Allowed

Union Bank of India v. M/S. Naga SHiva Agencies

DRT17 Jun 2025OA/207/2025

Case brief

AI extract

What is this about?

The Debt Recovery Tribunal allowed the bank's Original Application for recovery of a loan amount of Rs.38,56,892.45 and related interest from the defendants jointly and severally, based on evidence presented ex-parte as defendants refused to appear.

What did the court decide?

Defendants ordered to pay Rs.38,56,892.45 plus future interest; loan secured by mortgaged property; recovery certificate issued.

Union Bank of India versus M/S. Naga SHiva Agencies — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDEMBAD DATED THIS THE 17TH DAY OF JUNE. 2025

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PRESENT: SH. MMESHWAR Ko.

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o*.t,or^[%tiB.t"fl "^{L'LB' (Hons')' M'A'}

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ORIGINAL APPLICATIoN No: 207 oF 2025

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Union Bank of India., Peddachintakunta Branch. D.No.7-333, peddachintakunta. Allagadda, Nandyat - 518543. Rep. by its^principal Officer and Manager.

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.....Applicant.

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Versus

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M/s. Naga Shiva Agencies., Rep by its^proprietor, H.No.5/85, Main Road, pedda Chintakunta Vi age, A aqadda Mandat, Nandyat - S r aSi:.

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Mr. D.Hussaianaiah, S/o.pedda Hussain, Aged 33^years, Male, Occ: Business, R/o.D.No.6-38, Thurpu Veedhi, Pedda Chinta kunta Village, Allagadda, Nandya I - 518543.

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Mr.M.Abdul Khadar, S/o.Kasham Sabu, Aged 69 Years, Male, Occ: Business, R/o. Peddach intakunta Village, Allagadda, Na ndyat - 518543.

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... Defenda nts

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Counsel for the Applica nt

M/s.N.V.Subba Raju

Defenda nts

Ex-parte

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.38,56,892.45ps towards Loan A/c. No. Zw"-'.,"

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-,7 _t,v^-

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oA.NO.207l202s

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2038311OOOooO25^{from the defendants jointly and severally} , ,u,r."^{interest@1120olo p awith monthly rests from} 31.l2.2OZ4till^{the date of realizationalong with costsand in} default^{for sale of OA scheduleproperty'}

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Summons returned^{with served endorsement on D1 and 2' refused whereas summons hence' deemed sent to to D3be} seNed.^{They were set ex-parte on 01 05 2025 as called absent} and^{no representation'}

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The Applicant^{Bank examined Ramajl Sudarshan'Branch} Manager,^{as AW-1and marked 12 documentsthrough him as} Ex. A.1^{to Ex. A 12} '

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Ld. Counsel^{for the ApplicantBank reported orders may be} passed through^{merits Perused the materialplaced on record'}

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The^{point that arises for considerationis:-}

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whether^{the Applicant Bank is entitled} for the^{claimmade in the OA against} the Defendants^{and OA schedule} ProPertY?

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As stated^{supra, the Defendants remained ex-parte'The} Evidence^{Amdavit coupledwith the recitalsin the documents} viz., Exs.A.1^{to A.12 marked on behalf of the ApplicantBank} clinches^{the claim of the Applicant Bank againstthe Defendants'} Hence, I^{hold that the Defendantsare jointlyand severallyliable} to^pay the^{OA claim to the Applicant Bankwith futureinterest} ,'7v?^ - -"^

,/,,,-<nn.L^.

and costs.

oA.NO.2071202s

In the result, the present Original Application No.2O7/2025 is 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.38,56,892.45ps towards Loan A/c. No. 203831100000025 with future interest @11.20olo 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 property 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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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 18th Day of June, 2025).

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PRESIDING OFFICER

Union Bank of India v. M/S. Naga SHiva Agencies

Case brief

What is this about?

What did the court decide?

Union Bank of India v. M/S. Naga SHiva Agencies

Case brief

What is this about?

What did the court decide?

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