Allowed

Hdfc Bank Ltd., v. Mr.Nadipalli Avinash

DRT27 Sept 2024OA/97/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by the Applicant Bank for recovery of Rs. 20,00,000 along with future interest and costs against the defendant who remained ex-parte. The Tribunal issued a recovery certificate in favor of the bank.

What did the court decide?

Defendant directed to pay Rs. 20,00,000 with future interest at 17% p.a. and costs; Recovery Certificate to be issued.

Hdfc Bank Ltd., versus Mr.Nadipalli Avinash — DRT (2024) — LawSathi Research

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IN THE^{DEBTSRECOVERYTRIBUNAL-II AT HYDERABAD} DATED^{THIS THE 27TH DAYOF SEPTEMBER'2024}

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PRESENT:^{SH. RAMESHWAR KOTHE,B.COM.,L.LB. (HONS.), M.A.} PRESIDING^OFFICER

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Original^{APPlicatlon No: 97 oF 2023}

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HDFC BANK^Ltd., One of^{its Branch office at 1-10-60/3,} 3rd Floor, SurYodaya^ComPlex, Begumpet,^{HYderabad- 500 016,} Rep. by^{its Legal Manager.}

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...Applicant

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Versus

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Mr. NadiPa^{lli Avinash} S/o. Sanjeeva^Rao, Aqed about^{35 Years, Occ:Business,} RTo.FIat No.2O2,^{Rohit SwarnaSai Apts,} Bagh Ameeri,^KukatPallY, Hyderabad -⁵⁰⁰⁰⁷²

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Also at:Mr.NadiDalli Avinash C/o.H.No.15-21-7,^{Near HDFC ATI4,} Balaji Nagar,^KukatpallY, Hyderabad -^500072.

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Also at:Mr.Nadipalli^Avinash C/o. H.No.2-39,^{ShivalayamRoad,} Marlapadu, Khammam -⁵⁰⁷³⁰³ '

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... ... Defenda nt

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Counsel for the^{APPlica nt} : M/s.lvl.srlnivas^ReddY

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Defendants

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. Ex _ ? arte /rfttY.q^;,,,</sup>

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OA.No.97l2023

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The Applicant Bank filed the present oA for the recovery of a sum of

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Rs.20,00,000/- from the defendant with future interest @ 18o/o p.a.

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from the date of filing application till the date of realisation along

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with costs.

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Summon served on sole defendant through paper publication and

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was set ex-pa rte on 24.05.2023 as called absent and no

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representation.

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The Applicant Bank examjned M.Meenakshi, Legal Ma nager as AW-1 and marked 11 documents through her as Ex. A. 1 to Ex. A.1^'l . I4s.Sumaya Shaik, Legal Manager as Aw-2 and marked 03 documents through her as Ex. A.12 to Ex. A.14

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Ld. Counsel for the Applicant Bank stated orders may be passed on

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merits and 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 Defendant?

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As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.14 marked on behalf of the Applicant Bank 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 Bank with future interest and costs. , /ffil,tY

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OA.No.97l2023

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In the result, the present Original Application No.97/2023 is allowed as under: -

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.20,00,000/- with future interest @ 17% p.a. simple, from the date of application till the date of realization;

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

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iii) 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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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, signed and pronounced by me in the open court on this the 27'h day of September, 2024) .

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Aw*.ru"\ /^// '-Div (RhaMESHWAR KorHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mr.Nadipalli Avinash

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mr.Nadipalli Avinash

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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