Allowed

Union Bank of India (e-Andhra Bank) v. Angilla Pullaiah Govind Kumar

DRT27 Dec 2024OA/410/2024

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed an original application filed by Union Bank of India to recover a dues from two defendants. The defendants appeared ex-parte, and the court found the evidence affidavit and documents submitted by the bank sufficient to establish their joint and several liability for the loan amount, interest, costs, and secured mortgage proceeds.

What did the court decide?

Defendants jointly and severally liable to pay Rs.39,90,122.48 with interest and costs; bank entitled to realise debt from OA schedule property and other properties.

Union Bank of India (e-Andhra Bank) versus Angilla… — Contract and Commercial Disputes | DRT (2024)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 27th DAY OF DECEMBER, 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: 410 OF 2024

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Union Bank of India., (Erstwhile Andhra Bank) Anjaneya Nagar Branch^(29457), H.No. 12-7-133l106/3, Near GHMC, Moosapet, Hyderabad - 500018. Rep. by its Senior Branch lvlanager.

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... ..Applicant.

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Versus

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Sri Angilla Pullaiah Govind Kumar, S/o. Sri A. Pullaia h, Aged Major, Occ: Business, Plot No.A/93, H. No.12- 11-505/ 1, (Southern Portion) Boudha Nagar, Warisquda, Secunderabad - 500061.

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Also at:-

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Sri Angilla Pullaiah Govlnd Kumar, S/o.Sri A. Pullaiah, Proprietor of M/s.Sri Siddhartha Constructions, Plot No.A/93, H. No.12- 11-505/1, (Southern Portion ) Boudha Nagar, warisguda, Secu nderabad - 500061.

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Smt.A.G.Madhavi Latha, Wo.A.P.Govind Kumar, Aged Major, Occ: Business, Plot No.A/93, H. No.12- 11-505/ 1, (Southern Portion) Boudha Nagar, Warlsguda, Secunderabad - 500061.

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Also at:-

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Smt.A.G.Madhavi Latha, W/o.A. P.Govind Kumar, Proprietrix l''l/s. Madhavi Swagruha Foods, Plot No.A/93, H. No.12- 11-505/1, (Southern Portion ) Boudha Nagar, Warisguda, Secunderabad - 500061. ... Defenda nts gffint'\

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oA.NO.410/2024

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¶15

Counsel for^{the APPlicant}

:Ms.K.Nandini

Defendants

:Ex-parte

::^{qLLE& ::}

The Applicant^{Bank filed the present OA for the recovery a total} sum of Rs.39,90,122.48ps^{as on14} '08'2024^under No'

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Rescheduled/Restructured^{Term Loan Alc'} 294530100000414^{from the defendantsjointly and severally} with future interest @11.100/0^{p.a. plus 2olop a penal interest} with monthly^{restsfrom01.08.2024 till the date of realization} along with^{costs and in default for sale of OA scheduleproperty'}

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Summons sent to^{D1 and 2 returned with endorsement} unclaimed hence,^{deemedto be served.They were set ex-parte} on 22.10.2024^{as called absentand no representation'}

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The Applicant Bank examined J.Joycee Winny,^SeniorBranch and marked^{15 documentsthrough her as}

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Manager, as AW-1 Ex. A.1 to Ex. A.15.

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Heard the Ld. Counsel^{for the} Applicant Bank.^{Perused the} material^placed on^record.

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The^point that arises^{for considerationis:-}

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Whether the Applicant^{Bank is entitled} for the claim made in the^{OA against} the Defendants and oA^schedule property?

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As stated su^pra, the Defendants remained^{ex-parte. The} Evidence Affidavit coupled with the^{recitalsin the documents} ffi'*n

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oA.NO.410/2024

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viz., Exs. A.1 to A.15^{markedon behalf of the Applicant Bank} clinches the claim^{of the Applicant Bank against the Defendants'} Hence, I hold^{that the Defendants are jointlyand severallyliable} to^pay the^{OA claim to the Applicant Bank with futureinterest} and costs,

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In the result, the^{present OriginalApplication No.41Ol2024is} 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.39,90,122.48ps as on 14.08.2024^under Rescheduled/Restructured Term^{Loan A/c.} No. 294530100000414 with future^interest @7.45o/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^mortgage of^property described in the^schedule annexed to the OA and the^{applicant bank is} entitled to proceed against the same^to realise lts 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 appllcant bank is entltled for the costs.

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The Applicant Bank is directed to^file Cost^{Memo within 2 weeks} from the date of receipt of this order. 7fry*tl

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oA.NO.410/2024

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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 pronounced by me in the open court on this the 27th Day of December, 2024).

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furras\ (RAMESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India (e-Andhra Bank) v. Angilla Pullaiah Govind Kumar

Case brief

What is this about?

What did the court decide?

Union Bank of India (e-Andhra Bank) v. Angilla Pullaiah Govind Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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