Allowed

Hdfc Bank Ltd., v. Mr.Shaik Chand Pasha

DRT22 Apr 2025OA/355/2024

Case brief

AI extract

What is this about?

In an original application for debt recovery, the Debts Recovery Tribunal, Hyderabad, allowed the bank's claim against deux absent defendants, confirming their joint liability, the right to realize dues from the hypothecated vehicle, and the issuance of a recovery certificate.

What did the court decide?

Defendants ordered to pay Rs. 24,53,301.69 with future interest; bank entitled to recover from hypothecated vehicle and their properties; Recovery Certificate issued.

Hdfc Bank Ltd., versus Mr.Shaik Chand Pasha — Banking and Recovery | DRT (2025)

¶1

IN THE DEBTS RECOVERY TRIBUNAL-Ii AT HYDERABAD DATED THIS THE 22ND DAY OF APRIL, 2025

¶2

PRESENT: SH. RAMESHWAR KOTHE, B.Com., L.LB. (Hons.), I,4.A. PRESIDING OFFICER

¶3

ORIGINAL APPLICATION No: 355 OF 2024

¶4

H DFC Bank Ltd., Having its office at # 1-10-60/3, 3'd Floor, Suryodaya Complex, Begumpet, Hyderabad - 500016. Rep. by its Authorized Signatory.

¶5

.....Applicant.

¶6

Versus

¶7

I\4r.Shaik Chand Pasha, S/o.Shaik Sattar, Aged about 30 Years, Occ: Business, R/o.H.No. 16-11-16/c/C/4t, Teegalaguda, Afzal Nagar, Malakpet, Hyderabad District - 500036.

¶8

Mr.Shaik chouse Pasha, S/o.Shaik Sattar, Aged about 37 Years, Occ: Business, R/o.H.No. 16-1 1- I 6/ Gl C/ 47, Teegalag uda, Afzal Nagar, Malakpet, Hyderabad District - 500036.

¶9

... Defendants

¶10

Counsel for the Applicant : M/s.M.Srinivas Reddy

Defendants

: Exparte

:: qLLLL ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.24,53,301.69ps from the defendants jointly and severally with future interest @180/o p.a. with quarterly

¶15

2 oA.NO.3ssl2024

¶16

interests from the date of application till the date of realization alonq with costs and in default for sale of hypothecated vehicle.

¶17

Summons served on D1 and 2. They were set ex-parte on 07.77.2024 as called absent and no representation.

¶18

The Applicant Bank examined Sumaya Shaik, Legal Manager, as AW-1 and marked 07 documents through her as Ex. A.1 to Ex. A.07 .

¶19

Ld. Counsel for the Applicant Bank reported orders may be passed through merits. Perused the material placed on record.

¶20

The^point that arlses for consideration is:-

¶21

whether the Applicant Bank is entitled for the claim made in the OA against the Defendants and OA hypothecated vehicle?

¶22

As stated supra, the Defendants remained ex-parte. The Evidence Affidavit coupled with the recitals in the documents viz., Exs.A.1 to A.07 marked on behalf of the Applicant Bank 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 future interest and costs.

¶23

In the result, the present Original Application No.355/2024 is allowed as under: -

¶24

i) The Defendants are jointly and severally liable to pay to the Applical! Bank a sum of 6'ry'o-s

¶25

oA.NO.3ss/2024

¶26

¶27

Rs.24,53,301.69ps with future interest @9.45% p.a. simple from the date of application till the date of realization;

¶28

ii) the OA claim is secured by way of hypothecation of vehicle described in the schedule annexed to the OA and the applicant bank is entitled to proceed against the same to realise its debt;

¶29

iii) the applicant bank is also entitled to proceed against the person and properties of defendants for realization of its dues;

¶30

iv) the applicant bank is entitled for the costs.

¶31

B. The Applicant Bank is directed to file Cost Memo within 2 weeks from the date of receipt of this Order.

¶32

Issue Recovery Certificate according ly.

¶33

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).

¶34

ESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Mr.Shaik Chand Pasha

Case brief

What is this about?

What did the court decide?

Hdfc Bank Ltd., v. Mr.Shaik Chand Pasha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt Jhansi Garikipati Rep by her Gpa Holder G Adiseshaiah versus Hdfc Bank

Union Bank of India versus M/S Aqua Steel

Yes Bank Limited versus Bhupathi Chandu

Hdfc Bank Ltd., versus Sanjeev Katiyar

Hdfc Bank Ltd., versus Mrs.P Geethanjali

Hdfc Bank Ltd., versus M/S Lakshmi Kantha Reddy Minerals.