Allowed

Icici Bank Limited v. Pulse Multispeciality Hospital

DRT29 Aug 2024OA/897/2023

Case brief

AI extract

What is this about?

DT-II Hyderabad allowed an original application filed by ICICI Bank Limited for recovery of a sum of Rs.29,35,599/- with interest and costs, declaring the defendant hospital and proprietor jointly and severally liable as the defendants remained ex-parte.

What did the court decide?

Defendants ordered to pay Rs.29,35,599/- with 10.5% p.a. simple interest from date of application; Recovery Certificate issued; Costs awarded.

Icici Bank Limited versus Pulse Multispeciality… — 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 29TH DAY OF AUGUST, 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: 897 OF 2023

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ICICI Bank Limited ICICI Towers, Gachibowli, Serilingampally Mandal, Ranga Reddy District. Rep. by its Authorized Siqnatory.

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...Applicant

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Versus

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Pulse M ultispeciality Hospitat, Rep by its Proprietor Adavath Nageshwar Rao, Near Flyover, Sagar Bypass, Hanumanpet, Nalgonda - 506206.

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Adavath Nageshwar Rao, S/o Hamji Adavath, Age 43 Years, Occ: Setf Employed, C/o Pulse Multispeciality Hospitat, Near Flyover, Sagar Bypass, Hanuman pet, Nalgonda - 506206.

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...... Defendants

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Counsel for the Applicant : Lotus law Associates

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Defendants : Ex-parte

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery of a sum of Rs.29,35,599/- from the defendants joinuy and severa y with ey**

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OA.No.897/2023

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future interest^{@ 10.5cloP a} compounded^{with monthlyrests from} date of^{reatisation alongwithcosts'} the date of^{aPPlicationIill the}

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Summon^{served on D1 and} 2 through^{paper publlcation. They were} as called^{absentand no representation'}

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set ex-Parte^{on 13.062024}

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N. Cha ndrasekhar,^Regional

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1. The Applicant^Bankexamined marked 05^{documents through}

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Relationship^{Manager as AW-1and} him as^{Ex. A.1 to Ex. A,5.}

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Ld. Counsel for^{the ApplicantBank stated} orders may^be Passed^on merits and^{perused the materialplaced on} record.

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

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Whether the^{Appticant Bank is entitled for} the claim^{made in the OA against the} Defendants2

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6, As stated supra,^{the Defendantsremained ex-parte The Evidence} Affidavit coupled^{withthe recitals in the documents viz} '^{Exs A l to} A.5 marked on^{behalf of the Applicant Bank clinchesthe claim of the} Applicant Bank against^{the Defendants. Hence, I hold that the} Defendants are^{jointly and severally liable to pay the OA claim to} the Applicant^{Bank with future interestand costs'}

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In the result, the^{present Original Application No'897/2023is} 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.29,35,599/-with future} interest @ 10.50o/o^p.a. simple,^{from the dateof} application till^{the date of realization;} dry.o*r-

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OA.No.897/2023

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ii) the applicant bank is also entiUed to proceed against

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the person and properties of the defendant for realization of its dues;

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iii) the applicant bank is entiUed 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.

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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., transcribed by him, corrected, iigned and pronounced by me in the open court on this the 29th day of August, 2024) .

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dW*'u (hfMESHWAR KorHE) PRESIDING OFFICER

Icici Bank Limited v. Pulse Multispeciality Hospital

Case brief

What is this about?

What did the court decide?

Icici Bank Limited v. Pulse Multispeciality Hospital

Case brief

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What did the court decide?

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