Allowed

Union Bank of India v. Mr. Pathan Fairoz Khan

DRT11 Dec 2025OA/131/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's ex-parte application for recovery of a home loan debt, holding the defendants liable to pay the principal, future interest, and costs while confirming the security created by the mortgaged property.

What did the court decide?

Directing the defendants to pay Rs. 25,43,927.85 plus interest and costs; confirming recovery from mortgaged property and issuing a Recovery Certificate.

Union Bank of India versus Mr. Pathan Fairoz Khan — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 11th DAY OF DECEMBER, 2025 PRESENT: SH. RAMESHWAR KoTHE, B.com, L.LB, (HonS.), M,A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 131 OF 2024

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M/s Union Bank of India ( Erstwh ile Andhra Bank) NGO Colony Bra nch, Main Road, NANDYAL, Kurnool District, A. P. PIN - 518501 Rep. by its Chief tvtanager

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.... ..Applicant.

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Versus

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lvlr. Pathan Fairoz Khan, S/o Pathan Mabu Khan, Aged a bout 40 years, Occ: Business, R/o H. No.6-62 Ranga Raju Street, Nandya I Kurnool District 518501.

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lvlrs. Pathan Maimun Khathoon, W/o Pathan Fa iroz Khan, Aged about 40 years. Occ: Business, R/o H.No.6-62, Ranga Raju Street, Nandyal, Kurnool District, A.p_ 518501

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14r, Pathan Muman Khan, S/o Pathan Maha boob Khan, Aged about 48 years, Occ: Business, R/o H.No.9-121, Pathan Peta, Nandyal, Kurnool District, A.P. 518501

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.,.Defendants

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Counsel for the Applicant : Mr. N. V. Subba Raju Counsel for the Defendants : Ex-parte /fu;,,", :: ORDER ::/ L/>(.\t-

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oA.NO.131/2024

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The Applicant Bank flled the^{present OA for} the^{recovery a total} sum of Rs. 25,43,927.85^{ps/- from the defendants jointlyand} severally towards home loan facllity^with future^interest @^8.50 o/o per annum rate compounded monthly from the 01.01.2024 till the date of realization along with costs^{and in default saleof} OA schedule^property.

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Summon served on D1 to 3 through^{paper publication and set} ex-parte on 1O.t2.2025 as called absent and^{no representation.}

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The Applicant Bank examined Mr. P.Siva Sankar,^Senior Manager, as AW-1 and marked 09 documents through^himas Ex.A.1 to Ex.A.09.

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Heard the ex-parte argument from the Ld. Counsel oF the applicant. Perused the materlal^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 mortgaged propertY?

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As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs.A.1 to A.09 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are liable to pay the OA claim to the Applicant Bank with future interest and costs.

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In the result, the present Original Application No.131/2024 is a owed as under: - furv

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oA.NO.131/2024

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i) The Defendants are liable to pay to the Applicant Bank a sum of Rs. 25,43,927.85 psl- towards home Loan Facility with future interest @ 8.20olo 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 mortgage of property described in the schedule annexed to the OA and the applicant is entitled to proceed against the same to realise its debt;

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

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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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Issue Recovery Certificate according ly.

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Communicate a copy of this order to the parties concerned.

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(Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 11th Day of December, 2025)

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H/'"t MESHWAR KOTHE) PRESIDING OFFICER

Union Bank of India v. Mr. Pathan Fairoz Khan

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Mr. Pathan Fairoz Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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