Allowed

Union Bank of India v. Mrs. Rafat Fatima

DRT12 Aug 2025OA/153/2025

Case brief

AI extract

What is this about?

In OA.No.153 of 2025, the Debts Recovery Tribunal allowed the applicant bank's claim for recovery of outstanding loan dues totaling approx. Rs. 33.49 lakhs against three defendants, noting their default and allowing action against mortgaged property.

What did the court decide?

OA allowed; respondents jointly and severally liable to pay Rs. 33,49,194 plus interest; recovery certificate issued.

Union Bank of India versus Mrs. Rafat Fatima — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I AT HYDERABAD DATED THIS THE 12IH DAY OF AUGUST, 2025

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PRESENTI sRI GUMMADI GoPICHAND, PRESIDING oFFICER

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OA.No.153 OF 2O2S

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Between:

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Union Bank of India, (E-Andhra Bank), H.No.2-3- 188, Shopno.S6, Opp new Bus stand, Main road, Narayankhed - 502 296. TS. Represented by its Branch Head

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Applicant

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VERSUS

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Mrs. Rafat Fatima, W/o Syed Abdul younas, Aged 43 years, female, _D.No.1-4-134,^{Near post office,} Ithwarpet, near SBH,

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Narayankhed - 502 286. Sangareddy, TS.

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z. Mr. Syed Abdul younus, s/o Syed Abdul Gaffar, aged 45 years, male, D.No.1-4-134, Near post office, Ithwarpet, near SBH, Narayankhed - 502 286. Sangareddy, TS.

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Mr. Syed Idrees, s/o Syed Abdul Gaffari' male, D.No.1-4-L34, Ithwarpet, near SBH, Sangareddy, TS. I^r z rul,'ffq

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*' ndants

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(oA.No. 1s3l 2025)

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Counsel for the Pa rties:

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For the Applicant For the Defendants

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Sri Srinivasa Rao Chakrala

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Ex pa rte

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ORDER

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The Applicant Bank filed the present OA against Defendants for recovery of a total sum of Rs.33,48,194/- (Rupees Thirty three Lakhs Forty Eight Thousand One Hundred and Ninety Four

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only) i.e.,

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a) A sum of Rs.19,68,289.16ps in loan account no,223230t00016248 with interest @ 8.50o/o p.a from 01.O4.2025 till the date of realization;

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b) A sum of Rs.6,14,041/- in loan account no.223230lOOOL942l with interest @ 9.60% p.a from 01.04,2025 till the date of realization;

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c) A sum of Rs.4,38,963/- in loan account no.223216590000017 with interest @ 9.00o/o p.a from 01.04.2025 till the date of realization;

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d) A sum of Rs.1,66,934l- in loan account no.223216440000039 with interest @ ll.2o/o p.a from 0t.04.2025 till the date of

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rea lization;

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e) A sum of .30ps in loan accou nt 't. no.223215 $bOOOzg with" iQte @ MCLR +0.650lo^p.a from .: a- 01.04.20 *till the date of reali ,r 12 ilfr ?M .:J Eq i!1 a \4x 2^ .ry W

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(oA.No. 1s3/ 202s)

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and in deFault for sale of mortgaged property as mentioned in the schedule to OA.

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As per the averments in the application, the Applicant Bank states that Defendant no.1 and 2 are applicant and co-applicant and defendant no.3 stood as guarantor availed loan of Rs.25.00 lakhs and executed composite agreement, general form of guarantee and memorandum of deposit of title deeds no.3732/20L7 and deposited original sale deed no.40345/2016 dated 10.10.2016. The defendants also availed Rs.6.00 lakhs for repairs and renovation of the house and availed a sum of Rs.5.00 lakhs to meet personal expenses. After availing the loan facilities, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NPA and issued notices. Inspite of several requests and demands, the defendants did not clear the outstanding. Hence this oA.

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Defendants called absent and set exparte on 23.07.2025.

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Sri K. Lalteja, AssistantManager of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, which are marked as Ex.A.1 to A.43.

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Heard the Ld.

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*
12 AUA 7ffi

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(oA.No. 1s3l 202S)

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The point that arise for consideration is whether the Applicant Bank is

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entitled for the claim made in the OA against the Defendants as prayed for?

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Defendants remained exparte. To substantiate the case of the Applicant Bank, AW.1., official of the Appricant Bank was examined and he exhibited rerevant documents as Ex.A1 to A.43. In view of the a.bove, I hord that the Appricant Bank has estabrished their craim made in the oA against the Defendants and hence the Appricant Bank is entitled to recover the claim made in the oA with future interest and costs.

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B. In the result, the present OA is allowed with costs, as under: The Defendants are jointry and severaily riabre to pay to the Appricant Bank a total sum oF Rs.33,49,194l_ (Rupees Thirty three Lakhs Forty Eight Thousand One Hundred and Ninety Four only) i.e.,

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A) A sum of Rs.19,6g,289.16ps in loan accou nt no.223230700016248 with interest @ 8.50o/o p.a from 07.04.2025 till the date of realization;

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B) A sum of Rs.6,14,041/- in loan account no.223230100019421 with interest @ 9.600lo p.a from OL.O4.2O2S till the date of

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(OA.No. 1s3/ 202s)

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C) A sum of Rs.4,38,963/- in loan account no.2232t6590000017 with interest @ 9.00o/o p.a from 01,04,2025 till the date of realization;

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D) A sum of Rs.1,66,934/- in loan account no.2232t6440000039 with interest @ tl.2o/o p.a from 01.04.2025 till the date of realization;

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E) A sum of Rs.1,59,966.30ps in loan account no.223215}300000029 with interest @ MCLR +0.650/o p.a

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from 01.04.2025 till the date of realization;

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The Applicant Bank is entitled to proceed against the mortgaged property as mentioned in the schedule to OA towards realization of the debt due;

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The Applicant Bank is also entitled to proceed against the person and properties of defendants towards realization of the debt due.

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The Applicant Bank is entitled to the costs of the OA.

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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Issue Recovery certificate accordingly.

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t4. Communicate a copy of the order to the parties concerned.

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(Dictated to the P.A., transcribed by her, corrected, signed and pronounced by me in the open court on thisthB_41-da{ of Aus, 2025)

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sd/_ (G. GOPTCHAND) i'RUE COP PRESIDING OFFICER ,sst

Union Bank of India v. Mrs. Rafat Fatima

Case brief

What is this about?

What did the court decide?

Union Bank of India v. Mrs. Rafat Fatima

Case brief

What is this about?

What did the court decide?

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