Allowed

Hdfc Bank Ltd., v. Mrs.P Geethanjali

DRT22 Apr 2025OA/299/2023

Case brief

AI extract

What is this about?

The Debts Recovery Tribunal allowed the original application filed by HDFC Bank against three defendants ex-parte. The court held that the defendants were jointly and severally liable to pay the claimed sum with future interest and costs, secured by mortgaged properties.

What did the court decide?

Order 299/2023 allowed; Defendants jointly and severally liable to pay Rs. 25,30,935.06 with interest and costs; recovery certificate to be issued.

Hdfc Bank Ltd., versus Mrs.P Geethanjali — DRT (2025) — LawSathi Research

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IN THE DEBTS RECOVERY TRIBUNAL-II AT HYDERABAD

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DATED THIS THE 22Nd DAY OF APRIL, 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: 299 OF 2023

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HDFC BanK Ltd., Having its office at Bank House # 6-3-246 & 6-3-244/A,6th Floor, Roxana Palladium, Road No.1, Banjara Hills, Hyderabad - 500034. Rep. by its Authorized Signatory.

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.....Applicant.

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Versus

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Mrs.P.Geethanjali,

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W/o.Late Yerrama Reddy, Aged about 56 Years, Occ: Farmer, R/o.H.No. 1-71, Reddyvari Palli Village, Marella Revenue Village, Kambham Vari Palli Mandal, Chittoor District - 5172L3.

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Mr.P.Yugandhar Reddy, S/o. Late Yerrama Reddy, Aged about 32 Years, Occ: Farmer, R/o.H.No. 1-71, Reddyvari Palli Village, Marella Revenue Village, Kambham Vari Palli Mandal, Chittoor District - 517213.

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Mr.Reddy Gaffar Shaik, S/o.Bashu Saheb, Aged about 50 Years, Occ: Business, R/o.H.No.B-80, Marella Kasappa Colony, Marella Village, Kambham Vari Palli Mandal, Chittoor District - 5t7213.

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... Defendants

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Counsel for the Applicant

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: Mr.M.Srinivas Reddy

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Defendants

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:Ex-parte fuoo*

oa.No.299/2023

:: Q-Lo-q& ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.25,30,935.06ps from the defendants jointly and severally with @ 12olo p.a. from 79.72.2022 (cash credit) & @14olo^{p.a. (DOD} Loan facility) the statement date to the date of award/decree and thereafter @18o/o p.a. compounded with monthly rests 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 to 3. They were set ex-parte on 30.06.2023 as called absent and no re prese ntation. .

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The Applicant Bank examined D.Suresh, Deputy Legal Manager, as AW-1 and marked 17 documents through him as Ex. A.1to Ex. A.17.

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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 enti ed 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.17 marked on behalf of the Applicant Bank clinches the claim of the Applicant Bank against the Defendants. Hence, I hold that the Defendants are joinuy and severally liable to pay the OA claim to th9{Appticant Bank with future interest ,/ ,\ $t(-/ .^('</sup>

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and costs. / -oot*.' '..

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oA.NO.299/2023

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In the result, the present Original Application No.299/2023 is allowed as under: -

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i) The Defendants 1 to 3 are jointly and severally liable to pay to the Applicant Bank a sum of Rs.25,30,935.06ps with future interest @10.05o/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 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 entifled to proceed against the person and properties of 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 within 2 weeks from the date of receipt of this Order.

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Issue Recovery Certificate according ly.

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Communicate a copy of this order to the parties concerned. (Dictated to the steno, corrected, signed and pronounced by me in the open court on this the 22"d day of April, 2025). (--/fl$"'*'

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(MMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mrs.P Geethanjali

Case brief

What is this about?

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Hdfc Bank Ltd., v. Mrs.P Geethanjali

Case brief

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