Allowed

Bank of India v. M/S.Jyothi Medicals

DRT10 Nov 2025OA/290/2025

Case brief

AI extract

What is this about?

In OA No. 290/2025, DRT allowed the Bank of India's application for recovery of approximately Rs. 34.22 lakhs with future interest from three defendants in an NP account due to default in loan repayment, holding the applicant bank established its claim via evidence.

What did the court decide?

Respondents ordered to jointly and severally pay Rs. 34,22,945.40 with future interest; Recovery Certificate issued; Authority permitted to proceed against movables and properties.

Bank of India versus M/S.Jyothi Medicals — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL -IAT HYDERABAD DATED THIS THE loth DAY OF NOVEMBER,2025 PRESENT: SRI cUMMADI GOPICHAND, PRESIDING OFFICER

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OA. No. 290 OF 2025

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Between :

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Bank of lndia, Sultan Bazar Branch, Hyderabad, Telangana State.

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Represented by its Power of Attorney Holder

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Applicant

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VERSUS

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M/s Jyothi Medicals, Rep by its Partner, H.No. 1-5-1 1151412, Panchsheel Enclave,

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Hlgh Tension Rroad, Old Alwal, Alwal,

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Medchal- Malkajgiri District - 500 010,

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Telangana State.

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Mrs. Jyothi Reddy Banda, Wo Banda BhupelReddy, Sex: Female, Aged 50 years, Occ: Business, R/o H.no. 5-70-4-145, AlwalHills, Road No. 9, Old Alwal, Alwal, Medchal - Malkajgiri District - 500 010, Telangana State. Also at - R/o - Flat No. 206, Rajiv Swagruha Anand Nagar, Telangana State.,-

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(oA. No. 2s0l202s)

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Mr. Banda Sai Sumanth Reddy, S/o Banda Bhupel Reddy, Age Major, Sex Male, Occ: Business, R/o H.no. 5-10-4-145, AtwatHiils, Road No. 9,Old Alwal, Alwal, Medchal - Malkajgiri District - S0O 0.10, Telangana State.

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Defendants

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Counsel forthe parties:
ForTheApplicant	Momin MohammedRafiq
FortheDefendant	Exparte
Reservedon	06.11.2025
Pronouncedon	10.11.2025
Uploadinwebsiteon	10.11.2025

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ORDER

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The Applicant Bank fired the present oA against Defendants for recovery of a total sum of Rs.34,22,g45.40 (Rupees Thirty Four Thousand Eight Hundred Fofi Five and together with future interest @ 9.3S% p.a mot rests with penal interest @ 2% p.a from the B7 fl0l/ 2ffi

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(oA. No. 290/202s)

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date of filing of application till the date of realization and in default for sale of Hypothecation of movabres as mentioned in the Schedule to OA.

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As per the averments in the application, the Applicant Bank states that defendant no. 1 is a partnership firm and defendant nos. 2 and 3 are the partners of defendant no. 1. The Applicant Bank contended that defendant no.1 through its partners defendant Nos. 2 and 3 availed cash credit of Rs.43,50,000/_ with future interest @ 9.35% p.a with monthly rests and the defendants executed Hypothecation cum Loan Agreement dated 01.09.2020 in favor of the applicant bank. After availing the loan facilities, the defendants failed to comply the terms of sanction, hence the applicant bank classified the account as NpA on 09.02.2025 and issued Demand notice on 1z.o2.2o2s. rnspite of severar requests and demands, the defendants did not clear the outstanding. Hence this OA.

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Defendants called absent and set exparte on Ol.1O.2O2S.

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Mr. N. Jogi Reddy, Manager of the Applicant Bank examined himself as AW.1 and exhiblted relevant documents, which are marked as Ex.A.1 to A.13.

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Counsel for the Applicant Bank.

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llolJ 2m :

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(oA. No. 290l202s)

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b. The point that arise for consideration is whether the Applicant bank is entitled for the claim made in the OA against the Defendants as prayed for?

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Defendants remained exparte. To substantiate the case of the Applicant Bank, AW.1, official of the Appticant Bank was examined and he exhibited relevant documents as Ex.A.1 to A.13. ln view of the above, I hold that the Applicant Bank has established their claim made in the oA against the Defendants and hence the Applicant Bank is entifled to recover the claim made in the OA with future interest and costs.

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ln the result, the present OA is allowed with costs, as under :

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The Defendant Nos. 1 to 3 are joinfly and severally liable to pay to the Applicant Bank a total sum of Rs.34,22,g45.40 (Rupees Thirty Four Lakhs Twenty Two Thousand Eight Hundred Fofi Five and Paise Fofi Only) together with future interest @ 9.35oh p.a from the date of firing of apprication tiil the date of realization.

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L The Applicant Bank is entifled to proceed against the Movables mentioned in the Schedule to the OA the debt due.

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0 7 ilol/ ?i!r

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(oA. No. 290/202s)

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The Applicant Bank is also entifled to proceed against the person and properties of defendant nos. 2 and 3 and properties of defendant no. 1 towards realization of the debt due.

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That Applicant Bank is entifled to the costs of the OA.

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The Applicant shall file a cost memo within two weeks from the date of receipt of order.

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lssue Recovery Certificate accordingly.

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Communicate a copy of the order to the parties concerned. (?lct?led ]:..th: p.A, transcribed by her, corected, signed and pronounced by me in the open court on thjs the^'loth day of Nov, 2025)

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sd/(G. coPtcHAND) PRESIDING OFFICER

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Bank of India v. M/S.Jyothi Medicals

Case brief

What is this about?

What did the court decide?

Bank of India v. M/S.Jyothi Medicals

Case brief

What is this about?

What did the court decide?

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