Allowed

Idbi Bank Ltd. v. M/S. Sunmed Hospital

DRT10 Dec 2025OA/284/2025

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed an original application by IDBI Bank for recovery of a debt. Claiming defendants defaulted by not filing written statements, the Presiding Officer held them jointly and severally liable to pay the principal sum with future interest, secured by mortgaged property.

What did the court decide?

Defendants jointly and severally liable to pay Rs.1,62,86,818.49 with future interest; claim secured by mortgage of schedule property; applicants entitled to proceed against person and properties and

Idbi Bank Ltd. versus M/S. Sunmed Hospital — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDEMBAD DATED THIS THE 1OTH DAY OF DECEMBER, 2025

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

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ORIGINAL APPLICATION No: 284 oF 2025

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IDBI Bank Ltd, Bowenpally Branch, Secunderabad. Rep by its Asst General Manager.

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.....Applicant.

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Versus

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M/s. Sunmed Hospital Rep by its Partners

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Sy. No. 56, Tirmulgherry Secunderabad, T.G-500015.

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Mr. Devishetty Srikanth Rao S/o Sri. Srinivasa Rao, age 52 yrs, Male R/o. Flat No.104, 1st floor, Krishnaveni plaza Nethagi Nagar X Road, Kapra Medchal-Malkajgiri District, T.G-500062.

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Mr. Devishetty Sri Harsha Vardhan Rao S/o. Sri. Devishetty Anil^prasad Rao age 24 yrs, Male, R/o.H.No.2-1-t9S/LB/2OL Sreeprabha Sirisampada Apartments New Nallakunta, Hyderabad, T.G-500044.

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...Defendants

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Counsel for the Applicant : MR. Trivikram Chitturu Defendants : Ex-parteEx-parte

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: Ex-parteEx-parte

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:: ORDER ::

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The Applicant Bank filed the present OA for the recovery a total sum of Rs.1,62,86,818.49ps from the defendants joinily and severally with future interest @12.85o/o p.a. plus penal interest N#

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oA.NO.284/2025

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@2%^{with monthly rests from the date of application till the} date of^{realization along with costsand in defaultfor sale of OA} schedule ProPerty.

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WS not filed^{bY D1 to 3 hence,} their rlght was^{forfeited on} to 3 hence, their^{right was}

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23.09.2025.^{DE not filed bY D1} 05.72.2025^{as calledabsent}

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forfeited and^{was set ex-Parteon} and no representation.

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Upender,^Legal

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1. The Applicant^{Bank examinedVissavaram} Manager, as^{AW-1and marked 09 documents} through him^as Ex. A.1 to Ex.^A.09.

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Heard the Ld.^{Counselfor the Applicant Bank' Perused the} materiat Placed^{on record.}

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The^point that^{arises for consideration is:-}

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Whether the^{Appticant Bank is entitled} for the claim^{madein the OA against} the Defendants^{and OA schedule} ProPertY?

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As stated supra,^{the Defendants remained ex-parte The} Evidence Aftidavit^{coupledwith the recitalsin the documents} viz., Exs. A.1 to^{A.O9 markedon 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 claimto the Applicant Bank with futureinterest} and costs.

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In the result,^{the present Original Application No 28412025 is} attowed as^{under: -} 0W*

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oA.NO.284/2025

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The Defendants^{are jointly and severally}

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i) liable to^{pay to the Applicant Bank a sum of} Rs.1,62,86,818.49ps^{with future interest} @12.85o/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 mortgage} of^{property described in theschedule} annexed to^{the OA and the applicantbank is} entitled to^{proceedagainst the same to} realise its^debt;

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iii) the^{applicant bankis also entitled to proceed} against the^{person and properties of} 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'} ioictated^{to the steno, corrected,siSnedandpronouncedbymein the open court on} this the 10th^{Day of December, 2025)'}

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-t]trr,,"n i.r_,it'^t " !\ 't^*

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(RAMESHWAR^KOTHE) PRESIDING^OFFICER

Idbi Bank Ltd. v. M/S. Sunmed Hospital

Case brief

What is this about?

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Idbi Bank Ltd. v. M/S. Sunmed Hospital

Case brief

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