Allowed

Hdfc Bank v. Kishore Kumar K

DRT16 Apr 2024OA/422/2023

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the bank's original application for recovery of a debt owed by the respondent. The respondent was heard via ex parte proceedings as no one appeared. The court held the respondent liable to pay the claim amount with interest and costs.

What did the court decide?

Defendant liable to pay Rs. 21,22,806.80 with future interest; Applicant entitled to costs and to proceed for realization of dues.

Hdfc Bank versus Kishore Kumar K — Contract and Commercial Disputes | DRT (2024)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 16TH DAY OF APRIL, 2024 PRESENT; SH. RAMESHWAR KoTHE, B.Com, L,L.B. (HonS.), M.A. PRESIDiNG OFFICER

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ORIGINAL APPLICATTON No. 422 OF 2023

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HDFC BanK Ltd,, *7-10-60/3,3.d ftoor, Suryodaya Complex, Begumpet, Secunderabad Mandal, Hyderabad-500016 Rep by its Authorized signatory

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

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Versus

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Mr. Kishore Kumar K. S/o. Mr. Kasina Viswanatham_ H. No.12-4- 1OO/1, Road No.8, Pragathi Nagar, Moosapet, Hydera bad-500018 Defenda nt. Counsel for the Applicant : Mr. N. B. Sudarshan Defenda nt : Exparte.

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ORDER

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The Applicant Bank filed the present OA u/s.19 of the Recovery of Debts and Bankruptcy Act, 1993 for the recovery oF a sum of Rs.21,22,806.80ps from the defendant with interest @24o/op.a. from the date of filing the present application to till the date of realization along with costs.

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Summons served on sole defendant. He was set ex_parte on 26.09.2023 as ca ed absent and no reeresefiW

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/^// .Lu'-'-u t,/

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oA.NO.422l2023

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The Applicant^{Bank examined Yedla Nikhila' Legal Manageras} AW-1 and^{marked 6 documents through her as Ex A lto} Ex.A.6.

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Learned^{counselfor the applicant bank reported orders may be} passed on^{merits. Perused the materialplaced 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 Defendant?

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6, As stated^{supra, defendant remainedex-parte' The Evidence} Affidavit^{coupledwith the recitals in the documents viz'' Exs Al} to A.6 marked^{on behalf of the ApplicantBank clinches the} claim of the^{Applicant Bank against the Defendant Hence' I} hold that^{the Defendant is liable to pay the OA claim to the} Applicant^{Bankwith future interestand costs'}

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In the result,^{the present Original Application No '42212023is} allowed^{as under: -}

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the defendant^{is liable to pay to the}

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i) Applicant^{Bank a sum of Rs'21'22'80680ps} with future^{interest@7400/op'a'simple from} the date^{of applicationi e} '03^{04 2023 till the} date of^realization; the applicant^{bank is also entitled to proceed}

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il) against^{the person and propertiesof the} defendant^{for realizationof its dues; and} the appllcant^{bankis entitledfor the costs'}

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iii) 9P',*'r\

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oA.NO.422/2023

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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 according ly.

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Communicate a copy of this order to the parties concerned. (Dictated to the steno, signed and pronounced by ;"1.G;;; court on this the l'th davofAprit,zo2't.

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Ary__:;; (kAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank v. Kishore Kumar K

Case brief

What is this about?

What did the court decide?

Hdfc Bank v. Kishore Kumar K

Case brief

What is this about?

What did the court decide?

What the court decided

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