Allowed

Canara Bank v. Smt. Boddepalli Nirmala

DRT13 Nov 2025OA/155/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed a recovery application filed by Canara Bank against three defendants for a principal sum of Rs.61 lakhs arising from term and housing loans, declaring them jointly liable and permitting action against secured assets.

What did the court decide?

Defendants ordered to pay Rs.61,00,766/- with interest; entitlement to proceed against hypothecated/mortgaged properties; Recovery Certificate issued.

Canara Bank versus Smt. Boddepalli Nirmala — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRTBUNAL -I AT HYDERABAD DATED THIS THE 13th DAY OF NOVEMBER, 2025

¶2

PRESENT: sRt cuMMADt coptcHAND, pREStDtNG oFFtcER

¶3

OA. No. 155 OF 2025

¶4

Between :

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Canara Bank, Hi-Tech AF Abids Branch, Hyderabad - 500 001,

¶6

Represented by its Authorized Officer

¶7

Applicant

¶8

VERSUS

¶9

Smt. Boddepalli Nirmala, Wo Mr. Sura Mohan Rao, Aged about 64 years, Occ: Business. R/o. H.No. 1-g-2\Zlgt26, euarter No. 26, MCH East Parsigutta,

¶10

Hyderabad - S00 036.

¶11

Also At :

¶12

Flat No. 401, Ward No. g Block No. 7, Situated at RKR Enclave, lndraprastha Colony, Karmanghat, Saroornagar Mandal under GHMC LBNar Ranga Reddy District - 5OO 03S. i

¶13

.., " :i, if

¶14

ilot, 2it$

¶15

(oA. No. 7ssl2o2s)

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2. Sri. Sura Sree Harsha,

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S/o Mr. Sura Mohan Rao,

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Aged about 38 years, Occ: Student,

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R/o. H.No. 1-g-2\2tglA6, euarter No. 26, MCH East^parsigutta,

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Hyderabad - 500 036.

¶21

Also At :

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H.No. 7-03,^patel Road, Shadnagar, Farooqnagar Mandal, Mahabubnagar District, Telangana State - SOg 216.

¶23

Sri. Sura Mohan Rao,

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S/o Mr. S Narasimhulu,

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Aged about 65 years, Occ: Business. R/o. H.No. 1-g-Zg2tgt26, euarter No. 26, MCH East^parsigutta,

¶26

Hyderabad - S00 036

¶27

Also At :

¶28

Flat No. 401, Ward No. g Block No. 7, Situated at RKR Enctave, lndraprastha Colony, Karmanghat, saroornagar Mandar under GHMC L B Nagar circre Ranga Reddy District - S0O 035.

Defendants

:
.;
2

(OA. No. 1ss/202s)

Counsel for the parties :

¶33

ForTheApplicant	A.Sravanthi,
Forthe Defendants1and2	Exparte
Forthe Defendant3	P.Ravi
Reservedon	10.11.2025
Pronouncedon	13.11.2025
Uploadinwebsiteon	13.11.2025

¶34

ORDER

¶35

The Appricant Bank fired the present oA against Defendants for recovery of a total sum of Rs.61,00,766/_ (Rupees Sixty One Lakhs Seven Hundred and Sixty Six Only) i.e a sum of _

¶36

(i) Rs.14,14,543.82 Ps (Rupees Fourteen Lakhs Fourteen Thousand Five Hundred Forty Three and paise Eighty Two Only) as on 08.04.2025 with interest @ 12.75% p.a with monthty rests from the date of this application tiil the date of rearization;

¶37

(i) Rs.46,86,222.19 Ps (Rupees Fofi Six Lakhs Eighty Six Thousand Two Hundred Twenty Two and paise Eighteen Only) as on 98S4,?025 with interest @ 11vo p.a with monthty rests flom the q.atB of,this apptication tiil the date of reatization; i' '. .:^.'F. :.^'' .' ,. ,1i^{liii,l??rys "l} : '3 ,t,,., . ;1.i' ... :::

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(oA. No. 1ssl202s)

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and in default for sale of Hypothecated Movables and Mortgaged Property as mentioned in the part A and B of Schedule to OA.

¶40

As per the averments in the application, the Applicant Bank states that Defendants availed Term Loan of Rs.49,50,000/_ and exexuted^particulars Vehicles/ Machinery/ EquipmenU Livestock,etc. Hypothecated on 2g.og.2o1s. The Defendants again avaired Housing Loan of Rs.52,00,000/- on22.0g.2016. The Defendant No.1 created equitable mortgage morefully mentioned in Schedute to OA by depositing originat tifle Deed to the Applicant Bank. After avairing the roan facirities, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NpA and issued Demand notice on 07.04.2025 under Section 13(2) of SARFAEST Act, 2002 . tnspite of several requests and demands, the defendant did not clear the outstanding. Hence this OA.

¶41

Sri. P.Ravi filed Vakalat on behalf of Defendant No.3 . Even after the lapse of 45 Days WS of D3 not filed and hence the right of filing of WS of D3 forfeited on 01.09.2025. Defendants No. 1 and 2 called absent and set exparte on 11.0g.2025.

¶42

Sri. C.N Swamy, Authorized Officer of the Applicant Bank examined himself as AW.1 and exhibited relevant documents, Ex.A.1lo A.22.

¶43

.',a' 5. -^Heard for the Appticant Bank. 13H|iV?M

¶44

¶45

(oA. No. 1ss/202s)

¶46

The point that arise for consideration is whether the Applicant bank is entifled for the claim made in the OA against the Defendants as prayed for?

¶47

Defendants No. 1 and 2 remained exparte and Defendant No.3 not fired his ws even after avairing sufficient time. To substantiate the case of the Applicant Bank, AW.1, official of the Applicant Bank was examined and he exhibited relevant documents as Ex.A.1 to A.22. ln view of the above, I hold that the Applicant Bank has established their claim made in the OA against the Defendants and hence the Applicant Bank is entifled to recover the claim made in the OA with future interest and costs.

¶48

ln the result, the present OA is allowed with costs, as under :

¶49

The Defendants No. 1 to 3 are jointly and severally liable to pay to the Applicant Bank a total sum of Rs.61,00,766/- (Rupees Sixty One Lakhs Seven Hundred and Sixty Six Only) i.e a sum of-

¶50

(i) Rs.14,14,543.82 ps (Rupees Fourteen Lakhs Fourteen Thousand Five Hundred Forty Three and paise Eighty Two Only) as on 08.04.2025 with interest @ 12.75% p.a from the date of till the date of realization;

¶51

5 13 il{iu ,tfr

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(oA. No. tss/zozs)

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(i) Rs.46,86,222.18 ps (Rupees Forty six Lakhs Eighty six Thousand rwo Hundred rwenty Two and paise Eighteen Only) as on 08.04.2025 with interest @11o/o p.afrom the date of this application till the date of realization;

¶54

The Applicant Bank is entifled to proceed against the Hypothecated Movables and Mortgaged Properties mentioned in the Part A and B of Schedule to the OA towards realization of the debt due.

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The Applicant Bank is also entifled to proceed against the person

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and properties of defendants No. 1 to 3 towards realization of the debt due.

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That Applicant Bank is entifled to the costs of the oA.

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

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lssue Recovery Certificate accordingly.

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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 this the 13th day of Nov, 2025)

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sd/(c. GoPtcHAND) PRESIDING OFFICER

Canara Bank v. Smt. Boddepalli Nirmala

Case brief

What is this about?

What did the court decide?

Canara Bank v. Smt. Boddepalli Nirmala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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