Allowed

The Axis Bank Ltd. v. Mr. Thellajeera Divakar, S/O Chandraiah

DRT10 Oct 2025OA/238/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application filed by Axis Bank for recovery of Rs. 23,49,815/- plus future interest and costs against the defendant, who remained ex-parte, after perusing the plaintiff's evidence affidavit and marked documents.

What did the court decide?

The defendant is liable to pay Rs. 23,49,815/- with future interest at 10.99% p.a. from the date of application till realization, along with costs.

The Axis Bank Ltd. versus Mr. Thellajeera Divakar, S/O… — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

¶2

DATED THIS THE 1OTH DAY OF OCTOBER, 2025

¶3

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

¶4

PRESIDING OFFICER

¶5

Original Application No: 238 OF 2025

¶6

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

¶7

.....Applicant

¶8

Versus

¶9

Mr. Thellajeera Divakar, S/o. Chandraiah Aged about 38 Years, Occ: Private Service R/o. Flat No.G-5, Block 1, S R Estates Friends Colony, Miyapur, Hyderabad - 500049.

¶10

Also at:-

¶11

C/o. Infinite Computer Solutions India Ltd., No.1, Second Floor, Cyber Tower Hitech City, Hyderabad - 500081.

¶12

Also at:-

¶13

Door No.1-76-1, Nadimpalli, Ramulavari Temple, Peddamallela, Chittoor District - 517192.

¶14

Defendant

¶15

Counsel for the Applicant : M/s. M. Srinivas Reddy Defendants : Ex-parteEx-parte

¶16

: Ex-parteEx-parte

¶17

::^qLLE& ::

¶18

The Applicant Bank filed the present OA for the recovery of a sum of Rs.23,49,815/- from the defendant with future interest @18o/o p.a. with quarterly interests from the date of application till the date of /n* - -c^' realisation along with costs. L/ $*O'"

¶19

OA.No.238/202s

¶20

z. Summon served on sole defendant and was set ex-parte on 12.06.2025 as called absent and no representation.

¶21

The Applicant Bank examined Syed Shafiuddin, Senior Manager as AW-1 and marked 09 documents through him as Ex. A.1 to Ex. A.09.

¶22

Heard the Ld. Counsel for the Applicant Bank and perused the material placed on record.

¶23

The point that arises for consideration is:-

¶24

Whether the Applicant Bank is entitled for the claim made in the OA against the Defendant?

¶25

As stated supra, the Defendant remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to A.09 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendant. Hence, I hold that the Defendant is liable to pay the OA claim to the Applicant Bank with future interest and costs.

¶26

In the result, the present Original Application No.238/2025 is allowed as under: -

¶27

l) The Defendant is liable to pay to the Appticant Bank a sum of Rs.23,49,815/- with future interest @10.99olo p.a. simple, from the date of application till the date of realizatiOn;

¶28

ii) the applicant bank is also entitled to proceed against the person and properties of the defendant for realization of its dues; kS

¶29

OA,No.238/2025

¶30

iii) the applicant bank is entitled for the costs.

¶31

The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶32

Issue Recovery Certificate accordingly.

¶33

Communicate a copy of this order to the parties concerned. (Dictated to the steno., transcribed by him, corrected, signed and pronounced by me in the open court on this the loth day of october, 2025).

¶34

k,,

¶35

PRESIDING OFFICER

The Axis Bank Ltd. v. Mr. Thellajeera Divakar, S/O Chandraiah

Case brief

What is this about?

What did the court decide?

The Axis Bank Ltd. v. Mr. Thellajeera Divakar, S/O Chandraiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Canara Bank versus Mr. Pokuri Venkateshwar Rao

Hdfc Bank Ltd. versus M/S. Sri Sai Star Cable Network

B Shylender Kumar versus Repco Bank

The Hongkong and Shanghal Banking versus Mr. Shaik Basheed, S/O Late Ibraheem

The Axis Bank Ltd., versus Mr. Banda Shravan Kumar

Idfc First Bank Ltd. "Now" versus Mr. Mohd.Shahabuddin Adil