Allowed

Hdfc Bank Ltd., v. Byreddy Krishna Ramachandra Reddy

DRT4 Apr 2025OA/154/2024

Case brief

AI extract

What is this about?

The Applicant Bank filed an Original Application for recovery of a loan sum of Rs.22,08,347.67 with interest from respondents, who appeared ex-parte. The Presiding Officer accepted the evidence and held respondents jointly and severally liable. The OA was allowed directing payment, realization against mortgaged and other properties, and award of costs.

What did the court decide?

Direction to pay Rs.22,08,347.67 with future interest; entitlement to proceed against mortgaged and person/properties; costs awarded.

Hdfc Bank Ltd., versus Byreddy Krishna Ramachandra Reddy — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-]I AT HYDERABAD

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DATED THIS THE O4TH DAY OF APRIL, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (Hons.), 14.A.

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 154 OF 2024 \

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HDFC Bank Ltd., I Having its office at Bank Housl # 6-3-246 & 6-3-2441A, 6th Ftoor, Roxana Palladium, Road No.1, Banjara Hills, Hyderabad - 500034. Rep. by its Authorized Signatory.

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....,Applicant.

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Versus

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Mr.Byreddy Krishna Ramachandra Reddy, S/o.Narsi Reddy, Aged about 61 Years, Occ: Farmer, R/o. H. No.8- 12- 171, Vidya Naga r Street, Allagadda, Kurnool District - 518543.

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lvlr.Byreddy Vidya Kumar Reddy, S/o. B. Pa rameshwara Reddy, Aged about 39 Years, Occ: Business, R/o.H.No.3-108, R la m buladinne Village, Uyyalawada lYandal, Kurnool District-518155.

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... Defenda nts

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Counsel for the Applicant : Mr.M.Srinivas Reddy Defendants : Ex-parte

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::^g_Lq_L& ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.22,08 ,347 .67 ps from the defendants jointly and severally with @ 120lo p.a. from 23.77.202; (cash credit & DOD VAYI--<<,,

,/'^'un-

oA.NO.1s4l2024

Loan facilities) the statement date to the date of award/decree and thereafter @18o/o p.a. compounded with monthly rests from the date of application till the date of realization along with costs and in default for sale of OA schedule properties.

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Summons sent to D1 returned with endorsement refused hence, deemed to be served, whereas summons served on D2. They were set ex-parte on 28.06.2024 as called absent and no representation.

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The Applicant Bank examined D.Suresh, Deputy Legal Manager, as AW-1 and marked 11 documents through him as Ex. A.1 to Ex. A.11.

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Ld. Counsel for the Applicant 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 claim made in the OA against the Defendants and OA schedule properties?

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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.11 marked on behalf of the Applicant Bank 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 to the Applicant Bank with future interest and costs.

ry(r$

oA.NO.ts4l2024

In the result, the present Original Application No.L54/2024 is

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allowed as under: -

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i) The Defendants are joinfly and severally liable to pay to the Applicant Bank a sum of Rs.22,08,347.67ps with future interest @10.05o/o 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 properties described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its deb|

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

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iv) the applicant bank is entiUed for the costs.

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ti. 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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C^ommunicate 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 04ih day of April, 2025).

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,^{,,t r!} . .,_

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Byreddy Krishna Ramachandra Reddy

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Byreddy Krishna Ramachandra Reddy

Case brief

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What did the court decide?

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