Allowed

Unity Small Finance Bank Limited v. New Amma Hospitals

DRT28 Mar 2025OA/24/2024

Case brief

AI extract

What is this about?

The Presiding Officer allowed the Debts Recovery Tribunal original application filed by Unity Small Finance Bank Ltd. for recovery of a dues sum of Rs. 34,73,930.65 along with future interest and costs from the defendants, who remained ex-parte.

What did the court decide?

Defendants are jointly and severally liable to pay Rs.34,73,930.65 with future interest at 10.50% p.a., costs, and issue of recovery certificate.

Unity Small Finance Bank Limited versus New Amma Hospitals — Money Laundering | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD

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DATED THIS THE 28TH DAY OF MARCH, 2025

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

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PRESIDING OFFICER

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Original Application Noi 24 OF 2024

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Unity Small Finance Bank Ltd., Municipal No.8-2-269, Lumbini Jewel Mall, Road No.2, Banjara Hills, Hyderabad, Tela ngana - 500034, India. Rep. by its Authorized Signatory.

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...Applicant

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Versus

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New Amma Hospitals., Plot No.28 & 63, NH65, Vijayawada, Hayathnagar, Telangana State - 501505.

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l,lohammed Faiza Khan, Plot No.3- 15-23, H.No.ZlL2, Bahar Sahara Estates, LB Nagar, Hyderabad - 500068, TS.

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Mohammed Amjad Kha n, Plot No.102, Basera Apartment, Ma llikarjuna Nagar, Chinta lkunta, Check Post La ndma rk,

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Hyderabad - 500074, TS.

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...... Defendants

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Counsel for the Applicant

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: [4/s.G.Adrian Kiran Raj

Defendants

:Ex-parte

:: :: l!-f,[f$

The Applicant Bank filed the present OA for the recovery of a sum of Rs.34,73,930.65ps as on 07.11.2023 from the defendants^jointly N*"

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OA.No.24l2024

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and severally with future interest @ 79o/o p.a. with monthly rests from the date of application till the date of realisation along with costs.

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Summons served on D1 to 3 through^paper publication. They were set ex-parte on 27.08.2024 as called absent and no representation.

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The Applicant Bank examined M.Sai Yeshwanth Rao, Legal^Manager as AW-1 and marked 06 documents^{through him as Ex. A.1 to Ex.} A.06.

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Ld. Counsel for the Applicant Bank stated orders may be^{passed on} merits and perused the material^placed on record.

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5, The^point 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?

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As stated supra, the Defendants remalned ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs. A.1 to 4.6 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 Application No.24/2024 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.34,73,930.65ps as on /M6,"

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OA.No.24/2024

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07.tL.2023 with future interest @ 10.50o/o p.a. simple, from the date of application till the date of realization;

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ii) the applicant bank is also entitled to proceed against the person and properties of the defendant for

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realization of its dues;

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iii) the applicant bank is entitled for the costs.

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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., transcribed by him, corrected, signed and pronounced by me in the open court on this the 28th day of March, 2025).

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SHWAR KOTHE) PRESIDING OFFICER

Unity Small Finance Bank Limited v. New Amma Hospitals

Case brief

What is this about?

What did the court decide?

Unity Small Finance Bank Limited v. New Amma Hospitals

Case brief

What is this about?

What did the court decide?

What the court decided

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