Allowed

Hdfc Bank Ltd., v. Ankireddy Harinatha Reddy

DRT19 Sept 2024OA/851/2023

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by HDFC Bank Ltd. for recovery of Rs.48,46,230.93 and interest from three respondents who were absent in ex-parte proceedings. The tribunal held the claim clinched by evidence documents.

What did the court decide?

Defendants to pay Bank Rs.48,46,230.93 along with interest and costs; order allowed with recovery certificate issued.

Hdfc Bank Ltd., versus Ankireddy Harinatha Reddy — Contract and Commercial Disputes | DRT (2024)

¶1

IN THE DEBTS^{RECOVERY TRIBUNAL-II AT HYDERABAD} DATED^{THIS THE19th DAY OF SEPTEMBER'2024} PRESENT:^{SH. RAMESHWAR KOTHE,B.COM.,L.LB. (HONS.), M.A.} PRESIDING OFFICER

¶2

ORIGINAL^{APPLICATION No: 851 OF 2023}

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HDFC Bank^Ltd., Havina its office^{at BankHouse,} # 63:246 & 6-3-244/A,^{6'n Floor,} Roxana Palladium,^{Road No.1,} Banjara Hllls,^{Hyderabad-500034} Rep. by its^{Authorized Signatory.}

¶4

.....Applicant.

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Versus

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Mr.Ankireddy^{Harlnatha Reddy} S/o.A. Erikala^ReddY, Aged about 52^{Years, Occ:Business,} R/o. H. No.1-4-30,^{Gopi Vihar Colony,} Near Poolaangal^Circle, Pulivendula Village &^Mandal, Cuddapah District -^516390,

¶7

lvlrs.Ankireddy Anjani W/o.A. Harinatha^ReddY, Aged about 44 Years,^{Occ: Housewife,} R/o. H. No.1-4-30, GoPi^{Vihar Colony,} Near Poolaa ngal^Circle, Pulivend u la Village &^Ivlandal, Cuddapah District -^516390.

¶8

Mr.Ankireddy^{HariPrasadReddy} S/o.A. Surya^{NarayanaReddy,} Aged about 39 Years, Occ:^Business, R/o.H.No.2-22, Krishnamgari^Palli(v), Agadu ru, Thondur(M), Cuddapah District -^516421.

"'Derendants h**t"

oA.NO.851/2023

Counsel for the Applicant

¶13

Defendants

¶14

M/s. M. Srinivas Reddy

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Ex-parte

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:: ORDER::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.48,46,230.93ps from the defendants joinuy and severally together with @ 10.75% p.a. from 07.07.2023 (Cash Credit & DOD Loan Facility) the statement date to the date of Award/Decree and thereafter @ 1go/o p.a. compounded with monthly rests from the date of application ti the date of realization along with costs and in default for sale of OA schedule properties.

¶18

Summons served on Dl and 3. They were set ex-parte on 09.09.2024 as called absent and no representation.

¶19

The Applicant Bank examined D.Suresh, Deputy Legal Manager, as AW-1 and marked 11 documents through him as Ex.A.l to Ex.A. 11.

¶20

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 against the Defendants and OA schedule properties? ffiu*n

¶23

oA.NO.851/2023

¶24

¶25

As stated supra, the Defendants remained ex_parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs.A.1 to A.11 marked on behalf of the Applicant Bank clinches the craim of the Appricant Bank against the Defendants. Hence, I hold that the Defendants are joinfly and severally liable to pay the oA craim to the Appricant Bank with future inte(Erc and costs.

¶26

In the resutt, the present Original Application No.g51/2023 is allowed as under: _

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i) Tne ants are iointl

¶28

riaore^? and severarv ro ,n" ;r;;;'

¶29

R..4e^:1pay Bank a sum of ""'"':o!''1',83p;^{;;" ilt}

¶30

,,,,,n Jo1,J I,^: ii."".l",j:^;:::, ffi,;';,f

¶31

ii) the oA

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i*d+"iffir**T debU --^('re sarne to rea,ise i.,

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iii) the appli< against oul]n is also enti,e, to proceed ,","no"r,i1l..lll, ;,;"';:: rearization or "o^I'r"irl"'"t iv) tiru uppri.alror

¶34

B. is entitred ror the costs. .rnu^{ooo,,.urr Bank} ,. ,:::.t:rrom rhe *" ";;;,'::,;i",::,;W;thin 2 weeks

¶35

oA.NO.851/2023

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Issue^{Recovery Certificate accordingly'}

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Communicate (Dictated^{to the steno, a copy to"ttt"a' of this} ''JtJi^{order ina pronount"d to the parties by me in concerned'the open courton} it,rii'"^{1s" Day of september'2024)'}

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//W^ ESHWAR^KOTHE) 'pnisror^rc oFFICER

¶39

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Hdfc Bank Ltd., v. Ankireddy Harinatha Reddy

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Ankireddy Harinatha Reddy

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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