Allowed

Hdfc Bank Ltd. v. K N Murthy Kirana Market

DRT3 Jul 2025OA/209/2024

Case brief

AI extract

What is this about?

The Tribunal allowed the Original Application filed by HDFC Bank Ltd. for recovery of dues totaling Rs.28,12,318.68. The Bank was held entitled to future interest, costs, and to proceed against defendants and mortgaged property.

What did the court decide?

Defendants jointly and severally liable to pay Rs.28,12,318.68 with future interest; OA claim secured by mortgage; Recovery Certificate issued.

Hdfc Bank Ltd. versus K N Murthy Kirana Market — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD

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DATED THIS THE O3RO DAY OF JULY, 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 : 209 0F 2024

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H DFC Ban k Ltd., Having its office at # 1-10-60/3, 3'd Floor(34), Suryodaya Complex, Begumpet, Hyderabad - 500016. Rep. by its Authorized Signatory.

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... ..Applicant.

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Versus

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K.N Murthy Kirana Market Rep by its Proprietor, R/o.9-10-100 Pinnavari Street, Near Durgeshwara Swamy Temple, Girmajipet Wara ngal, Telangana - 506002.

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Also at:-

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K.N Murthy Kirana Market Rep by its Proprietor, R/o.12-8-306/11 Hunter Road, Near Santhoshimaths Temple, Warangal, Telangana-506002.

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Kamishetty Rani, 9- 10-100 Pinnavari Street, Girmajipet Warangal, Telangana - 506002.

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Kamishetty Venkateshwarlu 9-10-100, Pinnavari Street, Girmajipet Warangal, Tela ngana - 506002.

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Narsimha Murthy, 9-10-100 Pinnavari Street, Girmajipet Warangal, Telangana - 506002.

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... Defenda nts

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Counsel for the Applicant

:M/s.Srihari Bathina

Defendants

'r*-oun 1fu/#

oa.No.2o9l2o24

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.28,12,318.68ps towards Loan A/c. Nos. a372A]65, 4154276 & Credit Card 0001012670003882754 from the defendants jointly and severally with future interest @10.70olo, 9.25o/o & 2o/o p.a. along with interest @2olo p.m. from the date of application till the date of realization along with costs and in default for sale of OA schedule property.

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Summons served on D1 to 4 through paper publication. They were set ex-parte on 77.12.2024 as called absent and no representation.

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The Applicant Bank examined Sumaya Shaik, Legal tvlanager, as AW-1 and marked 07 documents through her as Ex. A.1 to Ex. A.O7 .

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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 polnt 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 property?

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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.07 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinuy and severally liable to pay the OA claim to the Applican9jank with future interest and costs. ///--.'/ /,/^..'r.9t' '

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oA.NO.209/2024

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In the result, the^present Original Application^{No.209/2024is} 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.28,l2,31B.68ps towards Loan A/c.^Nos' 83728165, 8154276 & Credit^Card 0001012670003882754 with future^interest @8.250lo^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^bankis 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^{within2 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 03'd Day of July, 2025).

¶38

ESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd. v. K N Murthy Kirana Market

Case brief

What is this about?

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Hdfc Bank Ltd. v. K N Murthy Kirana Market

Case brief

What is this about?

What did the court decide?

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