Allowed

Hdfc Bank Ltd., v. Syedshah Mahmood Hussaini

DRT13 Mar 2024OA/50/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by H. D. F.C. Bank Ltd against a defendant for recovery of Rs.27,71,284.29 along with interest, costs, and realization of a hypothecated vehicle.

What did the court decide?

Defendant to pay Rs.27,71,284.29 with interest; bank entitled to recover dues from hypothecated vehicle, personal properties, and costs.

Hdfc Bank Ltd., versus Syedshah Mahmood Hussaini — Contract and Commercial Disputes | DRT (2024)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE 13tI' DAY OF I{ARCH, 2024

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PRESENT: SH. RAMESHWAR KOTHE, B.Com, L.L.B. (Hons.), t4.A.

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PRESlDING OFFICER

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ORIGINAL APPLICATIoN No. 50 oF 2023

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H. D. F.C. Bank Ltd H.No. 1-10-60/3, 3'd Floor, Suryodaya Complex, Opp. Shoppers Stop Begumpet, Hyderabad-500016 Represented by its Manager-Legal

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

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Versus

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Syedshah l.4ahmood Hussaini S/o. Syed Shah Nazher Hussaini Age: 58 years, Occ: Private Service H.No. -8-2-68413/83, PIot No.83, Road No.12, Banjara creen Colony, Banjara Hills, Hyderabad, Tela ng a na - 500 0 34.

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Also at:

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Syedshah Mahmood H ussaini S/o. Syed Shah Nazher Hussaini Age:58 years, Occ:Private Service C/o. Spects World H.No.8-2-672/ 5/ 6&7, Shop No.6&7 Sufi Chambers, Road No.1 Banjara H ills, Hyderabad, Te la nga na^- 5000 34

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Also at:

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Syedshah Mahmood H ussaini S/o. Syed Shah Nazher Hussaini Age:58 years, Occ: Private Service C/o. Kamson Health Care Pvt Ltd. H.No.3-6-227 St No. 15, Himayath Nagar, Hyderabad, Tela ng a na - 500040. defend a nt. OY"^

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oA.sol2023

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Counsel^{for the APP|icant} Defendant

Mr. N. Sudarshan

Exparte.

ORDER

The Appllcant^{Bank filed the presentOA for the recovery of a} total sum of^Rs.27 ,71,284.29ps^{jointty and severallyfromthe} defendants with^{inierest @11.02oloper annum from the date of} Application till the^{date of realisation along withcosts and sale} of oA schedule^{hypothecated vehicle.}

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Summons served^{on defendantHe was set ex-parteon} 0g.03.2023,^{as called absentand no representation'}

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The Applicant Bank examined^{Y. Nlkhila,lvlanager-Legal as AW-} 1 and marked 8 documents^{through her as Ex. A.1 to Ex A S'}

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Learned Counsel^{for the applicant bank reported orders may be} passed on merits. Perused^{the materiat 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 Defendant?

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As stated supra,^{the defendant remainedex-parte'The} Evidence Affidavit^{coupledwith the recitalsin the documents} vlz., Exs. 41 to A.8^{marked on behalfof the ApplicantBank} clinches the clairn of^{the Applicant Bank againstthe Defendant'} Hence, I hold that the^{Defendant is liable to pay the OA claimto} the Applicant Bank^{with future rnterest and costs.,4\yr"iA} U,/..-ir.5--'l

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oA.so/2023

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In the result, the present Original Application No.50/2023 allowed as under: -

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i) the defendant is liable to pay to the Applicant Bank a sum of Rs.27,7l,284.29ps with future interest @11.02olo 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 hypothecation of vehicle described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same for recovery of its dues

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iii) the applicant bank is also entitled to proceed against the person and properties of the defendant for realization of its dues; and

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iv) the applicant bank is entitled for the costs.

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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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q Issue Recovery Certifi cate according ly,

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Communicate a copy of this order to the parties concerned. dayofMarch,2o24). (Dictated to the steno, signed and pronounced by me in the open court on this the 13th

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ow* l-"/ (MMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Syedshah Mahmood Hussaini

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Syedshah Mahmood Hussaini

Case brief

What is this about?

What did the court decide?

What the court decided

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