Allowed

Hdfc Bank Ltd., v. M/S Excel Auto Care

DRT28 Mar 2025OA/160/2024

Case brief

AI extract

What is this about?

The DRT allowed HDFC Bank Ltd.'s Original Application for recovery of Rs. 1.71 crore from five defendants. The defendants were set ex-parte due to non-appearance. The tribunal held the bank entitled to the claim secured by mortgage properties, permitting proceedings against persons and other properties for realization of dues and granted costs.

What did the court decide?

The Defendants are jointly and severally liable to pay Rs. 1,71,46,432.43 with future interest; OA claim secured by mortgage properties; entitled to proceed against persons and properties for realisat

Hdfc Bank Ltd., versus M/S Excel Auto Care — Banking and Recovery | DRT (2025)

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IN THE^{DEBTSRECOVERYTRIBUNAL-IIAT HYDEMBAD} DATED^{THIS THE 28th DAY OF MARCH' 2025}

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PRESENT:^{SH. RAMESHWAR KOTHE,B.COM.,L.LB. (HONS.), M.A.} PRESIDING^OFFICER

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ORIGINAL^{APPLICATION NO: 160 OF 2024}

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HDFC Bank^Ltd., Havino its offlce at^{# 1-10-60/3,} 3'd Flolr, Suryodaya^comPlex, BequmPet,^{SecunderabadMandal,} Hvderabad^{- 500016.} nep. by its^{Authorized Signatory'}

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.....Applicant.

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Versus

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M/s.Excel^{Auto Care.,} Represented by^{its Proprietor Mr'PuvvadaAnji,} Sv.No.27 and^{29, RaParthi Nagar}

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Bypass Road,^{Khammam,Tela nqa na-50 7 0 0 2 '}

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lvlr. Puvvada Anji,

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S/o. Mr.Krishna^Puvvada, H. No.5- 1-553,^{KavirajNagar,} Near R and B Office,^Khanpuram Haveli, Khammam,^Telangana -^507002.

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N4 rs. Puvvada Am^rutha,

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D/o. Mr. Umamaheshwara^RaoKamagala, H.No.5-1-553,^{KavirajNagar,} Near R and B OFflce,^KhanPUram Haveli, Khammam,^Telangana -^507002.

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l,lr.Puvvada Krlshna,

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S/o.14r.Chinna^{NarasimhaRaoPuvvada,} 5-1-553, Kaviraj^Nagar, Near R and B Office,^KhanPuram Haveli, Khammam, Telangana -^507002. ... Defendants

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Counsel for the ApPlicant : M/s. N. B.Sudarshan

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Defendants : Ex_parte OV**

oa.No.760/2024

ORDER

The Applicant Bank filed the present oA for the recovery a total sum of Rs.1,71,46,432.43ps from the defendants joinuy and severally with future interest 624o7o p.a. 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 served on D1 to 4. They were set ex-parte on

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09.07.2024 as ca ed absent and no representation.

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The Applica nt Bank examined Sumaya Shaik, Legal Manager, as AW- 1 and marked 13 documents through her as Ex. A.1 to Ex. A.13.

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Ld. Counsel for the Applicant Bank reported orders may be

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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 entj ed 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.13 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence. I hold that the Defendants are joinfly and severally liable to pay the OA claim to the Applicant Bank with future interest and costs. ,k>s

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oA.NO.16o/2024

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In the result, the^{present Original Application No'160/2024} allowed as under:^-

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i) The Defendants are^{jointly and severally} liable to^pay to the^{Applicant Bank a sum of} Rs.!,71,46,432.43ps with^{future interest} @9.5olo^{p.a. simplefrom 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^{proceedagainst 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 entitledfor the costs.}

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B. The Applicant Bank^{is directed to file Cost Memo within2 weeks} from the date of^{receipt of this Order.}

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Issue Recovery Ceftificate^accordingly'

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Communicate a^{copy of this order to the parties concerned'} (Dictated to the steno, corrected,^{signedand pronounced by me in the open court on} this the 28th Day^{of March, 2025).}

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Dw"o lnlrMesHwnR^KorHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. M/S Excel Auto Care

Case brief

What is this about?

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Hdfc Bank Ltd., v. M/S Excel Auto Care

Case brief

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