Allowed

Idbi Bank Ltd. v. Mr. Lingam Harish

DRT23 Jul 2025OA/252/2024

Case brief

AI extract

What is this about?

Debts Recovery Tribunal allowed an original application filed by IDBI Bank for recovery of Rs. 22,05,083.33 from two defendants jointly and severally, with future interest, costs, and security over mortgaged properties based on ex-parte evidence.

What did the court decide?

Defendants to pay Rs. 22,05,083.33 with future interest at 11% p.a. and costs; OA claim secured by mortgage properties; Recovery Certificate issued.

Idbi Bank Ltd. versus Mr. Lingam Harish — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II^{AT HYDERABAD}

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DATED THIS THE 23RD DAY OF JULY, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.COM.,^{L.LB. (HONS.),14.A.}

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PRESIDING OFFICER

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ORIGINAL APPLICATION NO: 252 0F 2024

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IDBI BanK Ltd., Dharmavaram Bra nch Dharmavaram, Sri Sathyasal District. Rep. by its Asst. General lvlanager.

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.....Applicant.

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Versus

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[4r. Lingam Harish S/o. Mr.Lingam Ja na rdha n

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Aged 33 Years, Occ: Business 2-270-7-A, Chandra Babu Nagar Dharmavaram, Sri Sathya Sai District-515671.

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Also at:-

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D. No.16-59, Kethinaga r Colony Dharmavaram, Sri Sathya Sai District-515671.

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Mrs. Dasari Sha rm ila W/o, Mr,Lingam Harish, Aged 26 Years

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Occ: Business, R/o. D. No.31- 1030 Ram Nagar, Dharmavaram, Sri Sathya Sai District - 515671.

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... Defenda nts

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: lvl/s.Trivikram Chitturu Counsel for the Applicant Defendants : Ex-parte

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:: (LLLE& ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.22,05,083.33ps from the defendants jointly and severally with future interest^qLlo/o p.a. with monthly rests /fu** l-/

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oa.No.25212024

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from the date of application till the date of realization along with costs and in default for sale of OA schedule properties.

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Summons served on D1 through paper publication, whereas summons served on D2. They were set ex-parte on 13.03.2025 as called absent and no representation.

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The Applicant Bank examined Vishal Mutalikdesai, Asst. General Manager, as AW-1 and marked 11 documents through him as Ex. A.1 to Ex. A.11.

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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^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 and OA schedule properties?

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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.11 marked on behalf of the^{ApplicantBank} 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 futureinterest} and costs.

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In the result, the^{present OriginalApplication No.252/2024is} allowed as under:^-

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i) The Defendants are^jointly and^severally llable to^pay to the AppliEant Bank a^{sum of} Ow*

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oA.NO.252lZO24

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Rs.22,05,083.33ps^{with future interest} @11olo^{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 properties described^{in the schedule} annexed to the^{OA and the applicant bankis} entitled to^{proceedagainstthe 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 entitledfor 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,^{signedand pronounced by me in the open court on} this the 23'd Day^{of JulY,2025).}

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PRESIDING OFFICER

Idbi Bank Ltd. v. Mr. Lingam Harish

Case brief

What is this about?

What did the court decide?

Idbi Bank Ltd. v. Mr. Lingam Harish

Case brief

What is this about?

What did the court decide?

What the court decided

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