi$@E loan of Rs.20.00 rakhs arrri?extenaffi tn" e[ihiror" mortgage of oA. :: .h')'1 After avaiting the roan'fuciritl 0nu0&&ldanqi raited to compry the

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) ,.

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(oA.206/2024]|

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terms of sanction, hence the applicant bank was constrained to classify the account as NpA on 13.09.2022 and issued legal notice dated 05.06.2024. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants No.1 to 3 called absent and set exparte on 15.10.2024.

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Sri M. Anil Kumar, Senior Manager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A. 16.

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Heard the Ld. Counsel for the Applicant Bank.

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The point that arise for consideration is whether the Applicant Bank is entitled for the claim made in the OA against the Defendants as prayed for?

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Defendants remained 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.16. In view of the above, I hold that the Applicant Bank has established their claim made in the OA against the De nts and hence the Applicant Bank is entitled to recover t OA with future interest and costs. 20 ilBVm

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loA.206/2024]'

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B. In the result, the present OA is allowed with costs, as under:

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The Defendants are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.25t92,279.49ps (Rupees Twenty Five Lakhs Ninety Two Thousand Two Hundred Seventy Nine and Paise forty Nine only) with future interest @ 1,1.75o/o p.a from 01.06.2024 till the date of realization;

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The Applicant bank is entitled to^proceed against the^mortgaged properties as described in schedule to OA towards realization of the debt due.

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The Applicant Bank is also entitled to^{proceed againstthe person} and^properties of defendants towards^{realization of the debt due'}

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The Applicant Bank is entitled^{to the costs of the OA'}

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t2. The Applicant shall file a cost^{memo within two weeks from the date} of receipt of order.

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1J. Issue Recovery certificate accordingly.

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Communicate a copy of the order^{to the parties concerned.}

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(Dictated to the P.A., transcribed by her, corrected, signed and^{pronounced by me in theopen} day of Nov,2024)

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? B ll0l,?ul Yii

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(G. GOPTCHAND)
PRESIDING OFFICER
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Union Bank of India (Andhra Bank) v. Sri Baba Karthik Kalapatapu

Case brief

What is this about?

What did the court decide?

Union Bank of India (Andhra Bank) v. Sri Baba Karthik Kalapatapu

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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