Allowed

Hdfc Bank Ltd., v. Shaik Ghouse Pasha

DRT18 Feb 2025OA/357/2024

Case brief

AI extract

What is this about?

DRT-I Hyderabad allowed the bank's original application for recovery. Being ex-parte and evidence established the claim, the court held defendants liable to pay the principal sum with future interest. The bank was also entitled to proceed against the hypothecated vehicle and other properties for realization of dues.

What did the court decide?

Defendants jointly and severally liable to pay Rs. 25,25,596.69 with future interest @ 12.5% p.a. Bank entitled to proceed against hypothecated vehicle and defendants' properties.

Hdfc Bank Ltd., versus Shaik Ghouse Pasha — Contract and Commercial Disputes | DRT (2025)

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IN THE DEBTS RECOVERY TRIBUNAL-I] AT HYDERABAD DATED THIS THE 18th DAY OF FEBRUARY, 2025

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

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ORIGINAL APPLICAT]ON No: 357 OF 2024

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

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.... .Applica nt.

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Versus

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lvlr. Sha ik Ghouse Pasha, S/o.Shaik Sattar, Aged about 37 Years, Occ: Business, R/o. H. No.16- 11- 16/c/C/4L, Teega laguda, Afzal Nagar, Malakpet, Hyderabad District - 500036.

¶8

M r.Sha ik Chand Pasha, S/o.Shaik Sattar, Aged about 30 Years, Occ: Business, R/o. H. No.16- 11- 161c/C/4t, Teega laguda, Afzal Nagar, Malakpet, Hyderabad District - 500036.

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.. . Defendants

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

Defendants

: Ex-pa rte

:: ORDER ::

The Applicant Bank filed the present OA for the recovery a total sum of Rs.25,25,596.69ps from the defendants jointly and severally with future interest @ 18% p.a. with quarterly '^{X\tt^ /<^} 7 ,s-

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oA.NO.357/2024

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interest from the date of^{application till the date of realization} along with costs^{and in default for sale of hypothecated vehicle'}

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Summons served^on D1 & 2 through^{paper publication and was} 09.12.2024 as called^{absent and no}

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set ex-parte on representation.

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The Applicant^{Bank examined SumayaShaik, Legal Manager,as} AW-1 and marked^{07 documents through her as Ex. A.1 to Ex} A.07.

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Ld. Counsel for the^{Applicant Bankreported ordersmay be} passed through merits. Perused the material^{placed on record'}

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

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Whether the Applicant^{Bank is entitled} for the claim made in the OA^against the Defendants and OA^hypothecated vehicle?

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As stated supra, the Defendants^{remained ex-parte. The} Evidence Affidavit coupled with^{the recltals in the documents} viz., Exs. A.1 to A.O7 marked on^{behalf of the Appllcant Bank} clinches the claim of the^{Applicant Bank against the Defendants.} Hence, I hold that the Defendants^{are jointlyand severally liable} to^pay the OA claim to the^{Applicant Bank with futureinterest} and costs.

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In the result, the^{present OrlginalApplication No.35712024 is} allowed as under:^-

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i) The Defendants are^jointly and^severally liable to^pay to the Applicant-Bank a^{sum of} /21u,vr^n

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L/''w"

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oA.NO.3s7l2024

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Rs.25,25,596.69ps with future interest @12.51o/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 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;

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iii) the applicant bank is 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 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 accordingly.

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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 18th Day of February, 2025).

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1ffi"*e (R,AMESHWAR KOTHE) PRESIDING OFFICER

Hdfc Bank Ltd., v. Shaik Ghouse Pasha

Case brief

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Hdfc Bank Ltd., v. Shaik Ghouse Pasha

Case brief

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