Allowed

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

DRT10 Oct 2025OA/271/2024

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the bank's original application for recovery of dues aggregating Rs.93,79,454.40 with future interest, costs, and a direction to proceed against mortgaged and personal properties of the defaulting defendant.

What did the court decide?

Defendant to pay Rs.93,79,454.40 with 10% per annum simple future interest; bank entitled to enforce mortgage and proceed against person and properties; costs awarded.

The Hongkong and Shanghal Banking versus Mr. Shaik Basheed… — Banking and Recovery | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL.II AT HYDERABAD DATED THIS THE 1OTH DAY OF OCTOBER, 2025

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PRESENT: SH. RAMESHWAR KOTHE, B.Com., L,LB. (HonS.), 14.A. PRESIDING OFFICER

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ORIGINAL APPLICATION No: 271 OF 2024

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The Hongkong and Shanghal Banking Corporation Ltd., One of its Branch at 6-3-1107 & 1108, Raj Bhavan Road Somajiguda, Hyderabad - 500082. Rep. by its Assist Vice President.

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.....Applicant.

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Versus

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Mr. Shaik Basheed, S/o. Late Ibraheem Aged about 47 Years, Occ: Business R/o. Flat No.204, Girishkhara Enclave Hill Top Colony, Erramanjil, Hyderabad-500004.

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Also at:-

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Mr. Shaik Basheed

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C/o. H.No.8-28-14, Balaji Rao Pet Kattivaram Road, Telani, Guntur District - 522201.

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Also at:-

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Mr. Shaik Basheed C/o. Plot No.228, Prashasan Nagar Road No.72, Jubilee Hills, Hyderabad - 500033.

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... Defendant

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Counsel for the Applicant

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M/s. M.Srinivas Reddy

Defe nda nt

Ex-parte

:: qLqLL ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.93,79,454.40ps from the defendant with future interest @18o/o p.a. compounded .a *irn with mo8lhly rests from th e ffi"Tfro^

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oA.NO.27112024

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

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Summon sent to sole defendant returned with endorsement unclaimed hence, deemed to be served and was set ex-parte on 11.O9.2024 as called absent and no representation.

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The Applicant Bank examined Solomon Chavla, Asst. Vice President, as AW-1 and marked 09 documents through him as Ex.A.1 to Ex.A.09.

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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 entitled For the claim made in the OA against the Defendant and OA schedule properties?

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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 Appllcant Bank against the Defendant. Hence, I hold that the Defendant is liable to pay the OA clalm to the Applicant Bank with future interest and costs.

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In the result, the present Original Application No.27712024 is allowed as under:^-

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i) The Defendant is liable to pay to the Applicant Bank a sum of Rs.93,79,454.40ps ,ff.ru$

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0A.NO.27Ll2024

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with future interest @10o/o^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 moftgage of properties 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 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^{pronouncedbymein the open court on} this the 10th Day of October,^2025).

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rlw**

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lnho(esHweR^KorHE) PRESIDING OFFICER

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

Case brief

What is this about?

What did the court decide?

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

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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