Allowed

Canara Bank v. Mr. D M Mahabbob Sab

DRT1 Aug 2025OA/204/2025

Case brief

AI extract

What is this about?

In Original Application No. 204/2025, Canara Bank sought recovery of Rs. 48,49,505/- with interest from three defendants. The defendants remained ex-parte. The Presiding Officer held the bank's evidence sufficient and allowed the application, imposing joint and several liability and directing the issuance of a Recovery Certificate.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 48,49,505/- with interest; OA claim secured by mortgage; Recovery Certificate issued.

Canara Bank versus Mr. D M Mahabbob Sab — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.Ii AT HYDERABAD

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DATED THIS THE O15T DAY OF AUGUST, 2025

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

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PRESIDING OFFICER

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ORIGINAL APPLICATION No : 204 0F 2025

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Canara Bank., Rapthadu Branch ( 1851) Rapthadu Mandal, Andhra Pradesh-5757 22. Rep. by its Authorized Signatory.

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.... .Applica nt.

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Versus

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Mr. D. N4. Maha bbob Sab S/o. Immamb Sab D.M, 2 - 78 G Kothapalli, Rapthadu Ma ndal Ananthapuram District - 515722 Andhra Pradesh.

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C. Ba baiah, S/o. Siddappa Age 56 Years, Occ: Agriculturist G Kotha palli, Rapthadu l4andal Ananthapuram District - 515722 Andhra Pradesh.

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A.Rama lvlohan, S/o.A. Ra ma ppa Age 57 Years, Occ: Agriculturist G Kothapalli, Ra^pthad u Mandal Ananthapuram District - 515722 Andhra Pradesh.

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... Defenda nts

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Counsel for the Applicant

: lvl/s.M.V. KINI

Defendants

: Ex-parte

:: gLLLqL ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.48,49,505/- as on 7$O9.2921-trom the defendants /7ffs* 0'-

oA.NO.204/2025

jointly and severally with future interest @12olo p.a. 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 served on Dl to 3. They were set ex-parte on 04.07.2025 as called absent and no representation.

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The Applicant Bank examined Ragiri Venkata Krishna, Manager, as AW-1 and marked 21 documents through him as Ex. A.1 to Ex. A.21.

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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 entitted 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.21 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.

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In the result, the present Original AppJigation No.204l2025 is allowed as under: - ffi**

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oA.NO.204l2025

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i) The Defendants are^jointly and severally liable to pay to the Applicant Bank a sum of Rs,48,49,505/- as on 30.09.2024 with future interest @10o/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 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 entitled 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 accordingly.

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i0. 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 Ol't Day of August, 2025).

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iu#

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(RAMESHWAR KOTHE) PRESIDING OFFICER

Canara Bank v. Mr. D M Mahabbob Sab

Case brief

What is this about?

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Canara Bank v. Mr. D M Mahabbob Sab

Case brief

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