Allowed

Hdfc Bank Ltd., v. Mr D Hari Prasad

DRT9 Oct 2024OA/336/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application filed for recovery of dues. The Defendants, who remained ex-parte, were held jointly and severally liable. The claim was secured by mortgaged properties and a recovery certificate was issued.

What did the court decide?

Defendants jointly and severally liable to pay Rs.23,37,877.17 with future interest; OA claim secured by mortgaged properties; Recovery Certificate issued.

Hdfc Bank Ltd., versus Mr D Hari Prasad — Execution and Attachment | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE Ogth DAY OF OCTOBER,2024

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

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ORIGINAL APPLICATION No: 336 OF 2023

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HDFC Bank Ltd., Having its office at Bank House, # 6-3-246 & 6-3-244/A,6th Floor, Roxana Palladium, Road No.1, Banjara Hills, Hyderabad-500034. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Mr.D.Hari Prasad, S/o.Ramanappa, Aged about 47 Years, Occ: Farmer, R/o.H.No.12-23, Utilipalli Village, Tanakal Mandal, Ananthapur Dist - 515571.

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Mr.D.Ramanappa, S/o.Vemanna, Aged about 68 Years, Occ: Farmer, R/o.H.No.12-23, Utilipalli Village, Tanakal Mandal, Ananthapur Dist - 515571.

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Mr.Muniratnam Marrella, S/o.Gopalaiah, Aged about 48 Years, Occ: Business, R/o.H.No. 15-1-101, Sivaji Nagar, Madanapalle Town & Mandal, Chittoor District - 5L7325.

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... Defendants

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Counsel for the Applicant : M/s.M.Srinivas Reddy Defendants , t*-ourt"fi*i.>u

oA.NO.336/2023

::^g_LD-LB ::

The Applicant Bank filed the^{present OA for the recovery a total} sum of Rs.23,37 ,877^{.77 ps from the defendantsjointlyand} severally together with @^{120lo p.a from 18.12.2022 (Cash} Credit) & 20.72.2022 137o^{in TermLoanFacility the statement} date to the date of^{Award/Decreeand thereafter@ 18o/op.a.} compounded with monthly rests^{from the date of application till} the date of realization along^{with costs and in defaultfor saleof} OA schedule^properties.

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Summons served on D1 and 2.^{Theywere set ex-parte} on 09.o7.2024 as called absent and^{no representatlon.} OA dismissed against deceased^{D3 as stepsnot taken.}

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The Applicant Bank examined D.Suresh,^{DeputyLegal Manager,} as AW-l and marked^{18 documentsthrough him as Ex A.1 to} Ex.A.18.

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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 aqainst the Defendants and OA schedule properties?

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As stated supra? the Defendants remained ex-parte.^The Evidence Affidavit coupled with the recitals in the^documents viz., Exs.A.1 to A.18 marked on behalf of the^{ApplicantBank} clinches the claim of the Applicant Bank against the^Defendants. Hence, I hold that the Defendants are^jointly and severally^liable krr'!\

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oA.NO.336/2023

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to pay the OA claim to the Applicant^Bank with^{future interest} and costs.

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In the result, the^present Original^{Application No.336/2023is} allowed as under:^-

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i) The Defendants are^jointly and severally liable to pay to the Applicant Bank a sum^of Rs.23,37 ,877.17ps with future interest @ l2o/o 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^mortgaged properties described in the schedule annexed to the OA and the applicant bank is^entitled to proceed against the same to realise^its debt;

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iii) the applicant bank is also entitled^{to proceed} against the^person and^propertiesof defendants for realization of^{its dues;}

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iv) the applicant bank^{is entitledfor the costs.}

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B. The Applicant Bank is directed to^{file Cost Memowithin2 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 pronouncedbyme in the opencourt on} this the Ogth Day of October,^2024).

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Ktrf SHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mr D Hari Prasad

Case brief

What is this about?

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Hdfc Bank Ltd., v. Mr D Hari Prasad

Case brief

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