Allowed

Uco Bank v. Smt.Mauram Rajitha

DRT21 Feb 2025OA/138/2022

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of a balance claim against defendants. After partial realization through auction under the SARFAESI Act, the court ruled defendants are liable to pay the remaining amount with interest and costs, issues a Recovery Certificate, and directs proceedings against their properties for the balance dues.

What did the court decide?

Directs defendants to pay balance dues with interest; issues Recovery Certificate; allows bank to proceed against persons and properties.

Uco Bank versus Smt.Mauram Rajitha — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD DATED THIS THE 21ST DAY OF FEBRUARY, 2025

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PRESENT: SH. RAIVIESHWAR KOTHE, B.Com., L.LB. (Hons.), M.A.

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 138 OF 2022

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UCO Bank., Bandlaguda Bra nch, GSI Complex, Ba ndlaguda, Nagole, Hydera bad. Rep. by its Senior Manager.

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.....Applicant.

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Versus

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Smt. Mauram Rajitha,

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W/o.Boya Shaik Shava li,

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H. No.1-44l 1, Sy.No.229lAA,

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Bommaraspet Village, Shamirpet I4anda l,

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Medchal - I4alkajgiri - 500078.

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Also at:-

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H. No.6- 1-27, Plot No.122,

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Sai Rm Ngar Colony, Hydershakote, Rajendranagar, Ranga Reddy - 500008.

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Boya Shaik Shavali,

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S/o. B.Adiba lan na,

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H. No.1-44l 1, Sy.No.229lAA, Bommaraspet Village, Shamirpet lvlanda l,

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lvledchal - 14alkaigiri - 500078.

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Also at:-

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H.No.6-1-27, Plot No. 122, Sal Rm Ngar Colony, Hydershakote, Rajendranagar, Ranga Reddy - 500008.

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... Defendants

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Counsel for the Appllcant : Smt.A.Nandini Reddy Defendants ,r--r"rpp

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oa.No.73a/2022

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.74,11,274/- frcm the defendants joinfly and severally with future interest @7.400/0 p.a. from the date of application till the date of realization along with costs and in default for sale of OA schedule property.

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Summons served on D1 and 2 through paper publication. They were set ex-parte on 72.09.2022 as called absent and no representation.

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The Applicant Bank examined Borate Neeta Shyam, Senior Manager, as AW-1 and marked 10 documents through him as Ex. A.1 to Ex. A. 10.

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Applicant bank filed part satisfaction memo dated 7A.72.2024 reporting that the bank reallzed the amount of Rs.67,49,OOOIin the auction proceedings held on 04.07.2022 under the SARFAESI ACt.

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ld. Counsel for the Appllcant 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 balance claim against the Defendants?

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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.10 marked on behalf of the Applicant Bank

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?fx'\P

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oA.NO.138/2022

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clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are jointly and severally liable to pay the OA claim, Less Rs.67,49,000/- being the amount realised by way of sale of OA schedule property, to the Applicant Bank with future interest and costs.

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In the result, the present Original Application No.13g/2022 is allowed as under: -

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i) The Defendants are joinUy and severally liable to pay to the Applicant Bank a sum of Rs.74,Lt,274l- Less Rs.67,49,000 /- realized under SARFAESI Proceedings with future interest @8.45olo 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 defendants for realization of its balance dues;

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iii) the applicant bank is entifled 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 accord ing ly.

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Communicate a copy of this order to the parties concerned. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 21't day of February, 2025).

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ESHWAR KOTHE) PRESIDING OFFICER

Uco Bank v. Smt.Mauram Rajitha

Case brief

What is this about?

What did the court decide?

Uco Bank v. Smt.Mauram Rajitha

Case brief

What is this about?

What did the court decide?

What the court decided

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