Allowed

The Axis Bank Ltd. v. Mrs. Tholla Saritha

DRT14 Oct 2025OA/237/2025

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed the bank's application for recovery of dues jointly and severally against the defendants. The bank was entitled to interest and proceed against hypothecated assets or realization of its dues.

What did the court decide?

Allowed the OA allowing defendants to pay sum with interest, direction to proceed against hypothecated assets, and entitlement to costs. Issued Recovery Certificate.

The Axis Bank Ltd. versus Mrs. Tholla Saritha — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE 14TH DAY OF OCTOBER, 2025

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PRESENT: SH. RAN4ESHWAR KOTHE, B.Com., L.LB. (Hons.), 14.A.

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PRESIDING OFFICER

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ORIGINAL APPLICATION No: 237 OF 2025

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The Axis Bank Ltd., Having it Office at #5-4-183/184 3'd Floor, R P Road, Secunderabad-soooo3. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Mrs. Tholla Saritha, W/o. T Ashok Kumar Aged about 37 Years, Occ: Housewife R/o. H. No.14-3- 192/7212, Road No.25 Jaya Nagar Colony, Ballepalle Khammam District - 507002.

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Mr. Tholla Ashok Kumar, S/o. Kotaiah Aged about 40 Years, Occ: Business H. No.14-3- 192l12l2, Road No.25 Jaya Nagar Colony, Ballepalle Khammam District - 507002.

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Mr. Tholla Kotaiah, s/o. Bakkaiah Aged about 62 Years, Occ: Business H.No.14-3- 192/ 12l2, Road No.25 Jaya Nagar Colony, Ballepalle Khammam Distrlct - 507002.

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Tholla Nagalaxmi, W/o. Kotaiah Aged about 58 Years, Occ: Houswife H.No.14-3- 192l 12l2, Road No.25 Jaya Nagar Colony, Ballepalle Khammam District - 507002.

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...Defendants

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Counsel for the Applicant Defenda nts

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: M/s. M. Srinivas Reddy : tx-oarrefii6ro.*

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oA.NO.23712025

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.53,11,011/- from the defendants^jointly and severally with future interest @18o/o p.a. with quarterly interests from the date of application till the date of realization along with costs and in default for sale of hypothecated assets.

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Summons served on D1 to 4. They were set ex-parte on 01.08.2025 as called absent and no representation.

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The Applicant Bank examlned Syed Shafiuddin, Senior Manager, as AW-1 and marked 10 documents through him as Ex. A.1 to Ex. A.10.

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Heard the Ld. Counsel for the Applicant Bank. 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 enti ed for the claim made in the OA against the Defendants and OA hypothecated assets?

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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.10 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. kn^.*"

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oA.NO.237l202s

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In the result, the^present Original^{ApplicationNo.23712025is} 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. 53, 1 1,0 1 1/- with future interest @^{1 1. 760lo} 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 hypothecation of assets 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^propertiesof 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 Ceftificate 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 14th Day^{of October, 2025).}

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K*e ESHWAR KOTHE) PRESIDING OFFICER

The Axis Bank Ltd. v. Mrs. Tholla Saritha

Case brief

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The Axis Bank Ltd. v. Mrs. Tholla Saritha

Case brief

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