Allowed

Hdfc Bank Ltd., v. Mohd Afzaluddin Qureshi

DRT18 Oct 2024OA/335/2023

Case brief

AI extract

What is this about?

In this Debt Recovery Tribunal order, the court examined an application filed by HDFC Bank Ltd. against six defendants who remained ex-parte. The court held the defendants jointly and severally liable to pay the outstanding dues secured by mortgaged properties and passed orders for recovery.

What did the court decide?

Defendants directed to jointly and severally pay Rs.32,06,592.98 plus future interest, costs, and sale of mortgaged properties.

Hdfc Bank Ltd., versus Mohd Afzaluddin Qureshi — Company and Corporate | DRT (2024)

¶1

IN THE^{DEBTSRECOVERY TRIBUNAL-II AT HYDEMBAD} DATED^{THIS THE 18th DAY OF OCTOBER'2024}

¶2

PRESENT:^{SH. RAMESHWARKOTHE' B'C9I'' L'LB' (Hons')' M'A'} PRESIDING^OFFICER

¶3

ORIGINAL^{APPLICATION No: 335 OF 2023}

¶4

HDFC^BANKLtd., Havinq its^{office at BankHouse'} i"o-g:z+o a^{64-2441A,6thFloor,} Roxana^{Palladium, Road No'1,} Baniara^{Hills, HYderabad- 500034'} nep. by its^{AuthorizedSignatorY'}

¶5

.....Applicant.

¶6

Versus

¶7

Mr.Mohd.^Afzaluddin Qureshi,

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S/o.Mohd.^Ameenuddin,

¶9

Aged about 48^{Years, Occ: Farmer,} R/o.H.No.5-B-50,^{Sri Ram} Nagar ColonY,^{OPP: Bus Stand,} Kamareddy,^{Nizamabad District-50311 1'}

¶10

Mr.Mohd. Azharuddin Qureshi,

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S/o.Mohd.^Ameenuddin, Aged about^{40 Years, Occ: Farmer,} R/o.H.No.5-B-50,^{Sri Ram} Nagar ColonY,^{OPP: Bus Stand,} Kamareddy, Nizamabad^{District-5031 1 1'}

¶12

Mr.Mohd.^Ameenuddin, S/o.Mohd. Imamuddin, Aged about 92^{Years, Occ: Farmer,} R/o.H.No.5-B-50,^{Sri Ram} Nagar ColonY, OPP:^{Bus Stand,} Kamareddy,^{NizamabadDistrict-503111'}

¶13

Mrs.Khaja^{Begum, W/o'Mohd.Ameenuddin,} Aged about 79^{Years, Occ: Farmer,}

oA.NO.335/2023

R/o. H. No.5-8-SO, Sri Ram )391'-9?r,o'I,^{opp: Busstand,} Kamareddy, Nizamabad District_5031t 1.

¶18

Mr.Mohd. Asadoddin o,,ra.hr S/o. tvtohd. Ameenudain-^--"', 37^"X *, ^"rj' :1l"a^rs,^{occ : Fa rmer,} ryu.H.i!o.5-8-50, sri Ram )!-01^{c9t.onr1, opp: Bus stand,} Kamareddy, Nizamabad District_ SO3 t 11.

¶19

l"lr.lvlohammed Abdul Bari. S/o.Mohammed Abdul Razzat, 19u9.u.?ol,^{s r v"uo, oi'.,'iuir",,} R/o.H No. i -t -1099/2, Near tvlazeed, Rakasipet, Bodhan tyandat. N iza mabad District _ 5031b5.

¶20

... Defendants

¶21

Counsel for the Applicant : M/s. M.Srinivas Reddy Defenda nts Ex-parte

¶22

:: oRDER::

¶23

The Applicant Bank filed the present OA for the recovery a total sum of Rs.32,06,592.9gps from the defendants join y and severally together with @ 110/0 p.a. from 04.72.2022 (Cash Credit & DOD Loan Facilities) the statement date to the date of Award/Decree and thereafter @ 18o/o p.a. compounded with monthly rests from the date of application till the date of realization along with costs and in default for sale of OA schedule properties.

¶24

Summons served on D1 to 6. They were set ex-parte on 06.09.2023 as called absent and no representation.

¶25

oA.NO.33s/2023

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The Applicant^{Bank examined D'Suresh' DeputyLegal Manager'} as AW-1^{ancl marked 09 documentsthrough him as Ex'A'1to} Ex.A.09.

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4,Ld.CounselfortheApplicantBankreportedordersmaybe passed through^{merits' Perusedthe 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^{madein the OA against} the Defendants^{and OA schedule} ProPerties?

¶30

As stated^{supra, the Defendantsremained ex-parte' The} EvidenceAffidavitcoupledwiththerecitalsinthedocuments viz., Exs.A.1 to A.09^{marked on behalf of the ApplicantBank} clinchestheclaimoftheApplicantBankagainsttheDefendants. Hence, I hold that the^{Defendants are jointlyand severallyliable} to pay the OA claim to the^{Applicant Bank with future interest} and costs.

¶31

In the result, the^{present Original Application No.335/2023is} allowed as under:^-

¶32

i) The Defendants are^{jointly and severally} liable to^pay to the Applicant^{Bank a sum of} Rs.32,06,592.98ps with future^{interest @} 11olo^p.a. simple from the^{date of application} tillthe date of realization , Nt.O

¶33

¶34

oA.NO.33s/2023

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ii) the OA claim is secured by way of mortgaged properties described in the schedule annexed to the OA and the applicant bank is entiued to proceed against the same to realise its debt;

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iii) the appricant bank is arso entiaed to proceed against the person and properties of defendants for realization of its dues;

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iv) the applicant bank is entifled for the costs.

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8' The Appricant Bank is directed to fire cost Memo within 2 weeks from the date of receipt of this Order.

¶39

Issue Recovery Certificate accordingly.

¶40

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 18th Day of October, 2024).

¶41

flW,"" (AtrMESHWAR KoTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mohd Afzaluddin Qureshi

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mohd Afzaluddin Qureshi

Case brief

What is this about?

What did the court decide?

What the court decided

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